How to Respond to a Lawsuit in California: Answer a Summons (2026)
Reviewed by DocDraft Legal Team. California. Last updated 2026-06-02
In California, a defendant served with a civil summons and complaint has 30 calendar days to file a written answer under Cal. Code Civ. Proc. § 412.20. The window is different in other tracks. An unlawful detainer (eviction) answer is due within 10 court days, excluding weekends and judicial holidays, under § 1167 (add 5 court days if served by mail or the address involves a confidentiality program), while small claims requires no written answer at all because the defendant simply appears at the hearing under § 116.310. A response to a divorce or dissolution petition is due within 30 days under Cal. Fam. Code § 2020. If you miss your deadline, the plaintiff can ask the clerk to enter your default and the court can enter a default judgment against you under § 585, which you can later move to vacate within six months under § 473(b).
How long do I have to respond to a lawsuit in California?
It depends on the type of case. For a general civil complaint, Cal. Code Civ. Proc. § 412.20 gives you 30 calendar days after the summons is served to file a written answer. An unlawful detainer (eviction) answer is due within 10 court days, excluding weekends and judicial holidays, under § 1167 (add 5 court days if served by mail or the address involves a confidentiality program). Small claims requires no written answer; you appear at the hearing instead under § 116.310.
How do I respond to a civil summons in California?
You respond by filing a written answer with the clerk of the Superior Court named in the summons, then serving a copy on the plaintiff or the plaintiff's attorney and filing a proof of service under Cal. Code Civ. Proc. § 1013. Many courts require electronic filing under California Rules of Court 2.253. The answer admits or denies each numbered allegation and states your defenses.
What happens if I don't answer a summons in California?
If you do not respond by your deadline, the plaintiff can apply to the clerk for entry of your default under Cal. Code Civ. Proc. § 585. The court can then enter a default judgment granting what the complaint requests, often without further notice to you. You may move to set the default aside within six months under § 473(b) by showing excusable neglect.
How do I answer a summons without an attorney in California?
Self-represented defendants can file an answer themselves. For a limited civil case of $35,000 or less, the Judicial Council general-denial form PLD-050 is available. Otherwise you type your answer on 28-line numbered pleading paper that meets California Rules of Court 2.111. File it with the clerk, serve the plaintiff, and pay the filing fee or request a fee waiver on form FW-001.
California response framework at a glance
California's response rules turn first on which track your case is in. A general civil complaint is governed by Cal. Code Civ. Proc. § 412.20, which directs the defendant to file a written response within 30 calendar days after the summons is served. An unlawful detainer (eviction) is the short track: Cal. Code Civ. Proc. § 1167 requires the response within 10 days (add 5 court days if served by mail or the address involves a confidentiality program), excluding Saturdays, Sundays, and other judicial holidays, after the complaint is served. Small claims is different again. Under Cal. Code Civ. Proc. § 116.310 no formal written answer is required, and the defendant simply appears at the scheduled hearing. A response to a dissolution petition is due within 30 days under Cal. Fam. Code § 2020. Answers are filed with the clerk of the Superior Court named in the summons, served on the plaintiff under § 1013, and formatted on the Judicial Council general-denial form PLD-050 or on 28-line pleading paper meeting California Rules of Court 2.111. The California Courts judicial-branch website at www.courts.ca.gov is the official source for the statewide civil fee schedule, the fee-waiver request (FW-001), and the answer forms defendants need.
Court Resources
California Courts. Going to court and civil case basics
Judicial-branch page explaining the Superior Court civil tracks, the small-claims dollar limit, and the limited versus unlimited civil thresholds that decide where a defendant files an answer.
Judicial Council form PLD-050 (Answer. General Denial)
The official general-denial answer form a defendant in a limited civil case of $35,000 or less can use to respond to a complaint, available as a fillable PDF from the California Courts forms library.
Judicial Council form FW-001 (Request to Waive Court Fees)
The official fee-waiver request a defendant can file instead of paying the answer filing fee, based on receipt of public benefits or income below the court's threshold.
