What just happened
If you were handed court papers about a debt, a lawsuit against you has formally started. Being “served” means you have been officially notified that the case exists.
Being served does not mean a judge has decided anything. It does not mean you owe what the papers claim. It means the clock — explained in the next section — has started.
The papers are usually two documents. Look for both:
The Summons
This is the court’s notice to you. It names the court, names the people in the case, gives the case number, and states your deadline to respond.
The Complaint
This is the other side’s claims, written in numbered paragraphs. It says who is suing, what they say happened, and what they want — usually a sum of money.
Keep every page, including the envelope if the papers came by mail. Write the date and time you received them on the first page, and keep the papers somewhere safe.
The clock: your deadline
The deadline printed on your summons is the one that counts. Find it first, before you read anything else.
Deadlines are not the same everywhere. In federal court, the Federal Rules of Civil Procedure give a defendant 21 days after being served to respond (Rule 12). State courts set their own deadlines, and they differ from state to state — which is why no general number can replace the date on your own papers.
Do this today: find the response date on your summons and write it down where you will see it every day — on the papers themselves, on a calendar, on the fridge.
My deadline is:
Do not guess at the date, and do not count on extra time. If your deadline is close, skip ahead to section 6 and get help first.
What “service” means
Service is the formal delivery of the summons and complaint. It is how the court treats you as having been told about the case.
The person suing you cannot hand you the papers themselves. Under the Federal Rules (Rule 4), the person who serves the papers must be at least 18 years old and not a party to the case — not someone involved in the lawsuit.
Refusing the papers does not stop the case. Refusing to take them, or refusing to touch them, does not stop service from counting. The Consumer Financial Protection Bureau explains that refusing delivery is unlikely to help, and the court can treat the case as one you were properly served with.
Taking the papers does not mean you agree with them. Accepting the papers only means you received them. It does not mean you agree with any claim inside them.
What an “Answer” is
An Answer is the written response you file with the court. “Filing” means delivering it to the court clerk so it becomes part of the case record, by the deadline on your summons.
Here is its shape. The Answer responds to the Complaint paragraph by paragraph. For each numbered claim, you say one of three things (Federal Rule 8):
For each numbered paragraph of the Complaint, the Answer says:
Under the federal rule, saying you do not know enough has the effect of a denial.
Defenses go in the Answer. A defense is a reason the other side should not win even if their facts are true. Defenses are normally raised in the Answer — and some defenses are lost if they are not raised there.
After you file your Answer with the court, a copy goes to the other side’s lawyer (or to the other side directly, if they have no lawyer).
Where the form comes from: court clerks have Answer forms, and many courts post their forms online. If your court charges a filing fee and you cannot afford it, ask the clerk about a fee waiver — waivers exist for people who cannot afford the fee where a court charges one.
One point the CFPB stresses: responding does not mean you agree that you owe the debt. When you respond, the other side has to prove its claims to the court.
What happens if you do nothing
Doing nothing does not make the case go away. It moves forward without you.
The other side can ask the court for a default judgment (Federal Rule 55). That means they win without a trial, because you never answered. The judgment can cover the amount they claimed, plus interest and fees the court allows.
A judgment is a court order, and it is enforceable. Depending on your state’s laws, the winner may be able to:
- Garnish your wages — take part of your pay.
- Freeze or take money from your bank account (called a levy).
- Place a lien against your property.
Can a judgment be undone later? Sometimes a court can set aside a judgment — courts also call it vacating — but it is very difficult to get a judgment changed or set aside once the case is over. The grounds are narrow and the clock is short. Do not count on it. Answering the summons is far easier than trying to undo a judgment.
Where real help is
You do not have to sort this out alone. These are the places that help people in this exact spot:
- The court clerk’s office. The clerk’s office at the court named on your summons can give you the forms and answer questions about how and where to file. Start here if you are not sure what form you need.
- Legal aid. Local legal aid organizations give free legal help to people who qualify. Ask the clerk’s office who provides legal aid in your county, or search for “legal aid” plus your county’s name.
- A lawyer. Many lawyers who handle debt cases offer a first consultation free or at low cost. Even one short conversation can tell you where you stand before your deadline.
- The CFPB. If you believe a debt collector broke the rules in dealing with you, the Consumer Financial Protection Bureau takes complaints about debt collectors at consumerfinance.gov. Its Ask CFPB pages also explain, in plain words, what to do if you’re sued by a debt collector or creditor.
If your deadline is days away, treat getting help as the urgent step: call legal aid or a lawyer first, and read the papers fully after.
Sources
Every rule on this page traces to one of these official sources:
- Consumer Financial Protection Bureau (CFPB), Ask CFPB: “What should I do if I’m sued by a debt collector or creditor?” — consumerfinance.gov.
- Federal Rules of Civil Procedure, Rule 4 (Summons), as published by the Legal Information Institute and in the official Federal Rules of Civil Procedure published by the U.S. Courts.
- Federal Rules of Civil Procedure, Rule 8 (General Rules of Pleading), as published by the Legal Information Institute and the U.S. Courts.
- Federal Rules of Civil Procedure, Rule 12 (time to serve a responsive pleading), Legal Information Institute, Cornell Law School.
- Federal Rules of Civil Procedure, Rule 55 (Default; Default Judgment), Legal Information Institute, Cornell Law School.
Facts checked November 2026.
General information only — not legal advice. This page was not written by a lawyer and cannot tell you what to do in your case. For advice about your situation, talk to a lawyer or your local legal aid office.