How to Respond After Being Served With a Summons and Complaint in New Jersey
Key Takeaways for Business Owners
You generally have 35 days from service to respond or risk default judgment.
Read the papers you receive, including the summons, complaint, and Case Information Statement, to identify the court, deadline, and claims.
Choose the right response depending on your goal.
Use motions when appropriate.
Consider counterclaims, crossclaims, or third-party complaints to bring all responsible parties into one case.
You’re here because you just received a summons and complaint. Now that you know you’ve been named as a defendant in a lawsuit, the question is what to do next. The first and most important step is to prepare an answer, but the kind of answer you file depends on several factors, including:
Which court will be hearing your case, such as the Small Claims, Special Civil Part, or Law Division of the Superior Court
Whether you admit or deny the numbered paragraphs in the complaint
Whether you also plan to countersue the plaintiff or raise affirmative defenses
Whether there are other defendants involved in the same case
No matter which situation applies, time is critical. Under New Jersey civil procedure, you generally have 35 days from the date you were served to file a written response with the court clerk’s office. Missing that time limit can result in a default judgment, which allows the plaintiff’s attorney to seek damages without further notice. Keep reading to understand how to respond to a summons and complaint in New Jersey, the options available to you, and how the proper filing can protect your business from default.
Understanding the Documents You Received
When you were served, you likely received three documents that mark the start of the civil procedure in your case. Each one serves a different purpose and helps the Superior Court identify how your lawsuit will proceed.
Summons
The court summons is the official notice that a lawsuit has been filed against you. It lists the case number, the court clerk’s office that issued it, and the time limit to file your answer, usually 35 days. The summons also contains a code that tells you which part of the court your case belongs to:
L indicates the Law Division, Civil Part
DC identifies the Special Civil Part (cases for $20,000 or less)
SC marks the Small Claims Section (claims for $5,000 or less)
C designates General Equity matters (cases involving orders or injunctions rather than money)
Complaint
This is the first pleading from the plaintiff or the plaintiff’s attorney. It lists the numbered paragraphs of allegations, facts, and demands for relief. In debt collection lawsuits, the complaint may also include account statements, certified mail receipts, or other documents the debt collector plans to use to prove the debt.
Case Information Statement
This is an administrative form that helps the court clerk manage the case. It includes the tracking number, the parties’ addresses, and other details the court uses to decide how the case should be handled. You’ll need to file your own version when you submit your written response or Answer, and a filing fee or small fee may apply, depending on the court.
Why You Should Respond to the Summons and Complaint
When you receive these documents, New Jersey civil procedure requires a written response. Responding is in your interest for several reasons:
You keep control of the process: Filing an Answer with the court clerk’s office keeps your case active in the Superior Court and prevents the other side from dictating the timeline.
You choose your position: Your filing lets you admit or deny the numbered paragraphs in the complaint, assert affirmative defenses, and decide whether to countersue the plaintiff or add other defendants.
You avoid automatic loss: If you do not respond within the time limit, the court may enter a default judgment. In a debt collection lawsuit, that can allow a debt collector or the plaintiff’s attorney to pursue collection remedies, including levies on a bank account or liens on property.
The type of response that is required depends on your situation, including whether the case was filed in Small Claims, the Special Civil Part, or the Civil Part, and whether you plan to raise affirmative defense arguments.
How Long Do I Have to Respond to a Summons and Complaint in New Jersey?
Early preparation is key. If you were served in New Jersey, contact a business lawyer promptly and mark your deadline. Most civil cases give you 35 days from the date of service to file a written response with the court clerk’s office. That window is measured from the day after you receive the papers.
Some matters move faster. In Small Claims, you appear on the return date listed on the summons rather than filing a written Answer. General Equity cases may proceed under an Order to Show Cause, which is a court order that sets an expedited schedule and requires the defendant to explain why the plaintiff should not receive temporary relief. These matters carry shorter, specific opposition deadlines.
Miss the deadline and you risk a default judgment, which can let the plaintiff’s attorney or a debt collector move for enforcement.
What Type of Response Do I Need to File After a Summons and Complaint?
The response you file should match your goal. Do you want to be heard on the merits, ask the court to dismiss the case, request more time, or bring your own claims and affirmative defenses against the person suing you?
If You Want to Be Heard on the Merits
Answer
Your lawyer prepares the formal written response to the complaint, addressing each numbered paragraph by admitting, denying, or stating a lack of knowledge. In the Civil Part or Special Civil Part, counsel includes any affirmative defenses, counterclaims, or crossclaims, then files it with the court clerk’s office and pays the required filing fee.
