You've been served. What the next 20 days look like
You usually have 20 or 30 days to respond. Here is what happens in each week, and what to do first.
Elena Marlowe
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5 min read
What being served means
Being served means someone has started a lawsuit against you and the court's clock is running. You usually have 20 or 30 days to respond.
Miss it and you can lose by default, without anyone ever hearing your side.
The next 20 days
01
Day 1: Note the deadline
Find the date you must respond by, and put it in three calendars.
02
Day 2: Gather your documents
The contract, the emails and anything the complaint mentions.
03
Days 3 to 5: Speak to a lawyer
A first call is free. Most responses need a few days to prepare.
04
Days 6 to 15: Decide your response
An answer, a motion to dismiss, or an agreed extension.
05
Days 16 to 20: File
Your response is filed and served before the deadline.
The first twenty days decide more than most people expect.
What not to do
Four reactions that make things worse:
Ignoring it and hoping it goes away.
Calling the other side to explain.
Posting about it online or telling customers.
Deleting emails or files that might be relevant.
If you were served today
Don't reply the same day
Anything you write back can be used later. Note the deadline, then send the papers to a lawyer before you respond to anyone.
Staying calm in the first 48 hours protects your options for the rest of the case.
What happens next
Many served cases settle or narrow quickly once the right response is filed. A written assessment tells you what you're facing and what it should cost.
WRITTEN BY
Elena Marlowe
Commercial litigator in New York since 2013. I run a one-lawyer practice and write these to answer the questions I hear on first calls.
This article is general information, not legal advice about your situation. Reading it doesn’t create an attorney–client relationship.
KEY TAKEAWAYS
Note your response deadline today
Don't contact the other side directly
Call a lawyer in the first week
Related reading
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I read every enquiry myself and reply within one business day, usually sooner. If a court deadline is close, call instead of writing.
Contacting me does not create an attorney–client relationship.