You've Been Served Papers. What Now?

Someone just handed you an envelope and said "you've been served." It is normal to feel stressed. The most important thing to know is this: papers usually come with a deadline, and doing nothing is almost always the worst choice.

This guide explains what being served means, what to do in the first few days, and what to avoid.

What does it mean to be served?

Being served means you have been formally given court papers. The law treats you as officially notified about a legal matter that involves you.

It does not mean you have lost anything, and it does not mean you did something wrong. It means someone has started a legal process, and you now have the chance to respond.

What kind of papers did I get?

Look at the top of the first page. Common types include:

• Summons and complaint. You are being sued. The complaint explains what the other side claims.
• Petition. Often used in family cases, such as divorce, custody or support.
• Subpoena. You are being ordered to appear somewhere (such as a deposition or hearing) or to produce documents. You may not be a party to the case at all.
• Eviction papers. A landlord has started a case to remove a tenant. These cases often move very quickly.
• Protective order or injunction. A court order that may require you to stay away from someone or stop certain conduct. These can take effect immediately.

The papers should name the court, the case number, the people involved, and what you are expected to do.

How long do I have to respond?

Read the summons carefully. It usually states how many days you have to respond and how. Response times depend on the court, the type of case, and sometimes how you were served. Some deadlines are a few weeks. Some, like eviction cases, can be just a few days. In federal court, the general deadline to answer a complaint is 21 days after being served, but state courts set their own rules.

Write down the date you were served and the deadline. If you are not sure how to count the days, ask the court clerk or a lawyer. Clerks cannot give legal advice, but they can often explain procedures and deadlines.

What happens if I ignore court papers?

If you do not respond in time, the other side can usually ask the court for a default judgment. That means the court may decide the case without hearing from you, and the other side may get what they asked for.

Depending on the case, a default judgment can lead to wage garnishment, a bank levy, a lien on property, an eviction, or orders about children and support. Undoing a default is often possible only in limited situations, and it is harder and more expensive than responding on time.

What should I do first?

1. Stay calm and keep the papers. Do not throw them away, even if you think they are a mistake.
2. Note the date and time you received them, and how (handed to you, left with someone at your home, and so on).
3. Read every page. Look for the deadline, the court, the case number and any hearing date.
4. Talk to a lawyer as soon as you can. A lawyer can tell you your options, including whether service was done correctly and how to respond.
5. If you cannot afford a lawyer, look for legal aid, a court self-help center, or a lawyer referral service through your state or local bar association. Many courts offer forms and guides for people representing themselves.
6. Calendar every date. Response deadlines, hearings and appearances.

What should I not do after being served?

• Do not ignore it. Silence usually helps the other side.
• Do not argue with or threaten the process server. They are only delivering papers. They do not decide anything about your case and cannot help you with it.
• Do not contact the other side in anger. What you say or write can be used in the case. If there is a protective order, contact may be illegal.
• Do not hide or move money or property to avoid a judgment. That can create serious new problems.
• Do not assume a phone call or email counts as a response. A response usually has to be filed with the court in the correct form.
• Do not destroy documents, messages or other records that could relate to the case.

What if I think I was not served correctly?

Maybe the papers went to the wrong person, were left somewhere odd, or name someone else. Improper service can matter, but it is a legal question with its own deadlines and procedures. Raise it with a lawyer quickly. Do not simply ignore the papers on the theory that service was bad. If you are wrong, you could face a default.

Is the paper real or a scam?

Scammers sometimes pretend to be from a court, a law firm or a "process server" to pressure people into paying. Warning signs include demands for immediate payment over the phone, payment by gift card or wire, and threats of arrest for an unpaid debt.

To check, do not use the phone number in a suspicious message. Look up the court yourself and call the clerk with the case number. Real court papers can be confirmed through the court.

Frequently asked questions

Can I refuse to accept the papers? Refusing usually does not stop service. In many places a server can leave the papers with you or near you once you have been identified and told what they are.

The papers were left with my roommate or spouse. Does that count? In many courts, leaving papers with another adult who lives at your home is a valid method. Treat the papers as if you received them yourself, and talk to a lawyer about your deadline.

Do I have to go to court right away? Not always. Some papers require a written response first. Others list a hearing date you must attend. Read the papers and confirm with the court or a lawyer.

Can the process server tell me about the case? No. Servers deliver papers and document the delivery. Questions about the case go to a lawyer or the court.

This is general information, not legal advice. If you have been served, speak with a licensed attorney in your state.