How to Respond to a Lawsuit in Massachusetts: Answer a Summons (2026)

Reviewed by DocDraft Legal Team. Massachusetts. Last updated 2026-06-02

In Massachusetts, a defendant served with a civil summons and complaint generally has 20 calendar days to serve a written answer under Mass. R. Civ. P. 12(a). The window works differently in other tracks. A summary process (eviction) answer is calendar-anchored: under Uniform Summary Process Rule 3 the answer is due no later than the first Monday after the Monday entry day, a court date set by the calendar rather than a fixed number of days from service. Small claims requires no written answer at all. Under Uniform Small Claims Rule 3 the filing of an answer is optional and failing to file one does not put the defendant in default, so the defendant appears on the trial date stated in the notice. A response to a divorce or dissolution petition is due within 20 days under Mass. R. Dom. Rel. P. 12(a). If you miss a deadline where an answer is required, the clerk can enter your default under Mass. R. Civ. P. 55(a) and the court can enter a default judgment, which you can later move to set aside for mistake, inadvertence, surprise, or excusable neglect under Mass. R. Civ. P. 60(b) within a reasonable time and not more than one year.

How long do I have to respond to a lawsuit in Massachusetts?

It depends on the type of case. For a general civil complaint, Mass. R. Civ. P. 12(a) gives you 20 calendar days after the summons and complaint are served to serve a written answer. A summary process (eviction) answer is due on a court-set date, no later than the first Monday after the Monday entry day, under Uniform Summary Process Rule 3. Small claims requires no written answer; you appear on the trial date stated in the notice under Uniform Small Claims Rule 3.

How do I respond to a civil summons in Massachusetts?

You respond by filing a written answer with the clerk of the court named in the summons, then serving a copy on the plaintiff or the plaintiff's attorney under Mass. R. Civ. P. 5(b). You can file in person, by mail, or electronically through eFileMA. The answer admits or denies each numbered allegation of the complaint and states your defenses.

What happens if I don't answer a summons in Massachusetts?

If you do not respond by your deadline in a case that requires an answer, the clerk can enter your default under Mass. R. Civ. P. 55(a). The court can then enter a default judgment granting what the complaint requests. You may move for relief from the judgment under Mass. R. Civ. P. 60(b) within a reasonable time, and not more than one year, by showing mistake, inadvertence, surprise, or excusable neglect.

How do I answer a summons without an attorney in Massachusetts?

Self-represented defendants can file an answer themselves. Massachusetts has no statewide mandated general civil answer form, so you type your answer with the court, parties, and docket number in the caption under Mass. R. Civ. P. 10(a). File it with the clerk in person, by mail, or through eFileMA, and serve a copy on the plaintiff. There is no fee to file an answer.

Massachusetts response framework at a glance

Massachusetts response rules turn first on which track your case is in. A general civil complaint is governed by Mass. R. Civ. P. 12(a), which directs the defendant to serve a responsive pleading within 20 days after service of the pleading that requires a response. Summary process (eviction) is the calendar-anchored track: under Uniform Summary Process Rule 3 the answer is filed with the clerk and served on the plaintiff no later than the first Monday after the Monday entry day, so the deadline is a fixed court date rather than a count of days from service. Small claims is different again. Under Uniform Small Claims Rule 3 no written answer to the claim is required, filing one is optional, and failing to file does not result in default, so the defendant simply appears on the trial date stated in the notice. A response to a divorce or dissolution petition is due within 20 days under Mass. R. Dom. Rel. P. 12(a). Answers are filed with the clerk of the court named in the summons, served on the plaintiff under Mass. R. Civ. P. 5(b), and formatted with a proper caption under Mass. R. Civ. P. 10(a); there is no statewide mandated general civil answer form. The Massachusetts Court System website at www.mass.gov is the official source for the eFileMA electronic-filing system, the Affidavit of Indigency to waive court fees and costs, and the trial court rules defendants need.

Court Resources

Massachusetts Court System. Superior Court and the civil case tracks

Official trial-court page explaining where civil cases are heard, including the District Court and Boston Municipal Court for claims up to $50,000 and the Superior Court for claims over $50,000, which decides where a defendant files an answer.

