Summons and Complaint: What to Do When You Get Sued
If you’re here, there’s a good chance you or your business has just been served. Maybe it came by hand delivery, certified mail, or through a third party.
And now you’re holding a Summons and a Complaint, legal documents that likely feel confusing, overwhelming, or downright terrifying.
This is the first article in our litigation series where we help business owners understand:
What these court papers mean
What the deadlines are
How to take action without panic
Join us below:
What Is a Summons?
The first document you’ll likely receive is the Summons. This is the official notice from the court, not from the person suing you. It tells you that a lawsuit has been filed and that you are now part of a legal case. The court clerk issues this document, and it marks the formal start of the court process.
The reason it’s called a Summons is simple: it tells you that a lawsuit has been filed and that you are now subject to the authority of the court. It does not explain the claims against you, that’s the role of the Complaint. The Summons exists to notify you that you’re on the clock: the legal system requires a formal response within a specific number of days.
At this point, you’ve probably glanced through the Summons, but it’s worth taking a moment to understand what these court papers usually contain.
Here’s what a typical Summons will include:
The word “Summons” at the top: This signals that you’re holding the official court notice, not just any random document.
The name of the court: This tells you whether the case is in federal court, state court, or small claims court.
Case information: Including the case number and the names of both the plaintiff (the person suing) and the defendant (you or your business).
A formal notice that you are being sued: Usually written in clear language so there’s no confusion, a lawsuit has been filed, and you are now part of the case.
Instructions for what you must do next: Whether you need to file a written response (called an answer or motion) or appear in court on a specific trial date or hearing. If you’re a corporation or LLC, there’s often a reminder that you may need a lawyer to respond on your behalf.
The deadline to respond: The number of days you have to act before risking a default judgment.
The name and contact information for the plaintiff’s attorney: So you know who filed the claim and who you’ll be dealing with.
Court clerk or judge signature or seal: Confirming that this is a valid, authorized court document.
What Is a Complaint?
The next document you need to pay close attention to is the Complaint, often served together with the Summons. While the Summons comes from the court clerk and simply tells you that you’ve been sued, the Complaint is the first Pleading, and it comes from the plaintiff, the person filing the lawsuit against you.
A Pleading is the legal term for a formal written document filed with the court. It’s how the plaintiff’s case officially begins. This first Pleading, called the Complaint, lays out the plaintiff’s claims: who is suing, why, and what they want. It sets the foundation for the entire court case.
But this is just the beginning. The Complaint is the first of several pleadings that may follow. You will have the chance to respond with your own Pleading, called an Answer, and in some cases, you may also file a counterclaim or bring in other parties.
Here is what a typical Complaint includes:
Caption: Names the parties and the district court or state court where the case was filed.
Jurisdiction and Venue: Explains why this court has the authority to hear the case.
Parties: Lists the person suing (plaintiff) and the person being sued (defendant).
Statement of Facts: The story, who did what, when, where, and how.
Legal Claims: The specific laws or agreements the plaintiff claims were violated.
Prayer for Relief: The outcome the plaintiff is asking for, often money, a court order, or injunctive relief.
Signature Block: The plaintiff’s attorney signs and files the papers.
What Should You Do After Receiving a Summons and Complaint?
Now that you know what the Summons and Complaint are, the next question is the one every person or business owner asks: What should I do next?
The very first step is to calculate your deadline to respond. Your Summons will tell you exactly how many days you have to file your Answer or another legal response. Deadlines vary, but in many state courts, you may have 20 to 35 days to respond, and in federal court, the deadline is typically 21 days.
Missing that deadline could hand the other side a default judgment, meaning they win automatically, and you risk losing money, property, or even having your bank account targeted.
Next, preserve everything connected to the case. That includes emails, texts, receipts, photos, contracts, or letters. Even small details matter. Courts can penalize you for destroying evidence — even accidentally, so when in doubt, keep it.
Then, take a hard look at whether you can handle this on your own or if you need legal help. In some situations, especially with a small claims case, you may not need an attorney and can handle the matter yourself. But in state court or federal court, if you are a business, you’ll likely need an attorney to appear for you. Even if you’re an individual, talking to a lawyer early can save you from expensive mistakes.
Finally, understand your options to respond:
You can file an Answer denying or explaining the plaintiff’s claims.
You can file a Motion to Dismiss if the lawsuit is flawed or filed in the wrong court.
Or you can explore early negotiation or settlement, which sometimes makes business sense as it can save you not only time but court costs, even if you’ve done nothing wrong.
You may also have grounds to file a counterclaim if the plaintiff owes you money or caused harm in the same transaction.
Final Words
We hope this article gave you the clarity you need to understand the court papers in front of you. If you’re reading this because you or your business has been sued, you’re already taking the right first step: getting informed before you act.
Stick with us through this litigation series. Next up, we’ll help you understand the different players in a lawsuit and how they use pleadings to move the case forward.
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 Should I Do First When I Get Sued?
If you’ve just been sued, the first thing to do is check the deadline to respond. Your Summons and Complaint will tell you how many days you have to act before risking a default judgment. Next, save every related document and speak to a lawyer to help you decide how to move forward.
What Happens if I Miss the Deadline to Respond to a Lawsuit?
Missing your response deadline can lead to a default judgment, meaning the plaintiff may win automatically. This could result in a money judgment, a lien, or even seizure of your bank account. Even if you believe the plaintiff's claims are wrong, you must act before the court makes decisions without you.
Do I Need a Lawyer to Respond to a Lawsuit?
In most business lawsuits, especially in state court or district court, you will need a lawyer to respond properly. Failing to use the right legal process can trigger a default judgment or damage your defense. In small claims court, you may represent yourself, but legal advice is still smart if the stakes are high.
What if I Believe the Person Suing Me Is Actually the One Who Owes Me Money?
You can usually file a counterclaim if you believe the plaintiff owes you money or caused harm. It’s your chance to raise your side of the dispute inside the same court case. A lawyer can help you decide if that’s the right strategy or if early settlement makes more sense.
What Is a Default Judgment, and How Can I Avoid It?
A default judgment means the plaintiff gets a win by default because you didn’t respond in time. This can lead to a money judgment or even a lien against your bank account. To avoid it, know your deadline and file something — such as an Answer or Motion to Dismiss — before time runs out.
What Is the Difference Between a Summons and a Complaint?
A Summons is the official notice from the court telling you that you’re being sued. The Complaint is the document the plaintiff filed explaining what the lawsuit is about and what they’re asking for.