What Happens If You Ignore a Lawsuit?

Being served with a lawsuit can feel overwhelming, but ignoring it usually does not make the problem go away. In fact, failing to respond can allow the other side to move forward without your participation.

In California civil cases, a defendant generally has 30 days after being personally served with a Summons and Complaint to file a response with the court. Different deadlines may apply depending on how service was completed.

The Plaintiff May Request a Default

If you do not respond by the deadline, the plaintiff can ask the court to enter a default against you.

A default generally prevents you from filing a normal response and allows the plaintiff to ask the judge to decide the case without hearing your side. A default and a default judgment are separate steps, but together they can lead to a final court order against you.

This means you may lose the opportunity to present defenses, dispute allegations, introduce evidence, or challenge the amount the plaintiff claims you owe.

A Default Judgment Can Have Financial Consequences

If the court enters a monetary judgment against you, the plaintiff may be able to take additional legal steps to collect it.

Depending on the circumstances, collection efforts may include wage garnishment, taking funds from a bank account, or placing a lien on property.

Ignoring the original lawsuit therefore can turn into a much larger problem once a judgment has been entered.

Can You Fix the Situation After a Default?

Sometimes.

California courts may allow a defendant to ask that a default or default judgment be set aside in certain circumstances. For example, there may be options if you were never properly served or if there was a legally sufficient reason you could not respond.

However, setting aside a judgment can be complicated, and strict deadlines may apply. Even when a judgment is set aside, that does not mean the lawsuit disappears. It usually means the case can proceed and you will have an opportunity to defend yourself.

Do Not Assume the Lawsuit Will Go Away

Receiving legal papers does not necessarily mean the allegations against you are correct or that the plaintiff will ultimately win. But failing to respond can significantly limit your ability to defend yourself.

If you have been served with a lawsuit, review the documents carefully and pay close attention to the response deadline. Speaking with an attorney as early as possible can help you understand your options and determine the best way to respond.

This article provides general information and is not legal advice. Deadlines and procedures may vary depending on the type of case and how you were served.

Need legal help? In California, navigating legal challenges, whether they involve personal injury, workers’ compensation, criminal defense or civil litigation, can be overwhelming. Khoury Law Group is here to provide the critical legal support you need. As a leading advocate for individuals facing legal battles, our experienced attorneys understand the complexities of the legal system and are committed to fighting for your best interests. With personalized legal strategies and compassionate support, we are dedicated to achieving the justice and compensation you deserve.

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