Uniform Small Claims Rule 3 (Notice to Defendant; Answer to Claim)

The official trial court rule confirming that no written answer to a small claims claim is required, that filing an answer is optional, and that the defendant appears on the trial date stated in the notice instead of meeting a paper deadline.

eFiling in the Massachusetts courts (eFileMA)

Official guide to filing court documents electronically through eFileMA, an alternative to filing an answer with the clerk in person or by mail. Electronic filing is optional for self-represented litigants.

Apply for an indigency waiver of court fees and costs (Affidavit of Indigency)

Official how-to page for the Affidavit of Indigency, which a defendant can file to ask the court to waive court fees and costs based on public assistance, income at or below 125% of the federal poverty line, or inability to pay without giving up the necessities of life.

Relevant Laws

Mass. R. Civ. P. 12(a) (20-Day Answer to a Civil Complaint)

Provides that after service of any pleading requiring a responsive pleading, a party shall serve the responsive pleading within 20 days unless the court directs otherwise. This is the standard general civil answer deadline in Massachusetts.

Uniform Summary Process Rule 3 (Eviction Answer Due the First Monday After the Monday Entry Day)

Requires the defendant in a summary process (eviction) case to file the answer with the clerk and serve it on the plaintiff no later than the first Monday after the Monday entry day. This is a calendar-anchored court date, not a fixed number of days counted from service.

Uniform Small Claims Rule 3 (No Written Answer Required in Small Claims)

Provides that no written answer to the claim is required, that filing an answer is optional, and that the failure to file an answer does not result in the defendant's default. A small claims defendant files no written answer and appears on the trial date in the notice.

Mass. R. Dom. Rel. P. 12(a) (20-Day Response in a Family Action)

Provides that after service of any pleading requiring a responsive pleading, a party shall serve the responsive pleading within 20 days unless the court directs otherwise. This supplies the response deadline in a divorce or dissolution case.

Mass. R. Civ. P. 55(a) (Entry of Default)

Provides that when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend and that fact is made to appear, the clerk shall enter that party's default, opening the door to a default judgment.

Mass. R. Civ. P. 60(b) (Relief From a Judgment or Order)

Allows a court to relieve a party from a final judgment for mistake, inadvertence, surprise, or excusable neglect, on a motion made within a reasonable time and not more than one year after the judgment for that ground.

Mass. R. Civ. P. 13(a) (Compulsory Counterclaim)

Requires a pleading to state any claim the pleader has against the opposing party that arises out of the transaction or occurrence that is the subject matter of the opposing party's claim, which is why a defendant generally must raise such a counterclaim with the answer.

Regional Variances

Answer deadline by case track in Massachusetts

General civil complaint (Mass. R. Civ. P. 12(a))

20 calendar days after service of the pleading requiring a response to serve a written answer, unless the court directs otherwise. This is the default civil deadline and the one most defendants are working against.

Summary process / eviction (Uniform Summary Process Rule 3)

A written answer is required and is due no later than the first Monday after the Monday entry day. This is a calendar-anchored court date rather than a fixed number of days from service, so read the summons for your entry date and the resulting answer date.

Small claims (Uniform Small Claims Rule 3)

No written answer is required. Filing an answer is optional and not filing one does not result in default. The defendant appears on the trial date stated in the notice to present a defense in person.

Divorce / dissolution response (Mass. R. Dom. Rel. P. 12(a))

20 days after service of the pleading requiring a response to serve a responsive pleading in the Probate and Family Court. Missing it can let the dissolution proceed by default on property, support, and custody.

Which Massachusetts court hears your case, by amount

Small Claims Session, District Court or Boston Municipal Court

Hears claims up to the small-claims dollar cap of $7,000. No written answer is required, and the defendant appears on the trial date stated in the notice.

District Court or Boston Municipal Court

Hears general civil cases up to $50,000. A written answer is required within 20 days under Mass. R. Civ. P. 12(a), and there is no fee to file the answer.

Superior Court

Hears general civil cases over $50,000. A written answer is required within 20 days under Mass. R. Civ. P. 12(a), and there is no fee to file the answer, though a fee waiver by Affidavit of Indigency is available for other court costs.

