When you are sued in California, you usually have 30 calendar days after service to file a written response with the court. Missing that deadline allows the plaintiff to seek a default judgment against you, often for the full amount demanded. The first month after service is when you make the most important decisions, including how to respond, whether to raise defenses or counterclaims, and whether insurance may cover your defense.
Being sued is unsettling, especially if you did not see it coming. A process server hands you a stack of papers, and suddenly a deadline is running. The good news is that the steps are predictable. Knowing what to do in the first few days and weeks puts you in control of the process instead of reacting to it.
California divides civil cases by amount. Limited civil cases involve $35,000 or less, while unlimited civil cases involve more than $35,000. Small claims cases, which involve $12,500 or less for most individuals, follow different rules and do not require a written answer.
These deadlines do not pause while you look for a lawyer, negotiate with the other side, or wait for insurance to respond. If you are unsure of your deadline, count from the earliest possible date until an attorney confirms otherwise.
That is why the first response matters so much. A strong early response can reduce the claims you face, improve your settlement position, and in some cases end the lawsuit without a trial.
Our California civil litigation team defends individuals and businesses in contract, real estate, business, and personal disputes throughout the state.
Just been sued? Wade Litigation can review your summons and complaint, confirm your deadline, and explain your options. Call 866-925-4552 to schedule a case evaluation.
What the Papers Mean When You Are Sued
Most civil lawsuits in California begin with two main documents. The summons is a court form that tells you that you have been sued and how long you have to respond. The complaint explains who is suing you, what they claim you did, and what they want. You may also receive a Civil Case Cover Sheet, a notice of case assignment, or a notice of a case management conference. These papers tell you which judge has the case and when the first court date is scheduled. Keep everything together, and write down the date and time you were served.| Document | What It Tells You | Why It Matters |
|---|---|---|
| Summons (SUM-100) | That you are being sued and your response deadline | Sets the 30-day clock in most cases |
| Complaint | The claims against you and the relief requested | Determines your defenses and response strategy |
| Civil Case Cover Sheet | The type of case and whether it is complex | Signals limited or unlimited civil jurisdiction |
| Notice of Case Management Conference | Your first scheduled court date | Missing it can lead to sanctions |
Can You Avoid Being Sued by Refusing the Papers?
Many people wonder whether avoiding the process server will make the lawsuit go away. It will not. If a server identifies you and you refuse to take the papers, the server can generally leave them in your presence, and service is still effective. Avoiding service also gives the plaintiff other options. Under California law, papers can be left with a competent adult at your home or business and then mailed to you, which is called substituted service. In some situations, a court may allow service by publication. Evasion rarely helps and can make a judge less sympathetic later.Your Response Clock
Under Code of Civil Procedure section 412.20, the summons gives you 30 calendar days after service to file a response. The method of service changes when the clock starts. Substituted service is generally complete 10 days after mailing, so the practical deadline is about 40 days. Eviction cases are much faster, with only 10 court days to respond.
These deadlines do not pause while you look for a lawyer, negotiate with the other side, or wait for insurance to respond. If you are unsure of your deadline, count from the earliest possible date until an attorney confirms otherwise.
What to Do in the First Week After Being Sued
The first several days after service are about protecting yourself and gathering information. Taking these steps early gives your attorney the most room to work.- Calendar the deadline. Write down the date of service and count 30 days, or less in an eviction case.
- Do not contact the plaintiff. Avoid calls, emails, texts, and social media posts about the dispute. Anything you say can become evidence.
- Preserve evidence. Keep emails, contracts, invoices, photos, and texts related to the dispute. Deleting relevant material after a lawsuit is filed can lead to serious court sanctions.
- Check your insurance. Homeowners, renters, auto, business, and professional liability policies sometimes provide a defense. Most policies require prompt notice, so report the lawsuit to your carrier right away.
- Speak with a litigation attorney. An attorney can review the complaint, confirm the deadline, and identify defenses before the response is due.