Verified Answer
Your lawyer files a sworn Answer that includes a signed verification. Verified Answers are typically used in General Equity matters, especially when the plaintiff filed a verified complaint or when an Order to Show Cause sets an expedited schedule affecting real property or business operations.
Used correctly, either filing positions you to be heard on the merits and reduces the risk of a procedural loss, such as a default judgment.
If You Believe the Case Should Not Proceed as Filed
Problems with jurisdiction, service, or venue: The court may not have power over you, service may be defective, or the courthouse is the wrong place.
The pleading is legally defective: Even if the facts were true, the complaint does not state a valid claim under New Jersey civil procedure.
A contract or statute sends the dispute elsewhere: An arbitration clause or forum-selection clause controls.
In those situations, your lawyer will file targeted responses in the Superior Court:
Pre-answer motion to dismiss: Asks the court to end the legal action now for reasons like lack of personal jurisdiction, bad service, improper venue, or failure to state a claim. Filing this before an Answer preserves defenses and can pause the 35-day clock.
Motion for a more definite statement: Requests a clearer complaint when vague numbered paragraphs make it impossible to frame a proper written response.
Motion to compel arbitration: Enforces a binding arbitration clause and asks the court to stay or dismiss the case while the claim proceeds in the agreed forum.
These filings can prevent unnecessary filing fees and discovery, and they reduce the risk of litigating in the wrong forum. If the motion is denied, your lawyer will promptly file an Answer in the Law Division or Special Civil Part and assert affirmative defenses to avoid default judgment.
If Time Is the Problem
If you have good cause and need more time to file your Answer, your lawyer will first ask the plaintiff’s attorney for a short extension. If both sides agree, your attorney submits a Stipulation or Consent Order Extending Time to Answer to the court clerk in the Superior Court. The filing sets the new deadline and may involve a small fee.
If the other side will not consent, your lawyer can ask the judge directly by filing a Notice of Motion for Extension of Time to Answer, supported by a brief certification explaining the reason for the delay and a proposed order with a specific new date.
All of this must happen before the 35-day deadline. If the deadline has already passed and the clerk entered default, your lawyer may file a motion to vacate default and attach a proposed Answer with any affirmative defenses.
If Others Should Be In the Case
Counterclaim against the plaintiff
Filed with your written response, it asserts your claim back against the plaintiff on the same contract, invoice, or event. In debt collection lawsuits, defendants often counterclaim for defective goods or payments misapplied by a debt collector.
Crossclaim
If multiple defendants are named in the summons, a crossclaim lets one defendant seek contribution or indemnity from another based on their role in the transaction. Your lawyer pleads the facts in numbered paragraphs and serves all parties of record.
Third-party complaint
If someone outside the case may be responsible, your lawyer can implead that party for contribution or indemnity. The pleading is filed, the filing fees are paid, a new summons is issued, and service is made through the court clerk. This can prevent inconsistent results and wasted fees across separate civil cases.
Bringing all proper parties into one lawsuit can streamline discovery, protect rights to contribution, and reduce the risk of a premature default judgment against the wrong party.
Final Thoughts
We hope this article clarified the documents you received, what each one means, why a timely response matters, and how your goals shape the type of filing you choose. It is important to speak with a New Jersey civil litigation attorney as soon as you are served so you can make informed decisions about your next steps.
Are you wondering about any of the issues mentioned above? Please email us at info@staturelegal.law or call (732) 320-9831 for assistance.
At Stature Legal, we give business owners the clarity they need to fund, grow, protect, and sell their businesses. We are trustworthy business advisors keeping your business on TRACK: Trustworthy. Reliable. Available. Caring. Knowledgeable.®
FAQs
What Is My Exact Deadline to Respond to a Summons and Complaint?
Most New Jersey civil cases require a written response within 35 days of service. Small Claims uses a return date on the summons. General Equity matters with an Order to Show Cause can have shorter, specific deadlines.
What Happens if I Miss the Deadline to File a Response After Service?
The clerk can enter default. The plaintiff can then seek a default judgment and move to levy bank accounts, garnish receivables, or place a lien on property. If default is entered, we can move to vacate it and file a proposed Answer promptly.
Do I File an Answer or a Motion First?
If you want to be heard on the merits, file an Answer that admits, denies, or states lack of knowledge to each paragraph and states affirmative defenses. If there are threshold defects, consider a pre-answer motion to dismiss, a motion for a more definite statement, or a motion to compel arbitration.
How Do I Ask for More Time?
Your attorney can request consent from opposing counsel and file a stipulation or consent order extending time. If there is no consent, we file a motion for an extension before the deadline with a short certification explaining why more time is needed.