I was served with a lawsuit in California: how long do I have to respond?

Being served with a lawsuit is unsettling, but the first steps are simple and the deadline is the most important one. This page is about the first 30 days: how the deadline is counted, what a response can be, and what happens if nothing is filed. Our civil litigation page explains how a case moves from pleadings to trial. For the later stages, our article on the civil litigation process walks through what comes after the response.

What should I do after being served, step by step?

1. Write down the date and how you were served. Handed to you, left with someone and mailed, mailed with an acknowledgment form, or mailed to you outside California: each starts the clock differently.
2. Identify the case. The summons names the court and the parties (Code of Civil Procedure section 412.20(a)). Check whether it is an eviction case, which has a much shorter deadline.
3. Calendar the deadline. Thirty days for most civil cases. If the last day falls on a Saturday or a holiday, the deadline moves to the next day that is not one (section 12a).
4. Decide on the response. An answer, a demurrer objecting to the complaint itself, or a motion to quash service if the court lacks jurisdiction over you, as the table below explains.
5. Ask for more time if you need it, in writing. In most civil cases the parties may agree without a court order to one 15-day extension beyond the 30 days (California Rules of Court, rule 3.110(d)).
6. File the response with the court and serve it on the other side. Calling the plaintiff or its lawyer is not a response.
7. Keep moving. Once the time runs out, the rules require the plaintiff to request a default within 10 days (rule 3.110(g)).

What does the summons tell me?

California requires every summons to carry certain warnings (Code of Civil Procedure section 412.20(a)). It must direct the defendant to file a written response with the court within 30 days after the summons is served, and warn that if the defendant does not respond, a default can be entered and the plaintiff can ask the court for the relief in the complaint, which could result in garnishment of wages, taking of money or property, or other relief. It must also say, in bold type, that you may seek the advice of an attorney, who should be consulted promptly. The top of the summons must say, in English and Spanish: "Notice! You have been sued. The court may decide against you without your being heard unless you respond within 30 days."

How is the 30-day deadline counted?

Two more details. In an eviction case, a tenant served by mail or in person through the Secretary of State's address confidentiality program gets five more court days (section 1167(b)). And starting January 1, 2027, the substituted service rules change: a party will show the reasonable diligence needed for substituted service by attempting personal delivery on at least three occasions, on three different days, at three different times (the version of section 415.20 that becomes operative that day).

Write the date and the manner of service on the first page of the papers the day you receive them, and count the deadline from there. If you are unsure how service was made, get advice instead of guessing.

What are my options for responding?

A motion to quash has its own rules. Filing it extends your time to plead until 15 days after notice of an order denying it, and no default may be entered before your time to plead expires (section 418.10(b), (d)). But if you file a demurrer or motion to strike without raising lack of personal jurisdiction or defective service at the same time, those objections are waived (section 418.10(e)(3)).

What happens if I do not respond in time?

The plaintiff can ask the clerk or the court to enter your default, and then ask for a judgment for what the complaint demands. The Rules of Court push this along: the plaintiff must request entry of default within 10 days after the time to respond has passed, and must obtain a default judgment within 45 days after the default is entered unless the court extends the time (rule 3.110(g), (h)). As the summons itself warns, a judgment can lead to wage garnishment or the taking of money or property. The California Courts self-help guide cautions that in a civil case any mistake, even a small one, can mean you lose or, in some situations, have to pay the other side's lawyers' fees and costs. A default is far harder to undo than a deadline is to meet.

Which court is my case in?

The case number and caption tell you. Civil cases in California Superior Court are divided by the amount at stake: limited civil cases are for $35,000 or less (Code of Civil Procedure section 85), and unlimited civil cases are for more. Small claims cases, for $12,500 or less for an individual and $6,250 for a business, have their own procedure and no lawyers at the hearing; we compare the options on our page about small claims or a lawyer for a dispute in Los Angeles County. If your case was filed downtown, our guide to a civil case at the Stanley Mosk Courthouse explains what to expect there.

What changes the answer?

How you were served

Personal delivery starts the 30 days at once; substituted service and out-of-state mail add 10 days first; mail with an acknowledgment counts only from the date you sign it (sections 415.20, 415.30, 415.40). If the plaintiff could not find you, a court may allow service by publication in a newspaper (section 415.50).

