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How to Answer a Summons Without an Attorney (Step-by-Step Guide)

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on 20/11/2025
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Quick Answer Summary

If you’ve just been served and want the fast version:

  • Do not ignore the summons. In many courts you have about 20–30 days to respond after you’re served; in federal court it’s generally 21 days.American Bar Association+1

  • Read every page of the summons and complaint to find: who is suing you, why, how much they claim, and the exact deadline to respond.

  • Decide your goal: settle, admit and pay, dispute some or all of the claims, or raise defenses (like mistaken identity, wrong amount, or expired statute of limitations).

  • Draft an “Answer” that:

    • Includes the case caption (names, court, case number).

    • Responds to each numbered paragraph by admitting, denying, or stating you lack enough information.

    • Lists any affirmative defenses (for example, “statute of limitations,” “not my debt,” “already paid”).

  • File the Answer with the court and send a copy to the plaintiff or their lawyer before the deadline, keeping proof of filing and mailing.Self-Help California Courts+1

From there, you prepare for your hearing, keep copies of everything, and stay on top of court notices.

What a Summons Really Means (and Why You Cannot Ignore It)

A summons is the court’s official notice that someone has filed a lawsuit against you. It usually comes stapled to a complaint, which lists what the other side (the “plaintiff”) says you did and what they want the court to order (money, an eviction, etc.).Maryland Courts+1

If you do nothing, the plaintiff can ask the court for a default judgment. In many debt collection cases, between 60% and 70% end in default judgments, meaning the plaintiff wins simply because the defendant did not respond at all.Pew Charitable Trusts+1 That default can lead to wage garnishments, bank levies, and liens on property in many states.

Bottom line: Answering the summons (properly and on time) keeps you in the game and forces the plaintiff to prove their case.

Step 1: Read the Summons and Complaint Carefully

Sit down with a pen or highlighter and look for:

  • Who is suing you (plaintiff’s name, address, and attorney if any).

  • What they claim (for example, unpaid credit card debt, unpaid rent, car accident, medical bill, etc.).

  • How much they’re asking for.

  • Which court you’re in (small claims, district, circuit, county, federal, etc.).

  • Your deadline to respond. This is often printed on the summons itself or referenced in a rule.

Different courts give different response times. Examples (these are just illustrations; your paperwork controls):

Action step: On the front of your paperwork, write “ANSWER DUE BY: [date]” in big letters so you cannot miss it.

Step 2: Calculate Your Deadline Correctly

Most court rules tell you how to count days. A common method:

  1. Do not count the day you were served. Start with the next calendar day.

  2. Count every day, including weekends and holidays.

  3. If the deadline falls on a weekend or court holiday, it usually moves to the next business day.Delaware Courts+1

If your summons is unclear, call the court clerk’s office and ask, “What’s the deadline for my Answer in case number [X]?” They cannot give you legal advice, but they usually can repeat what the rule says.

If you realize you’re very close to the deadline and your Answer is not perfect yet, it is usually better to file a simple, timely Answer than to miss the deadline while trying to draft the “perfect” one. You can often amend it later, depending on your court’s rules.

Step 3: Decide on Your Strategy

Before writing, decide what you want:

  1. You agree you owe the money but need time.

    • You might still file an Answer to avoid default, then contact the plaintiff or their attorney to ask for a payment plan or settlement.

    • Sometimes they will agree to a lower lump-sum payment if you can pay quickly.

  2. You disagree with some or all of what they claim.

    • Maybe the amount is wrong, you don’t recognize the debt, or you already paid.

    • In that case, your Answer will contain denials and defenses.

  3. You think the lawsuit is legally defective.

    • For example, the wrong person was sued, the statute of limitations has expired, or the complaint is so vague you cannot respond.

    • In some courts, you can file a motion to dismiss or a motion for a more definite statement instead of (or before) filing an Answer.Kramon & Graham

  4. You want to countersue (counterclaim).

    • Maybe the plaintiff also owes you money or violated your rights.

