Calculate Your Debt Lawsuit Deadline: State-by-State Guide

The day you're served with a debt lawsuit, a clock starts ticking. Miss that deadline and the court enters a default judgment against you—no trial, no defense, just an automatic loss. The creditor can then garnish your wages, freeze your bank account, or put a lien on your home.

Your deadline to respond depends entirely on where you live. Some states give you 20 days. Others give you 30. A few give you as little as 14. And that's 20 days from when you were served, not when you opened the envelope or decided to deal with it.

Below, you'll find the exact deadline for every state, how to count the days correctly, and what to do if you're already past it.

How to Calculate Your Deadline

Start with the day you were personally handed the papers or the day they were left at your door. That's Day 1. Count forward the number of days your state allows. If your deadline falls on a weekend or court holiday, it typically moves to the next business day,but don't rely on that cushion. File early.

Most courts don't care if you never opened the envelope. Service is complete when the papers reach you, not when you read them.

Common Counting Mistakes

People lose cases over these errors:

• Starting the count on the wrong day. Some assume Day 1 is the day after service. It's not. Check your summons,it usually spells this out.
• Assuming weekends don't count. In many states, weekends do count toward your deadline. Only the final day gets bumped if it lands on a weekend.
• Trusting the postmark. If you're mailing your Answer, most courts require it to arrive by the deadline, not just be postmarked. Call the clerk to confirm.

Lawsuit Response Deadlines by State

Here's how long you have to file an Answer after being served. These are the most common timelines, but local rules can vary,check your summons or call the courthouse listed on your papers.

States With 20-Day Deadlines

These states give you 20 calendar days (including weekends) to respond:

• Alabama
• Arizona
• Arkansas
• Colorado
• Connecticut (small claims: 30 days)
• Delaware
• Florida (in-state service; 60 days if served out of state)
• Georgia
• Idaho
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine (small claims: 10 days)
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Mexico
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Vermont
• West Virginia
• Wisconsin
• Wyoming

States With 30-Day Deadlines

These states give you 30 days to file your Answer:

• Alaska
• California
• Hawaii
• Illinois
• Maryland
• Massachusetts
• New Jersey
• New York (sometimes 20 days in small claims or if personally served in NYC)
• North Carolina
• Texas (you have until 10 a.m. On the Monday after 20 days have passed)
• Utah
• Virginia
• Washington

District of Columbia

D.C. Gives you 21 days to respond to most civil lawsuits.

When Your State Isn't Listed

If you don't see your state above, or your summons lists a different deadline, trust the summons. Courts sometimes use different timelines for small claims, magistrate courts, or cases filed in specific counties. Call the courthouse clerk if you're unsure,they can't give legal advice, but they can confirm your deadline.

What Happens If You Miss the Deadline

Miss your deadline and the creditor files for a default judgment. The judge signs it. You lose. The creditor now has a court order to collect the debt, plus interest, court costs, and sometimes attorney fees.

Once that judgment is entered, they can:

• Garnish up to 25% of your wages every paycheck (or more in some states)
• Freeze your bank account and take whatever's in it
• Put a lien on your home that must be paid when you sell
• Seize non-exempt property like vehicles or valuables

In most states, the judgment is good for 10 to 20 years. They can renew it. The debt doesn't just go away because you didn't show up.

Can You Undo a Default Judgment?

Yes, but it's hard. You'll need to file a motion to set aside the judgment and prove you had a valid reason for missing the deadline,serious illness, wrong address, defective service. "I forgot" or "I was scared" won't work. Courts rarely grant these motions, so it's far better to file on time in the first place.

How to File Your Answer

Once you know your deadline, here's what to do:

Step 1: Get the Right Form

Many courts have a blank Answer form on their website. Search "[your county] civil court Answer form" or visit the clerk's office. If there's no form, you'll draft your Answer on pleading paper (legal-sized paper with numbered lines). You can find templates online or use a service like Talk About Debt's bankruptcy screener to see if filing bankruptcy would stop the lawsuit entirely.

Step 2: Respond to Every Allegation

The lawsuit includes numbered paragraphs. For each one, you write "Admit," "Deny," or "Lack sufficient knowledge to admit or deny." If you're not sure about something,like whether you owe the exact amount they claim,deny it. Make them prove it.

Step 3: Include Affirmative Defenses

This is where you list reasons the creditor shouldn't win even if you owe the debt. Common defenses:

• Statute of limitations: The debt is too old to sue over in your state.
• Lack of standing: The suing company doesn't own the debt or can't prove they do.
• Payment: You already paid some or all of it.
• Identity theft: The debt isn't yours.
• Improper service: You were served incorrectly.

If you don't list these in your Answer, you usually can't bring them up later.

Step 4: File and Serve

Make at least three copies of your Answer. File the original with the court (in person or by mail). Mail one copy to the creditor's attorney (the address is on the lawsuit). Keep one for yourself. Some courts require a certificate of service stating when and how you sent the copy. Check your local rules.

What to Do If You're Already Late

If you missed the deadline but no judgment has been entered yet, file your Answer immediately. Call the court clerk to confirm whether a default was granted. If not, you may still have time.

If a judgment was already entered, you have two main options:

1. File a motion to set aside the judgment. You'll need a compelling reason and proof. Consult a lawyer for this,these motions are technical and time-sensitive.
2. Consider bankruptcy. Filing Chapter 7 or Chapter 13 bankruptcy stops wage garnishment and most collection efforts instantly. It also wipes out the debt itself in many cases. If you're judgment-proof (no wages to garnish, no assets to seize), bankruptcy may not be necessary, but if you have income or property at risk, it's often the fastest way out. Use our free screener to see if you qualify.

When Bankruptcy Makes More Sense Than Fighting

Sometimes the best defense is to eliminate the debt entirely. If you're facing multiple lawsuits, if you have other debts piling up, or if your wages are about to be garnished, bankruptcy might resolve everything at once. Chapter 7 bankruptcy typically costs $300-$500 in court fees and wipes out credit card debt, medical bills, and personal loans in about four months. Chapter 13 sets up a 3-5 year repayment plan and stops foreclosure or car repossession.

Both chapters trigger an automatic stay the moment you file. That means:

• All collection calls stop
• Lawsuits are paused
• Wage garnishments halt
• Bank levies are blocked

If you're juggling multiple deadlines or already have a judgment, bankruptcy cuts through the noise. Run your situation through our screener to see what you'd qualify for and how much debt you'd eliminate.

State-Specific Notes

A few states have quirks worth knowing:

• Texas: Your deadline is 10 a.m. On the Monday following 20 days after service. If Monday is a holiday, it's the next business day.
• California: If you were served outside California, you get 30 days. If served in California, it's also 30 days, but some local courts have different small claims rules.
• New York: Deadlines vary by type of service and court. Personally served defendants in Supreme Court have 20 days; small claims may differ.
• Florida: You get 20 days if served in Florida, 60 days if served outside the state.

When in doubt, call the clerk. They won't give legal advice, but they'll confirm your deadline and filing requirements.

How to Avoid Getting Served (Or Sued) in the First Place

If you haven't been served yet but expect a lawsuit, you have options:

• Negotiate a settlement. Many creditors will accept 30-50% of the balance if you pay in a lump sum.
• Request a payment plan. Some will agree to monthly payments without suing.
• File bankruptcy before they sue. Once you're sued, your negotiating power drops. Filing bankruptcy early costs the same but saves you months of stress.

Avoiding service doesn't help. If you duck the process server, the court eventually allows substituted service (leaving papers at your door or mailing them). You still get sued, but now you might miss the deadline because you didn't know the clock started.