Suggested Compliance Checklist

Calculate your response deadline from the date you were served

Day 0 (date of service) days after starting

Find the deadline that matches your track. A general civil complaint is due in 20 calendar days after service under Mass. R. Civ. P. 12(a). A divorce or dissolution response is due in 20 days under Mass. R. Dom. Rel. P. 12(a). A summary process (eviction) answer is due no later than the first Monday after the Monday entry day under Uniform Summary Process Rule 3, a court date rather than a day count. Small claims requires no written answer; you appear on the trial date under Uniform Small Claims Rule 3. Mark the exact due date on a calendar.

Identify your case track and the correct court

Within 2 days of service days after starting

Read the summons to confirm whether the case is small claims (up to $7,000), general civil in the District Court or Boston Municipal Court (up to $50,000), general civil in the Superior Court (over $50,000), summary process (eviction), or a family matter. The track decides whether a written answer is required, your deadline, and where you file. 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 starting

List the affirmative defenses that fit your facts, such as the statute of limitations, accord and satisfaction, payment, release, estoppel, waiver, or fraud. In debt cases, check the six-year written-contract limitations period under Mass. Gen. Laws ch. 260, § 2. If you have a claim against the plaintiff arising from the same transaction or occurrence, you generally must plead it as a compulsory counterclaim under Mass. R. Civ. P. 13(a) or risk losing it.

Draft the answer in the correct caption and format

Before the answer deadline days after starting

Respond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses. Massachusetts has no statewide mandated general civil answer form, so type the answer and set the caption with the court, the parties, and the docket number under Mass. R. Civ. P. 10(a). Attorney review of the drafted answer is available as an option before you file.

Document: answer-to-complaint

File the answer with the clerk of the correct court

On or before the answer deadline days after starting

File with the clerk of the court named in the summons. You can file in person, by mail, or electronically through eFileMA, which is optional for self-represented litigants under Mass. R. Civ. P. 5(d). There is no fee to file an answer in Massachusetts.

Serve the plaintiff with a copy of your answer

With or promptly after filing days after starting

Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney by delivering a copy or by mailing it to the last known address under Mass. R. Civ. P. 5(b). An answer that is filed but not served on the opposing party can be challenged, so keep proof of how and when you served it.

Request a waiver of court fees and costs if you cannot afford them

At the time of filing days after starting

There is no fee to file an answer, but if you face other court fees or costs you cannot afford, such as to file a counterclaim or an appeal, file an Affidavit of Indigency to ask the court to waive them. Eligibility is based on receiving public assistance, income at or below 125% of the federal poverty line, or inability to pay without depriving yourself of the necessities of life.

Appear on the trial date or at the case event the court sets

As set by the court days after starting

Calendar every date the court sets. In small claims, where no written answer is filed, the trial date on the notice is your appearance, and missing it risks a default. In a summary process (eviction) case, the answer is due the first Monday after the Monday entry day and the matter is set for an early court event. In a general civil case, bring your evidence and a copy of your filed answer to any hearing. Attorney review is available as an option before a short eviction deadline 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 20 calendar days after service under Mass. R. Civ. P. 12(a). A divorce or dissolution response is due in 20 days under Mass. R. Dom. Rel. P. 12(a). A summary process (eviction) answer is due no later than the first Monday after the Monday entry day under Uniform Summary Process Rule 3, a court date rather than a day count. Small claims requires no written answer; you appear on the trial date under Uniform Small Claims Rule 3. Mark the exact due date on a calendar.	-	Day 0 (date of service)
Identify your case track and the correct court	Read the summons to confirm whether the case is small claims (up to $7,000), general civil in the District Court or Boston Municipal Court (up to $50,000), general civil in the Superior Court (over $50,000), summary process (eviction), or a family matter. The track decides whether a written answer is required, your deadline, and where you file. 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, accord and satisfaction, payment, release, estoppel, waiver, or fraud. In debt cases, check the six-year written-contract limitations period under Mass. Gen. Laws ch. 260, § 2. If you have a claim against the plaintiff arising from the same transaction or occurrence, you generally must plead it as a compulsory counterclaim under Mass. R. Civ. P. 13(a) or risk losing it.	-	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. Massachusetts has no statewide mandated general civil answer form, so type the answer and set the caption with the court, the parties, and the docket number under Mass. R. Civ. P. 10(a). Attorney review of the drafted answer is available as an option before you file.	answer-to-complaint	Before the answer deadline
File the answer with the clerk of the correct court	File with the clerk of the court named in the summons. You can file in person, by mail, or electronically through eFileMA, which is optional for self-represented litigants under Mass. R. Civ. P. 5(d). There is no fee to file an answer in Massachusetts.	-	On or before the answer deadline
Serve the plaintiff with a copy of your answer	Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney by delivering a copy or by mailing it to the last known address under Mass. R. Civ. P. 5(b). An answer that is filed but not served on the opposing party can be challenged, so keep proof of how and when you served it.	-	With or promptly after filing
Request a waiver of court fees and costs if you cannot afford them	There is no fee to file an answer, but if you face other court fees or costs you cannot afford, such as to file a counterclaim or an appeal, file an Affidavit of Indigency to ask the court to waive them. Eligibility is based on receiving public assistance, income at or below 125% of the federal poverty line, or inability to pay without depriving yourself of the necessities of life.	-	At the time of filing
Appear on the trial date or at the case event the court sets	Calendar every date the court sets. In small claims, where no written answer is filed, the trial date on the notice is your appearance, and missing it risks a default. In a summary process (eviction) case, the answer is due the first Monday after the Monday entry day and the matter is set for an early court event. In a general civil case, bring your evidence and a copy of your filed answer to any hearing. Attorney review is available as an option before a short eviction deadline 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. Massachusetts has no statewide mandated general civil answer form, so you type the answer and set the caption with the court, the parties, and the docket number under Mass. R. Civ. P. 10(a). Attorney review of the drafted answer is available as an option.