    • Some counterclaims must be raised in this case or you lose them, but rules vary by jurisdiction.

If you’re unsure whether to file an Answer or a motion, you may want at least a short consultation with a lawyer or a legal-aid clinic. Many offer free or low-cost advice.

Step 4: Drafting Your Answer Without a Lawyer

Your Answer is your formal response to the complaint. Courts and legal aid organizations often provide free Answer forms you can fill in; federal courts even publish a model “Defendant’s Answer to the Complaint” for people representing themselves.United States Courts+1

Even if you use a form, your Answer usually needs these parts:

1. Caption

This is the heading at the top. Copy the caption from the complaint:

2. Responses to Each Numbered Paragraph

The complaint will have numbered paragraphs. For each one, you must decide:

  • Admit – you agree it is true (or mostly true).

  • Deny – you disagree or the plaintiff must prove it.

  • Lack knowledge or information – you don’t know if it’s true, so you cannot admit it.

Common phrasing:

  • “Defendant admits the allegations in paragraph 1.”

  • “Defendant denies the allegations in paragraph 2.”

  • “Defendant lacks sufficient knowledge or information to admit or deny the allegations in paragraph 3, and therefore denies them.”

If a paragraph is half true and half not, you can admit in part and deny in part, for example: “Defendant admits having had an account with Plaintiff, but denies owing the amount alleged in paragraph 5.”

Practical tip: It is usually safer to deny anything you are unsure about than to admit it. Once you admit something in court papers, it can be very difficult to undo.

3. Affirmative Defenses

After you respond to each paragraph, you list your affirmative defenses. These are legal reasons the plaintiff should not win even if some of what they say is true.

Common defenses in everyday civil and debt cases include (but are not limited to):

  • Statute of limitations – The plaintiff waited too long to sue under your state’s time limits.

  • Mistaken identity / not your account – You are not the person who incurred the debt or obligation.

  • Amount is incorrect – The figures include unauthorized charges, incorrect interest, or fees not allowed by law or contract.

  • Debt already paid, settled, or discharged – You already paid, had the debt forgiven, or it was discharged in bankruptcy.

  • Improper service – You were not served according to your state’s rules.

  • Lack of standing – The company suing you cannot prove it owns the debt or has the right to sue.

You typically list each defense in its own numbered paragraph, for example:

Even if you are not 100% sure a defense applies, many courts expect you to raise any possible defenses early; otherwise they can be considered waived. This is another spot where a brief legal consultation can be valuable.

4. Counterclaims (If Any)

If you are suing the plaintiff back (for example, for illegal collection practices, breach of contract, or damage they caused you), you can sometimes add counterclaims in the same document. The format is similar to a complaint, with its own short section describing:

  • What the plaintiff did wrong.

  • How it harmed you.

  • What you want the court to award (money, certain orders, etc.).

Rules on counterclaims are technical, so if your case is large or complex, seeking legal advice is wise.

5. “Wherefore” Clause (What You Want the Court to Do)

Near the end, you add a short request such as:

  • “Defendant respectfully requests that the Court dismiss Plaintiff’s Complaint with prejudice, award Defendant costs as allowed by law, and grant such other relief as the Court deems just and proper.”

6. Signature Block

Include:

If your court requires verification or notarization (some do), you may need to sign in front of a notary or court clerk.New York City Bar Association+1

Step 5: File and Serve Your Answer Correctly

Answering is a two-step process in most courts:

  1. Serve the plaintiff (or their lawyer).

    • Mail or deliver a copy of your signed Answer to the plaintiff’s attorney or to the plaintiff directly if they have no attorney. The proper address is usually on the summons or complaint.Massachusetts Legal Help+1

    • Some courts require personal delivery or certified mail; check your local rules or ask the clerk what methods are allowed.

    • Keep proof of mailing or delivery (certified mail receipt, mailing certificate, etc.).

  2. File the Answer with the court.

    • File the original (or e-file, if your court uses e-filing) with the clerk’s office, often with a Certificate of Service saying when and how you sent a copy to the plaintiff.Seventh Judicial District+1

    • There may be a filing fee; if you cannot afford it, ask about a fee waiver form.