How to Respond When You Are Sued in California
California offers several types of responses. Choosing the right one can narrow the case, eliminate weak claims early, or preserve defenses that would otherwise be lost.Answer
An answer responds to each allegation in the complaint and lists your affirmative defenses. If the complaint is not verified, or the case is a limited civil case, California generally allows a general denial of the allegations. A verified complaint requires more specific responses. Defenses that are not raised in the answer can be waived.Demurrer
A demurrer argues that the complaint fails to state a valid legal claim, even if every fact alleged is true. Before filing one, the defendant must meet and confer with the plaintiff at least five days before the response is due. A successful demurrer can force the plaintiff to amend the complaint or end some claims entirely.Motion to Strike
A motion to strike asks the court to remove improper or irrelevant parts of a complaint, such as an unsupported request for punitive damages. It is often filed alongside a demurrer.Motion to Quash Service
If you were not properly served, or the California court lacks personal jurisdiction over you, a motion to quash under section 418.10 challenges the service itself. Filing an answer first can waive that objection, so timing matters.Anti-SLAPP Special Motion to Strike
When a lawsuit targets protected speech or petitioning activity, such as statements made in a public forum or in connection with a court case, California’s anti-SLAPP statute allows a special motion to strike. It generally must be filed within 60 days of service and can result in an award of attorney fees to the defendant.Cross-Complaint
If you have your own claims against the plaintiff that arise from the same events, California generally requires you to raise them in a cross-complaint. Failing to do so can bar those claims later. You can also bring in other parties who share responsibility. For a broader look at the stages that follow your first response, including discovery and mediation, see our step-by-step guide to what to do when a lawsuit is filed against you.What Happens If You Ignore Being Sued
Ignoring a lawsuit is the most expensive choice a defendant can make. Once the response deadline passes, the plaintiff can request entry of default. A defendant in default generally cannot file papers, present evidence, or contest the amount claimed. The plaintiff can then obtain a default judgment, which can be enforced through wage garnishment, bank levies, and liens on real property. A judgment can also appear in background and credit checks. There are limited paths back. Under Code of Civil Procedure section 473(b), a court may set aside a default for mistake, inadvertence, surprise, or excusable neglect if the motion is filed within a reasonable time and no later than six months. Relief is never guaranteed, and the motion is far harder to win than a timely response.Being Sued Rarely Means Going to Trial
Being sued does not mean you are headed for a courtroom trial. Statewide court data shows that the large majority of civil cases are resolved earlier, through dismissal, settlement, summary judgment, or other rulings.
That is why the first response matters so much. A strong early response can reduce the claims you face, improve your settlement position, and in some cases end the lawsuit without a trial.
Our California civil litigation team defends individuals and businesses in contract, real estate, business, and personal disputes throughout the state.
Just been sued? Wade Litigation can review your summons and complaint, confirm your deadline, and explain your options. Call 866-925-4552 to schedule a case evaluation.
Frequently Asked Questions About Being Sued in California
Can you refuse to be served papers in California?
Refusing to take the papers does not stop service. If a process server identifies you and you refuse to accept them, the server can generally leave the papers near you and service is still valid. Avoiding a server also tends to lead to substituted service or service by publication, and the lawsuit continues either way.How long do I have to respond to a lawsuit in California?
For most civil lawsuits, you have 30 calendar days after you are personally served. Substituted service and service by mail add time, and eviction cases require a response within 10 court days. The deadline is printed on the summons, so read it carefully.What happens if I ignore a lawsuit in California?
After the response deadline passes, the plaintiff can ask the clerk to enter your default. Once default is entered, you generally cannot file papers or defend the case, and the court can enter a default judgment that may lead to wage garnishment, bank levies, or liens on property.Can I get more time to respond to a lawsuit?
Yes. Under California Rules of Court, rule 3.110(d), the parties can agree to one 15-day extension without asking the court. Further extensions require another agreement or a court order. Any extension should be confirmed in writing.Do I have to file an answer, or are there other options?
An answer is the most common response, but California also allows a demurrer, a motion to strike, a motion to quash service, and in some cases an anti-SLAPP special motion to strike. The right choice depends on the complaint, how you were served, and your goals.Can I be sued in California if I live in another state?
Yes, if you have enough connection to California, such as doing business in the state, owning property here, or being involved in events that happened here. If the connection is too weak, a motion to quash service may challenge the court’s jurisdiction, but it must be filed before or with your first response.Should I contact the person suing me?
Generally, no. Anything you say or write can be used as evidence. Communication about the lawsuit is usually best handled through your attorney, especially if the plaintiff already has a lawyer.What Happens When You Call Wade Litigation
When you call 866-925-4552, our team will ask when and how you were served, which court the case was filed in, who is suing you, and what the complaint claims. We will schedule a case evaluation with an attorney, who will confirm your response deadline, review the possible responses and defenses, and explain the next steps.Talk to a Lawyer as Soon as You Are Sued
A lawsuit is serious, but it is manageable when you act early. The 30 days after service are your best opportunity to shape the case, and they pass quickly. Call Wade Litigation at 866-925-4552 to schedule a case evaluation.Representing
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