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If You Are Sued

You have a deadline. Here's how long, and what happens if you miss it.

Last checked November 1, 2026 · 4 minute read

The short answer

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.

First, which kind of case is it?

The first page tells you. Small claims works very differently from a regular lawsuit, and an eviction is faster still. See Eviction Deadlines.

A regular lawsuit

California

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.

Nevada

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.

Small claims

California

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.

Nevada

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.

Get help fast

See Free Help, or a Lawyer?. If you're close to a deadline, a lawyer's consultation can be worth it.

Keep going

Getting helpFree Help, or a Lawyer?Where to get free help, and when paying a lawyer is worth it.Small claimsWhat to Do on Court DayWhat to bring, how to present your case, and what happens if someone doesn't show up.Common disputesDealing With a Debt CollectorHow to dispute a debt, what collectors can't do, and where to complain.

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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.