If you do these steps late, the plaintiff may still seek a default judgment, but in some courts you can file a motion asking the judge to accept your late Answer. That becomes a request for equitable relief, and granting it is up to the judge.

Real-Life Style Example: Answering a Credit Card Lawsuit

Imagine this scenario:

You receive a summons saying a debt buyer is suing you for a credit card debt of $6,800. You don’t recognize the company’s name and believe the account is at least 7 years old.

Here’s what a careful pro se (self-represented) approach might look like:

  1. You read the papers and realize you have 30 days from the day you were served to respond.

  2. You pull your old records and see your last payment on that card was more than six years ago. In your state, the statute of limitations on credit card debt is six years.

  3. In your Answer, you:

  4. You file and serve the Answer on time.

  5. At the hearing, the plaintiff cannot produce complete account records or a valid chain of assignments showing they own the debt. The judge dismisses the case.

That outcome is not guaranteed in every case, but this example shows why showing up and filing an Answer can dramatically change your odds compared to doing nothing.

Common Mistakes People Make When Answering a Summons

Try to avoid:

  1. Ignoring the papers or procrastinating.

  2. Calling the plaintiff to “explain” but not filing anything with the court.

  3. Admitting things you’re not sure about.

  4. Leaving out defenses.

  5. Sending an Answer to the plaintiff but not filing it with the court (or vice versa).

  6. Missing hearings after you file an Answer.

When You Should Strongly Consider Talking to a Lawyer

Handling a summons without an attorney is more realistic when:

  • The dollar amount is modest.

  • The issues are straightforward (for example, a consumer debt or simple contract dispute).

You should seriously consider talking to an attorney or legal-aid office if:

  • The case involves large amounts of money, business disputes, or real estate.

  • You are being sued over professional malpractice, serious personal injury, or complex contracts.

  • You face foreclosure, eviction, or tax liens.

  • You are not a U.S. citizen and are worried about immigration consequences.

Even a 30-minute consultation can help you identify key defenses and strategy, which you can then carry forward on your own if needed.

Look for:

  • Legal aid organizations

  • Bar association referral services

  • Court-based self-help centers and clinics, which are increasingly common and often provide one-on-one guidance and sample forms.The Maryland People’s Law Library+1

Free Tools and Resources to Help You Answer a Summons

Here are types of resources to search for in your state (these are examples, not endorsements):

  • State court self-help websites – Many provide step-by-step guides and downloadable Answer forms.Self-Help California Courts+1

  • Legal aid and law library materials – Many host workshops or have online videos guiding you through responding to a complaint.LACSN

  • National 50-state guides for debt collection suits – Some nonprofit organizations publish state-by-state summaries of deadlines and procedures for answering a debt summons.SoloSuit+1

When you find a guide, always verify it applies to:

  1. Your state

  2. Your type of court (small claims vs regular civil)

  3. Your type of case (debt, landlord–tenant, contract, etc.)

Final Thoughts

You may feel powerless when a sheriff or process server hands you a summons, but you have more control than you think. By responding on time, telling your side clearly, and asserting valid defenses, you prevent the “automatic win” that so many plaintiffs enjoy simply because defendants stay silent.

You don’t have to draft a perfect, lawyerly document; you just have to file a clear, honest, timely Answer and follow through with court dates. Combined with free resources and, if possible, a brief consultation with a legal professional, you can give yourself a real chance to protect your money, your credit, and your peace of mind.

Sources

Video Section (Helpful Overviews)

These videos can help you visualize the process of responding to a summons (always double-check that the advice fits your state and court):

Disclaimer

This article is for general informational and educational purposes only and is not legal advice. Laws, court rules, and deadlines vary by state, court, and type of case, and they change over time. Reading this article does not create an attorney–client relationship, and I am not acting as your lawyer. You should consult a licensed attorney or qualified legal-aid organization in your jurisdiction for advice about your specific situation.

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