If you missed the answer deadline and a default judgment was entered, you can file a Motion for Relief from Judgment or Order under Mass. R. Civ. P. 60(b). The court can relieve you for mistake, inadvertence, surprise, or excusable neglect under Rule 60(b)(1). File within a reasonable time, and not more than one year after the judgment for that ground. Act quickly, because delay weakens the request.

Often yes. Parties commonly agree in writing to extend the 20-day answer period, and you can ask the court to enlarge the time under Mass. R. Civ. P. 6(b). Get any extension in writing, because the default clock keeps running until the plaintiff agrees, the court grants more time, or you file your answer. Do not assume an informal conversation stopped your deadline.

There is no fee to file an answer in Massachusetts, so responding on time does not require any payment. If you face other court fees or costs you cannot afford, such as to file a counterclaim or an appeal, you can ask the court to waive them by filing an Affidavit of Indigency. Eligibility is based on receiving public assistance, income at or below 125% of the federal poverty line, or inability to pay without depriving yourself of the necessities of life.

Yes. Insufficiency of service of process is a recognized defense. You can raise lack of personal jurisdiction or defective service by motion under Mass. R. Civ. P. 12(b) or in your answer, rather than ignoring the case. If service was defective, the time to answer may not have started to run. Raise a service problem promptly, because ignoring the summons still risks a default under Mass. R. Civ. P. 55(a).

Common affirmative defenses include the statute of limitations, accord and satisfaction, payment, release, estoppel, waiver, fraud, and res judicata. To assert your own claims against the plaintiff, you plead a counterclaim under Mass. R. Civ. P. 13(a), which makes a claim arising out of the same transaction or occurrence compulsory. A compulsory counterclaim not raised with your answer can be lost, so identify it before you file.

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 six-year statute of limitations for written contracts under Mass. Gen. Laws ch. 260, § 2 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. Attorney review of a debt-collection answer is available as an option.

A defendant served with a divorce or dissolution petition and summons has 20 days to serve a responsive pleading under Mass. R. Dom. Rel. P. 12(a). You file your answer with the Probate and Family Court named in the summons. Missing the 20-day window can let the case proceed by default and let the court decide property, support, and custody issues without your input.

No. Under Uniform Small Claims Rule 3, no written answer to the plaintiff's claim is required, and filing one is optional. Failing to file an answer does not put you in default. Instead, you appear on the trial date printed on the notice and present your defense in person. Read the notice carefully for that date, because missing the appearance, not a paper deadline, is what puts you at risk.

Other Massachusetts guides

How to File a Small Claims Lawsuit in Massachusetts (2026)

How to Dispute a Bill in Massachusetts (2026)

How to Break a Lease in Massachusetts Legally (2026)

Asset Protection Planning in Massachusetts (2026)

Setting Up a Business Partnership in Massachusetts (2026)

Small Business Loan Guide for Massachusetts (2026)

See all 15 Massachusetts guides →

Ready to Draft Your Document?

Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.