Courts, Lawsuits & Small Claims · Bringing or answering a case
Responding to a civil lawsuit
In this guide
- A person who is sued generally has 30 calendar days after personal service to file a written response.
- Judicial Council Answer forms exist for contract, injury, and property cases.
- Missing the response period can lead to a default judgment.
The papers
A civil lawsuit begins with a Summons and Complaint. The Summons shows the court and the time to respond. The Complaint lists what the plaintiff claims and asks for.
Kinds of responses
- Answer: responds to the claims and lists defenses. Judicial Council forms include PLD-C-010 (contract) and PLD-PI-003 (personal injury, property damage, wrongful death).
- General Denial (PLD-050): available in many limited civil cases.
- Motions, such as a demurrer, challenge the Complaint’s legal sufficiency.
- Cross-complaint: the defendant’s own claims against the plaintiff or others.
A response is filed with the court, a copy is served on the plaintiff, and a filing fee applies unless waived.
Time frames (California Courts)
- Response after personal service: generally 30 calendar days
- Other service methods add time, as the court’s page explains.
After a response
Cases move through a case management stage, the exchange of information (discovery), possible settlement discussions or mediation, and a trial if the case does not resolve.
If no response is filed
The plaintiff can ask the court for a default judgment. Setting aside a default is sometimes possible but involves its own requirements and time limits.
Official sources for this guide
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