The short answer: If you are sued in California superior court, the summons requires you to file a written response with the court within 30 days after you are served (CCP § 412.20). Calling or writing to the other side does not count as a response. If you miss the deadline, the plaintiff can ask the court to enter your default. Once that happens, the court will no longer accept your answer, the case may be decided without you, and the judgment can lead to wage garnishment or a levy on your bank accounts. So the first thing to do when you receive a complaint is write down the date you were served. The second is to talk to a lawyer quickly.
This article covers civil cases in superior court. If what you received is a Small Claims notice, different rules apply; see Part 7.
1. When does the 30-day clock start?
The clock starts when service is complete. There are several ways to serve someone:
- Personal service: someone hands the papers directly to you. Service is complete that day.
- Substituted service: the papers are left with an adult at your home or business and a copy is also mailed to you. Here, service is usually complete later than the delivery date, generally on the 10th day after mailing (CCP § 415.20; this section will be replaced by a new version on January 1, 2027, so check the text in effect at that time). The exact date depends on the proof of service.
- Mail with acknowledgment of receipt: also a valid method. Service is complete on the date the defendant signs the acknowledgment (CCP § 415.30), assuming it is returned.
Our advice: on the day you receive the papers, photograph everything and note the date, time, who delivered them, and how. Later, have your lawyer compare that against the proof of service in the court file to confirm the real deadline. Also keep in mind that the plaintiff has 60 days after filing to complete service (California Rules of Court, Rule 3.110). By the time the papers reach you, the case may have been on file for a month or two.
In real life, the person served often isn't the defendant. A receptionist, family member, or coworker accepts the papers, sets them aside, and passes them along days later. That happens more than you'd think. So don't count from the day you first saw the papers. Go by the method and date shown on the proof of service. If you aren't sure which type of service applies to you, plan around the earliest possible date rather than gambling on the latest.
2. What are your options for responding within 30 days?
The California Courts Self-Help Guide lists the common responses, including an Answer, a General Denial, a Demurrer, a Motion to Strike, a motion to change venue, and a Motion to Quash Service of Summons. Which one fits depends on the case.
| Response | What it does | Keep in mind |
|---|---|---|
| Answer | Admits or denies each allegation in the complaint and raises defenses (such as the statute of limitations or payment) | There is an official "Answer—Contract" form (PLD-C-010). Filing an answer may waive some procedural objections |
| Demurrer | Argues that even if the facts alleged are true, the complaint fails legally or is defective | The defendant has 30 days to file one (CCP § 430.40) |
| Motion to quash service | Argues service was improper, so the court lacks jurisdiction over you | Strict timing and procedural requirements; a lawyer should handle it |
| Extension | Both sides agree in writing to extend the response deadline by 15 days | No court approval needed (Rule 3.110) |
One point bears repeating: these are all "responses," but choosing the wrong one can cost you certain rights. The Self-Help Guide itself warns that filing an answer may waive objections to jurisdiction or to the sufficiency of the complaint. That is why we recommend getting a lawyer involved early instead of filling out a form on your own.
Here is the difference in plain terms. An answer responds to the facts: "Here is what I admit and what I deny." A demurrer sets the facts aside and says, "Even if everything you allege were true, it doesn't add up to a legal claim." The first suits cases where the facts are disputed; the second suits cases where the complaint itself is badly drafted. Whether either one is available, and which is the better choice, depends on how the complaint is written. The most useful thing you can do once you have the papers is give every page to a lawyer.
3. How much does it cost to respond?
Defendants pay a fee on their first filing too. Under the statewide fee schedule effective January 1, 2026, a defendant's first paper in an unlimited civil case (over $35,000) costs $435. In a limited civil case, it's $225 for amounts of $10,000 or less and $370 for amounts between $10,000 and $35,000. Some counties add surcharges, so confirm the amount with your county's court. If you can't afford the fee, you can ask the court for a fee waiver.
In other words, being sued costs money on its own: on top of court fees, there are usually attorney's fees. Knowing that up front lets you plan within the 30 days instead of discovering in the last few days that the cash isn't there.
4. How should you use the 30 days?
| When | What to do |
|---|---|
| Day 1 | Note when you received the papers; photograph everything (summons, complaint, attachments, proof of service); keep the envelope |
| Days 1–3 | Start preserving evidence: contracts, emails, WeChat and text messages, payment records, photos. Don't delete any related messages, even ones that hurt you |
| Days 1–5 | Check whether any insurance might cover the claim (for example, commercial liability coverage) and notify the carrier promptly if so; find any arbitration or choice-of-law clause in the contract |
| Days 3–10 | Consult a lawyer and decide how to respond. You can also contact the plaintiff's lawyer about a written 15-day extension |
| Days 10–25 | Draft and review the answer or other response; consider whether you have a cross-complaint |
| Days 25–30 | File with the court and serve the other side as required; keep a court-stamped copy |
Don't wait until the last day to file. E-filing systems go down now and then, and filing cutoff times vary by county.
The idea behind this checklist is to break the 30 days into stages, each with one job. Spend the first few days securing things: photos of the papers, preserved evidence, no deleted messages. Use the middle stretch to find a lawyer and choose a strategy. Save the last few days for drafting, review, and filing. If it takes longer than expected to retain a lawyer, the later stages have to shrink accordingly.