Whether it is an eviction case

An unlawful detainer has 10 days, excluding weekends and court holidays (section 1167), and the 15-day agreed extension in rule 3.110 does not apply to unlawful detainer actions (rule 3.110(a)). If the dispute is about a rental deposit instead, our guide to California's security deposit rules explains what each side must do.

Whether it is a collections case

Rule 3.110 also does not apply to collections cases under rule 3.740(a), so do not assume the agreed 15-day extension is available in a debt collection lawsuit.

Whether service or the court is wrong

If you were not properly served or the court has no jurisdiction over you, a motion to quash under section 418.10 is the tool, and it must be raised on time or with your first challenge to the complaint.

What the dispute is about

Contract and business cases often turn on the documents. Our article on protecting your business with strong contracts explains the terms that tend to matter. If a former employer has sued you over a noncompete, read whether a noncompete is enforceable in California before you respond.

A worked example

For example, imagine a hypothetical owner of a small Glendale printing shop who comes home on Monday, March 2 to find that a process server left a summons and complaint with her adult son, and that a copy arrives by mail on Wednesday. The complaint, filed by a supplier, claims about $28,000 for unpaid invoices.

Because the papers were left with her son and then mailed, service is complete on the 10th day after the mailing, and her 30 days run from that date. The amount places the case in limited civil. She writes down the dates, finds the invoices and her emails about defective orders, and contacts a lawyer the same week. The lawyer asks the supplier's counsel in writing for the 15-day extension allowed by rule 3.110(d) while preparing an answer. None of this predicts who will win; it keeps her from losing by default.

Common mistakes after being served

• Counting from the wrong day. With substituted service, the 30 days start only after the 10-day period following the mailing.
• Treating a phone call as a response. The summons requires a written response filed with the court.
• Relying on a spoken extension. Get any agreed extension in writing, and remember only one 15-day extension is allowed without a court order.
• Waiving a service objection. Filing a demurrer without raising defective service at the same time gives up that objection.
• Assuming an eviction case works the same way. It has 10 court days, not 30 calendar days.
• Ignoring papers that seem wrong. A lawsuit you think is baseless can still end in a default judgment.

What should I do this week?

1. Calendar the deadline using the date and the method of service, as explained above.
2. Read every page you received: the summons, the complaint and any notice of a case management conference or hearing date.
3. Gather your documents: contracts, invoices, letters, emails and texts related to the dispute, and keep them organized.
4. Do not contact the other side about the case before getting advice; what you say can become evidence.
5. Talk to a lawyer early, so there is time to review the complaint and prepare the right response. Our list of questions to ask before hiring an attorney can help you choose.

Frequently asked questions

Do weekends count in the 30 days?

Yes, the 30 days are calendar days in most civil cases. If the last day falls on a Saturday or a holiday, the deadline moves to the next day that is not one (Code of Civil Procedure section 12a). Eviction cases are different: weekends and court holidays are not counted in the 10 days.

Can I get more time to respond?

In most civil cases the parties may agree in writing to one 15-day extension without asking the court (rule 3.110(d)). Beyond that, the court can extend the time on application (rule 3.110(e)).

What if I was never properly served?

You can challenge service with a motion to quash under section 418.10, filed on or before the last day to respond. Raise it with any demurrer or motion to strike, or the objection is waived.

What if the papers came by mail with a form to sign?

That is service by mail with an acknowledgment. Service is complete on the date you sign the acknowledgment, if it is returned (section 415.30(c)). If you do not return it within 20 days, you can be ordered to pay the reasonable cost of serving you another way (section 415.30(d)).

My business was sued. Does it need a lawyer?

Outside small claims, the rules and deadlines are the same for businesses, and the self-help guide warns that small mistakes can be costly. Our business law page describes the disputes we help businesses with.

How can Glendale Law help?

We review the complaint and the service, confirm the deadline, and prepare and file the response, whether that means answering the claims, raising defenses or bringing claims of our own. When a dispute can be resolved without a long fight, we look for that too. Call (818) 244-9000 or request a consultation.