How to Respond to a Lawsuit in Mississippi: Answer a Summons (2026)
Reviewed by DocDraft Legal Team. Mississippi. Last updated 2026-06-02
In Mississippi, a defendant served with a civil summons and complaint generally has 30 calendar days to file a written answer under Mississippi Rule of Civil Procedure 12(a). That 30-day period is what you are working against in Circuit Court, County Court, and Chancery Court, including an original divorce complaint. Two tracks work differently and require no written answer at all. Small money claims go to Justice Court, where Mississippi has no separate small-claims court: under Miss. Code Ann. § 11-9-105, the summons states the time within which the defendant must appear and defend, and a failure to appear lets the court enter a default judgment. Eviction is also an appear-and-defend track: under Miss. Code Ann. § 89-8-35, a residential eviction summons commands the tenant to vacate or to show cause before the judge on a day named in the summons, with no fixed answer-day count. If you miss a deadline where an answer is required, the clerk can enter your default under Rule 55(a) and the court can enter a default judgment, which you can later move to set aside under Rule 55(c) and Rule 60(b).
How long do I have to respond to a lawsuit in Mississippi?
It depends on the track. For a general civil complaint, Mississippi Rule of Civil Procedure 12(a) gives you 30 calendar days after service of the summons and complaint to file a written answer. Justice Court cases, which handle small money claims, and eviction cases require no written answer; you appear and defend on the date stated in the summons instead.
How do I respond to a civil summons in Mississippi?
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 Mississippi Rule of Civil Procedure 5(b). You can file on paper or electronically through the Mississippi Electronic Courts system where a court has adopted it under Rule 5(e). The answer admits or denies each numbered allegation and states your defenses.
What happens if I don't answer a summons in Mississippi?
If you do not respond by your deadline, the clerk can enter your default under Mississippi Rule of Civil Procedure 55(a) once it is shown that you failed to plead or otherwise defend. The court can then enter a default judgment granting what the complaint requests. You can ask the court to set the default judgment aside under Rule 55(c) and Rule 60(b).
How do I answer a summons without an attorney in Mississippi?
Self-represented defendants can file an answer themselves. Mississippi has no standardized statewide answer form, so you draft the answer and set the caption with the court, the parties, and the case number under Rule 10(a). File it with the clerk of the court named in the summons and serve the plaintiff. There is no separate fee to file an answer to a complaint.
Mississippi response framework at a glance
Mississippi's response rules turn first on which court your case is in. A general civil complaint in Circuit Court, County Court, or Chancery Court is governed by Mississippi Rule of Civil Procedure 12(a), which directs the defendant to serve an answer within 30 calendar days after service of the summons and complaint. Because Rule 6(a) excludes intermediate weekends and legal holidays only when the period is shorter than seven days, the 30-day window is counted as plain calendar days. Two tracks are different and require no written answer. Mississippi has no separate small-claims court, so small money claims go to Justice Court, where Miss. Code Ann. § 11-9-105 has the summons state the time within which the defendant must appear and defend and warns that a failure to appear results in a default judgment. Eviction is the other appear-and-defend track: under Miss. Code Ann. § 89-8-35, a residential eviction summons commands the tenant to vacate or to show cause before the judge on a day named in the summons, and the parallel statute for nonresidential property, § 89-7-31, uses the same day-named language, so neither sets a fixed answer-day count. Divorce follows the general track, because an original divorce complaint in Chancery Court is answered within 30 days under Rule 12(a), although certain family matters such as modification, contempt, custody, and support are brought by a Rule 81(d) special summons that sets an appear-and-defend date instead. Answers are filed with the clerk of the court named in the summons, on paper or electronically through the Mississippi Electronic Courts system where adopted under Rule 5(e), served on the plaintiff under Rule 5(b), with the caption set under Rule 10(a). The Mississippi Judiciary website at courts.ms.gov is the official source for the Rules of Civil Procedure, the court-structure guide, and the Motion to Proceed In Forma Pauperis that asks the court to waive filing fees.
Court Resources
Mississippi Judiciary. About the Courts
Official judiciary page explaining Mississippi's trial courts, including Justice Court for small money claims, County Court up to $200,000, Circuit Court for general civil cases, and Chancery Court for divorce, estates, and equity, and the dollar thresholds that decide where a defendant responds.
Mississippi Rules of Civil Procedure (official compiled PDF)
The Mississippi Judiciary's compiled Rules of Civil Procedure with advisory committee notes, the source for the 30-day answer deadline under Rule 12(a), service under Rule 5, entry of default under Rule 55(a), and relief from a judgment under Rule 60(b).
Motion to Proceed In Forma Pauperis and Pauper's Affidavit
The official form a defendant can file to ask the court to waive filing fees and court costs based on an inability to pay, with eligibility generally tied to household income at or below 125% of the federal poverty level.