Relevant Laws
California Code of Civil Procedure § 412.20 (30-Day Response to a Civil Complaint)
Directs that the summons tell the defendant to file a written pleading in response to the complaint within 30 days after the summons is served. This is the standard general civil answer deadline in California.
California Code of Civil Procedure § 1167 (Unlawful Detainer Response Window)
Requires the defendant in an unlawful detainer (eviction) case to file a response within 10 days, excluding Saturdays, Sundays, and other judicial holidays, after the complaint is served. This is the short eviction track, not the 30-day general civil track.
California Family Code § 2020 (Response to a Dissolution Petition)
Requires a responsive pleading, if any, to be filed and served on the petitioner within 30 days of service of the petition and summons in a divorce or dissolution case.
California Code of Civil Procedure § 116.310 (No Formal Pleading in Small Claims)
Provides that no formal pleading, other than the claim, is necessary to initiate a small claims action, so a small claims defendant files no written answer and simply appears at the hearing.
California Code of Civil Procedure § 585 (Default and Default Judgment)
Provides that if the defendant fails to answer the complaint, the clerk, on the plaintiff's written application and proof of service of summons, shall enter the defendant's default, opening the door to a default judgment.
California Code of Civil Procedure § 473(b) (Setting Aside a Default)
Allows a court to relieve a party from a default or default judgment taken through mistake, inadvertence, surprise, or excusable neglect, on application made within a reasonable time, in no case exceeding six months.
California Code of Civil Procedure § 426.30 (Compulsory Cross-Complaint)
Requires a defendant to plead related causes of action against the plaintiff arising from the same transaction in a cross-complaint, or lose the right to assert them later.
Regional Variances
Answer deadline by case track in California
General civil complaint (Cal. Code Civ. Proc. § 412.20)
30 calendar days after the summons is served on the defendant to file a written answer with the Superior Court. This is the default civil deadline and the one most defendants are working against.
Unlawful detainer / eviction (Cal. Code Civ. Proc. § 1167)
10 court days after the complaint is served, excluding Saturdays, Sundays, and other judicial holidays (add 5 court days if served by mail or the address involves a confidentiality program). This is much shorter than the 30-day general civil window, so eviction defendants must move fast.
Small claims (Cal. Code Civ. Proc. § 116.310)
No written answer is required. The defendant does not file a responsive pleading and instead appears at the scheduled hearing to present a defense in person.
Divorce / dissolution response (Cal. Fam. Code § 2020)
30 days after service of the petition and summons to file a responsive pleading and serve a copy on the petitioner. Missing it can let the dissolution proceed by default.
Which California court hears your case, by amount
Small Claims Division, Superior Court
Hears claims up to the small-claims dollar cap of $12,500 for individuals. No written answer is required and the defendant appears at the hearing.
Limited civil, Superior Court of California
Handles civil cases up to $35,000. A written answer is required within 30 days. The answer filing fee runs $225 to $370 depending on the amount in controversy.
Unlimited civil, Superior Court of California
Handles civil cases over $35,000. A written answer is required within 30 days, and the answer filing fee is $435 unless the court grants a fee waiver.
Suggested Compliance Checklist
Calculate your response deadline from the date you were served
Day 0 (date of service) days after startingFind the deadline that matches your track. A general civil complaint is due in 30 calendar days under Cal. Code Civ. Proc. § 412.20. An unlawful detainer is due in 10 court days, excluding weekends and judicial holidays, under § 1167 (add 5 court days if served by mail or the address involves a confidentiality program). A dissolution response is due in 30 days under Cal. Fam. Code § 2020. Small claims requires no written answer; you appear at the hearing under § 116.310. Mark the exact due date on a calendar.
Identify your case track and the correct Superior Court
Within 2 days of service days after startingRead the caption on the summons to confirm whether the case is small claims, limited civil (up to $35,000), unlimited civil (over $35,000), unlawful detainer, or family. The track decides your deadline, the court, and the filing fee. Confirm the court named in the summons, because that is where your answer must be filed.