A note on cross-complaints
If you have your own claim against the plaintiff, for example that they breached first or owe you a refund, you usually need to raise it in a cross-complaint at the same time as your response or within the time the rules allow. A claim arising from the same transaction or occurrence as the plaintiff's claim is generally a "compulsory cross-complaint" (CCP § 426.30), and if you don't bring it, you may lose the right to raise it later. Whether this applies to your case is a question for your lawyer.
5. What happens if you don't respond?
The summons spells it out: if you don't respond on time, the plaintiff can seek a default judgment and may then garnish your wages or take your property. Procedurally, under Rule 3.110, the plaintiff should request entry of default within 10 days after the response deadline passes, and then seek a default judgment within 45 days after that. The California Courts Self-Help Guide explains that once the plaintiff obtains a default, the court will not accept the defendant's answer. If the 30 days have passed but the plaintiff hasn't yet requested a default, you can generally still file an answer; check with the court clerk first to see whether a default has been entered.
Already in default? There may still be a way out
There is a remedy: ask the court to set aside the default or default judgment. Under CCP § 473(b), if the default resulted from "mistake, inadvertence, surprise, or excusable neglect," you must apply within a reasonable time and no later than 6 months after the judgment, and you must attach the answer you intend to file. Courts generally prefer to decide cases on the merits, but success depends on how strong your explanation is, so don't count on it. If the default was caused by your attorney's mistake or neglect and the motion includes the attorney's sworn declaration, the court must set it aside (CCP § 473(b); this section will be replaced by a new version on January 1, 2027, so check the text in effect at that time). Move as quickly as you can. Don't wait until month 6.
The preparation is harder than the deadline itself. You need a specific, believable explanation of why you missed the deadline, and you need to attach your proposed answer so the court can see you have a real defense.
6. How is a typical contract-payment lawsuit handled?
This is a common scenario, not a specific client. A business owner is at their store when a process server hands them a stack of papers: a supplier is suing for $80,000 in unpaid invoices. The owner assumes it's a collection letter, sets it aside, and only notices weeks later that the summons says 30 days.
In a situation like this, if the client reaches a lawyer before the deadline, the lawyer will first confirm the service date, then check whether the contract has an arbitration clause, whether the statute of limitations has run, and whether the plaintiff's numbers hold up. From there, the lawyer decides whether to file an answer, file a demurrer first, or talk to the plaintiff's lawyer about an extension. If the deadline has already passed, the first step is to check whether a default has been entered, and then look at the options for relief. We cannot guarantee any outcome.
7. What if you received a Small Claims notice?
- Small Claims court doesn't require a written answer within 30 days. The defendant mainly shows up on the hearing date to tell their side and present evidence.
- You must be served at least 15 days before the hearing (if you're in the same county) or 20 days before (if you're outside the county) (CCP § 116.340).
- The hearing is set 20 to 70 days after the court issues the order (CCP § 116.330).
- Lawyers can't represent you at the hearing, but they can advise you beforehand.
- If you lose, as the defendant you can appeal within 30 days. The appeal fee is $75.
No written answer doesn't mean you can take it lightly. Before the hearing, put your evidence in date order and bring originals plus copies. That works much better than scrolling through your phone in the courtroom.
8. Frequently asked questions
1. The complaint is in English and I can't read it. Can I wait?
No. The language doesn't change the deadline. The summons form (SUM-100) is available in several languages, including Simplified Chinese, for reference, but anything you file with the court must be in English. Get help right away from someone who reads English and understands the law, or from a lawyer. Photographing every page the same day and sending it to a lawyer is the fastest first step.
2. I've already talked with the other side by phone or WeChat. Do I still need to respond?
Yes. The summons states plainly that a letter or phone call will not protect you. You can negotiate at the same time, but the response deadline keeps running unless both sides agree in writing to extend it.
3. Can I ask the other side for more time?
Yes. Under Rule 3.110, the parties can agree in writing to extend the response deadline by another 15 days without court approval. Anything longer usually requires court approval or some other arrangement. Don't rely on a verbal agreement; get it in writing. An email or written confirmation is far more reliable than "no problem" over the phone.
4. I think service was improper. Can I just ignore it?
We don't recommend it. A challenge to service should go through the formal process, such as a motion to quash. If you simply ignore the papers, you may end up in default, and fixing that is much harder.
5. What if I can't afford a lawyer?
You can ask the court for a fee waiver and look into your county court's Self-Help Center and local legal aid organizations. Keep in mind they provide information and assistance, not full representation. Whatever you do, don't miss the 30-day deadline.
Main sources
- California Code of Civil Procedure §§ 412.20, 415.20, 415.30, 426.30, 430.40, 473(b), 116.330, 116.340 (leginfo.legislature.ca.gov)
- California Rules of Court, Rule 3.110
- California Courts Self-Help Guide, Respond to a debt lawsuit
- Summons (SUM-100)
- Small Claims Self-Help
- California Courts, Statewide Civil Fee Schedule (effective January 1, 2026)
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