Relevant Laws
Mississippi Rule of Civil Procedure 12(a) (30-Day Answer to a Civil Complaint)
Directs that a defendant serve an answer within 30 days after service of the summons and complaint, or within such time as is directed under Rule 4. This is the standard general civil answer deadline in Mississippi and governs Circuit Court, County Court, and Chancery Court cases, including an original divorce complaint.
Miss. Code Ann. § 11-9-105 (Justice Court Summons: Appear and Defend)
Provides that the Justice Court clerk issues a summons stating the time within which the defendant must appear and defend, and notifying the defendant that a failure to appear results in a default judgment. Mississippi has no separate small-claims court, so small money claims follow this appear-and-defend track with no written answer.
Miss. Code Ann. § 89-8-35 (Residential Eviction Summons: Show Cause on a Day Named)
Requires a residential eviction summons to command the person in possession to immediately vacate the premises or to show cause before the judge, on a day named in the summons, why possession should not be delivered to the applicant. The parallel nonresidential statute, § 89-7-31, uses the same day-named language, so neither track sets a fixed answer-day count.
Mississippi Rule of Civil Procedure 55(a) (Entry of Default)
Provides that when a party against whom affirmative relief is sought has failed to plead or otherwise defend, and that fact is made to appear by affidavit or otherwise, the clerk shall enter that party's default, opening the door to a default judgment.
Mississippi Rule of Civil Procedure 60(b) (Relief From a Default Judgment)
Allows a court to relieve a party from a final judgment, including a default judgment, on grounds such as fraud, mistake, or newly discovered evidence. A motion on those grounds must be made within a reasonable time and not more than six months after the judgment was entered.
Mississippi Rule of Civil Procedure 13 (Counterclaims)
Requires a defendant to plead a claim against the plaintiff that arises out of the same transaction or occurrence as a compulsory counterclaim under Rule 13(a), while unrelated claims may be raised as permissive counterclaims under Rule 13(b).
Mississippi Rule of Civil Procedure 6(a) (Computing the Response Period)
Governs how to count the response period. When the period is shorter than seven days, intermediate Saturdays, Sundays, and legal holidays are excluded. The 30-day answer window is longer than seven days, so it is counted as plain calendar days.
Regional Variances
Answer deadline by case track in Mississippi
General civil complaint (Miss. R. Civ. P. 12(a))
30 calendar days after service of the summons and complaint to file a written answer. This is the default civil deadline and applies in Circuit Court, County Court, and Chancery Court, including an original divorce complaint.
Justice Court / small money claims (Miss. Code Ann. § 11-9-105)
No written answer is required. Mississippi has no separate small-claims court, so small money matters go to Justice Court, where the defendant appears and defends on the date stated in the summons. A failure to appear lets the court enter a default judgment.
Unlawful detainer / eviction (Miss. Code Ann. § 89-8-35)
No written answer with a fixed day count. The eviction summons commands the tenant to vacate or to show cause before the judge on a day named in the summons. The tenant appears on that date, so read the summons closely and move fast.
Divorce / family complaint (Miss. R. Civ. P. 12(a))
30 calendar days after service to answer an original divorce complaint in Chancery Court. Certain family matters such as modification, contempt, custody, and support instead use a Rule 81(d) special summons that sets a date to appear and defend.
Which Mississippi court hears your case, by amount
Justice Court
Hears small civil money claims up to $3,500, rising to $5,000 on July 1, 2026. There is no separate small-claims court, no written answer is filed, and the defendant appears and defends on the date in the summons.
County Court
Hears civil cases up to $200,000 in counties that have one. A written answer is required within 30 calendar days under Rule 12(a).
Circuit Court
Hears general civil cases, including those above the County Court range or in counties with no County Court. A written answer is required within 30 calendar days under Rule 12(a).
Chancery Court
Hears equity matters, divorce and family cases, and estates. An original divorce complaint is answered within 30 calendar days under Rule 12(a), while Rule 81(d) matters use a special summons with an appear-and-defend date.
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 in Circuit Court, County Court, or Chancery Court is due in 30 calendar days under Mississippi Rule of Civil Procedure 12(a), and an original divorce complaint follows the same 30-day period. Justice Court money claims and eviction cases require no written answer; instead you appear and defend on the date stated in the summons under Miss. Code Ann. § 11-9-105 and § 89-8-35. Mark the exact due date or appearance date on a calendar.
Identify your case track and the correct court
Within 2 days of service days after startingRead the caption on the summons to confirm whether the case is in Justice Court (small money claims up to $3,500, rising to $5,000 on July 1, 2026), County Court (up to $200,000), Circuit Court (general civil), Chancery Court (divorce, family, estates, and equity), or is an eviction. The track decides whether a written answer is required, your deadline, and where you respond. 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, accord and satisfaction, payment, release, or fraud, because Mississippi requires you to plead them in your answer. In debt cases, check the three-year limitations period for most contract and account debts under Miss. Code Ann. § 15-1-29. If you have a claim against the plaintiff that arises from the same transaction, you generally must plead it as a compulsory counterclaim under Mississippi Rule of Civil Procedure 13(a) or risk losing it.