Identify your defenses and any counterclaims
Before drafting the answer days after startingList the affirmative defenses that fit your facts, such as the statute of limitations, improper service of process, payment or accord and satisfaction, or, in debt-buyer cases, lack of standing. In debt cases, check the four-year written-contract limitations period under Cal. Code Civ. Proc. § 337. If you have claims against the plaintiff from the same transaction, you must plead them as a cross-complaint under § 426.30 or lose them.
Draft the answer in the correct caption and format
Before the answer deadline days after startingRespond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses. For a limited civil case of $35,000 or less, the Judicial Council general-denial form PLD-050 is available. Otherwise, type the answer on 28-line numbered pleading paper formatted under California Rules of Court 2.111, with the court, parties, and case number in the caption.
File the answer with the clerk of the correct court
On or before the answer deadline days after startingFile with the clerk of the Superior Court named in the summons. Many California courts require electronic filing under California Rules of Court 2.253, so check the local rule before filing in person or by mail. The answer filing fee is $435 for unlimited civil and $225 to $370 for limited civil.
Serve the plaintiff and file a proof of service
With or promptly after filing days after startingServe a copy of the filed answer on the plaintiff or the plaintiff's attorney by mail or electronic service under Cal. Code Civ. Proc. § 1013, then file the proof of service with the court. An answer that is filed but not served, or served without a proof on file, can be challenged.
Request a fee waiver if you cannot afford the filing fee
At the time of filing days after startingIf you receive public benefits or your income is below the court's threshold, file Judicial Council form FW-001 with your answer to ask the court to waive the filing fee. Submitting the waiver request lets you file on time without paying the $225 to $435 fee while the court decides eligibility.
Appear at the hearing or case-management conference
As set by the court days after startingCalendar every date the court sets, including the small claims hearing (where no written answer is filed) and any case-management conference in a civil case. Bring your evidence and a copy of your filed answer. Attorney review is available as an option before you file if your case involves a short eviction deadline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Calculate your response deadline from the date you were served | Find the deadline that matches your track. A general civil complaint is due in 30 calendar days under Cal. Code Civ. Proc. § 412.20. An unlawful detainer is due in 10 court days, excluding weekends and judicial holidays, under § 1167 (add 5 court days if served by mail or the address involves a confidentiality program). A dissolution response is due in 30 days under Cal. Fam. Code § 2020. Small claims requires no written answer; you appear at the hearing under § 116.310. Mark the exact due date on a calendar. | - | Day 0 (date of service) |
| Identify your case track and the correct Superior Court | Read the caption on the summons to confirm whether the case is small claims, limited civil (up to $35,000), unlimited civil (over $35,000), unlawful detainer, or family. The track decides your deadline, the court, and the filing fee. Confirm the court named in the summons, because that is where your answer must be filed. | - | Within 2 days of service |
| Identify your defenses and any counterclaims | List the affirmative defenses that fit your facts, such as the statute of limitations, improper service of process, payment or accord and satisfaction, or, in debt-buyer cases, lack of standing. In debt cases, check the four-year written-contract limitations period under Cal. Code Civ. Proc. § 337. If you have claims against the plaintiff from the same transaction, you must plead them as a cross-complaint under § 426.30 or lose them. | - | Before drafting the answer |
| Draft the answer in the correct caption and format | Respond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses. For a limited civil case of $35,000 or less, the Judicial Council general-denial form PLD-050 is available. Otherwise, type the answer on 28-line numbered pleading paper formatted under California Rules of Court 2.111, with the court, parties, and case number in the caption. | answer-to-complaint | Before the answer deadline |
| File the answer with the clerk of the correct court | File with the clerk of the Superior Court named in the summons. Many California courts require electronic filing under California Rules of Court 2.253, so check the local rule before filing in person or by mail. The answer filing fee is $435 for unlimited civil and $225 to $370 for limited civil. | - | On or before the answer deadline |
| Serve the plaintiff and file a proof of service | Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney by mail or electronic service under Cal. Code Civ. Proc. § 1013, then file the proof of service with the court. An answer that is filed but not served, or served without a proof on file, can be challenged. | - | With or promptly after filing |
| Request a fee waiver if you cannot afford the filing fee | If you receive public benefits or your income is below the court's threshold, file Judicial Council form FW-001 with your answer to ask the court to waive the filing fee. Submitting the waiver request lets you file on time without paying the $225 to $435 fee while the court decides eligibility. | - | At the time of filing |
| Appear at the hearing or case-management conference | Calendar every date the court sets, including the small claims hearing (where no written answer is filed) and any case-management conference in a civil case. Bring your evidence and a copy of your filed answer. Attorney review is available as an option before you file if your case involves a short eviction deadline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue. | - | As set by the court |
Frequently Asked Questions
An answer responds to each numbered paragraph of the complaint by admitting it, denying it, or stating you lack enough information to admit or deny, and then lists your affirmative defenses. For a limited civil case of $35,000 or less you may use the Judicial Council general-denial form PLD-050. Otherwise, type the answer on 28-line numbered pleading paper formatted under California Rules of Court 2.111, with the court, parties, and case number in the caption.
