Resources · If you are sued
If You Are Sued
You have a deadline. Here's how long, and what happens if you miss it.
Resources · If you are sued
You have a deadline. Here's how long, and what happens if you miss it.
Don't ignore it. In a regular lawsuit you generally have 30 days in California and 21 in Nevada to respond in writing. In small claims you generally just show up with your proof.
The first page tells you. Small claims works very differently from a regular lawsuit, and an eviction is faster still. See Eviction Deadlines.
You have 30 days after service to file a written response. If you don't, the other side can win by default, which can lead to garnished wages or taken property. You can ask for a fee waiver with form FW-001. Asking to undo a default for mistake or excusable neglect has a limit of six months.
You have 21 days after service to file an answer, in justice or district court. Your summons may show another time in some cases, so read it. If you don't answer, the clerk can enter default. You can ask for a fee waiver by applying to proceed as an indigent litigant, which pauses your time to answer until it's decided. Motions to undo a default generally have a six-month limit.
No written answer is required. Bring witnesses and evidence to the hearing. To sue back, file form SC-120 and serve it at least 5 days before the hearing, or 1 day if you were served 10 days or less before it.
No written answer is required, though Reno says an optional one has no fee. A counterclaim may be filed within 21 days of service. Mediation may be required first, depending on the court.
See Free Help, or a Lawyer?. If you're close to a deadline, a lawyer's consultation can be worth it.
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General information to help you get organized, last checked November 1, 2026. It isn't legal advice, and SueYou isn't a law firm. Laws change and every case is different, so confirm anything important with a lawyer or the court. No lawyer has reviewed this page yet.