File your written answer with the clerk of the Superior Court named in the summons within 30 calendar days of service under Cal. Code Civ. Proc. § 412.20. Serve a copy on the plaintiff or the plaintiff's attorney by mail or electronic service and file a proof of service under § 1013. The answer filing fee is $435 for unlimited civil and $225 to $370 for limited civil, unless you obtain a fee waiver.
Under Cal. Code Civ. Proc. § 585, the clerk can enter your default once you miss the answer deadline, and the court can enter a default judgment for what the complaint requests. You can file a Motion to Set Aside or Vacate Default under § 473(b) within a reasonable time, in no case exceeding six months, by showing mistake, inadvertence, surprise, or excusable neglect. Act quickly, because the six-month outer limit is strict.
Often yes. Parties commonly agree in writing to extend the response deadline, and you can ask the court for more time. Filing certain challenges to the complaint, such as a demurrer, also changes the response timeline. Get any extension in writing, because the default clock keeps running until the plaintiff agrees, the court grants more time, or you file a response.
You can ask the court to waive your filing fee. California's fee waiver is requested on Judicial Council form FW-001, and eligibility is based on receiving public benefits or having household income below the court's threshold. If the court grants the waiver, you can file your answer without paying the $225 to $435 fee that would otherwise apply.
Yes. Improper service of process is a recognized defense in California. A defendant can file a motion to quash service of summons to challenge whether the court has personal jurisdiction because service did not follow the rules. If service was defective, the time to answer may not have started to run. Raise a service problem promptly rather than ignoring the case, because ignoring it still risks a default.
Common affirmative defenses include the statute of limitations, improper service of process, payment or accord and satisfaction, and, in debt-buyer cases, the plaintiff's lack of standing. To assert your own claims against the plaintiff, you file a cross-complaint. Under Cal. Code Civ. Proc. § 426.30, related claims arising from the same transaction generally must be pleaded in your response or they are waived.
Respond the same way as any civil complaint: file a timely answer that admits or denies each allegation and raises your defenses. In debt cases, check the four-year statute of limitations for written contracts under Cal. Code Civ. Proc. § 337 and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692g. Do not ignore the summons, because silence leads to a default judgment for the full amount claimed.
A respondent served with a dissolution petition and summons has 30 days to file a responsive pleading and serve a copy on the petitioner under Cal. Fam. Code § 2020. You file your response with the Superior Court using the Judicial Council family law forms. Missing the 30-day window can let the case proceed by default and let the court decide property, support, and custody issues without your input.
California does not use a federal-style motion to dismiss. The closest equivalent is a demurrer, which argues that the complaint fails to state a valid claim, paired where appropriate with a motion to strike or a motion to quash service. A demurrer is filed within the same response window that applies to an answer and is set for a hearing. If the court overrules it, you then file your answer.
Other California guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.