Draft the answer in the correct caption and format
Before the answer deadline days after startingRespond to each numbered allegation by admitting it, denying it, or stating that you lack knowledge to admit or deny it, then state your affirmative defenses. Mississippi has no standardized statewide answer form, so draft your own document and set the caption with the court, the parties, and the case number under Mississippi Rule of Civil Procedure 10(a).
File the answer with the clerk of the correct court
On or before the answer deadline days after startingFile your answer with the clerk of the court named in the summons. You can file on paper or electronically through the Mississippi Electronic Courts system where the court has adopted it by local rule under Mississippi Rule of Civil Procedure 5(e). Mississippi does not charge the defendant a separate fee to file a standard answer, so do not let a fee question delay your filing past the deadline.
Serve the plaintiff and keep 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 delivering or mailing it to the last known address, or by electronic means where the Mississippi Electronic Courts system is adopted, under Mississippi Rule of Civil Procedure 5(b). Keep proof that you served it. An answer that is filed but not served on the plaintiff can be challenged.
Request a fee waiver if you cannot afford the court costs
At the time of filing days after startingIf you cannot afford the court costs in your case, file a Motion to Proceed In Forma Pauperis with a Pauper's Affidavit asking the court to waive those costs. Eligibility is based on an inability to pay, generally tied to household income at or below 125% of the federal poverty level. File it on time so a cost question does not push you past the answer or appearance deadline.
Appear at the hearing, Justice Court date, or eviction show-cause date
As set by the court days after startingCalendar every date the court sets, including the Justice Court appearance date, the eviction show-cause date before the judge, and any hearing in a Circuit, County, or Chancery Court case. Bring your evidence and a copy of any filed answer. Attorney review is available as an option before you respond if your case involves a Justice Court or eviction appearance date, 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 in Circuit Court, County Court, or Chancery Court is due in 30 calendar days under Mississippi Rule of Civil Procedure 12(a), and an original divorce complaint follows the same 30-day period. Justice Court money claims and eviction cases require no written answer; instead you appear and defend on the date stated in the summons under Miss. Code Ann. § 11-9-105 and § 89-8-35. Mark the exact due date or appearance date on a calendar. | - | Day 0 (date of service) |
| Identify your case track and the correct court | Read the caption on the summons to confirm whether the case is in Justice Court (small money claims up to $3,500, rising to $5,000 on July 1, 2026), County Court (up to $200,000), Circuit Court (general civil), Chancery Court (divorce, family, estates, and equity), or is an eviction. The track decides whether a written answer is required, your deadline, and where you respond. 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, accord and satisfaction, payment, release, or fraud, because Mississippi requires you to plead them in your answer. In debt cases, check the three-year limitations period for most contract and account debts under Miss. Code Ann. § 15-1-29. If you have a claim against the plaintiff that arises from the same transaction, you generally must plead it as a compulsory counterclaim under Mississippi Rule of Civil Procedure 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 it, denying it, or stating that you lack knowledge to admit or deny it, then state your affirmative defenses. Mississippi has no standardized statewide answer form, so draft your own document and set the caption with the court, the parties, and the case number under Mississippi Rule of Civil Procedure 10(a). | answer-to-complaint | Before the answer deadline |
| File the answer with the clerk of the correct court | File your answer with the clerk of the court named in the summons. You can file on paper or electronically through the Mississippi Electronic Courts system where the court has adopted it by local rule under Mississippi Rule of Civil Procedure 5(e). Mississippi does not charge the defendant a separate fee to file a standard answer, so do not let a fee question delay your filing past the deadline. | - | On or before the answer deadline |
| Serve the plaintiff and keep proof of service | Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney by delivering or mailing it to the last known address, or by electronic means where the Mississippi Electronic Courts system is adopted, under Mississippi Rule of Civil Procedure 5(b). Keep proof that you served it. An answer that is filed but not served on the plaintiff can be challenged. | - | With or promptly after filing |
| Request a fee waiver if you cannot afford the court costs | If you cannot afford the court costs in your case, file a Motion to Proceed In Forma Pauperis with a Pauper's Affidavit asking the court to waive those costs. Eligibility is based on an inability to pay, generally tied to household income at or below 125% of the federal poverty level. File it on time so a cost question does not push you past the answer or appearance deadline. | - | At the time of filing |
| Appear at the hearing, Justice Court date, or eviction show-cause date | Calendar every date the court sets, including the Justice Court appearance date, the eviction show-cause date before the judge, and any hearing in a Circuit, County, or Chancery Court case. Bring your evidence and a copy of any filed answer. Attorney review is available as an option before you respond if your case involves a Justice Court or eviction appearance date, 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 that you lack enough knowledge to admit or deny it, and then lists your affirmative defenses. Mississippi has no standardized statewide answer form, so you draft your own document and set the caption with the court, the parties, and the case number under Mississippi Rule of Civil Procedure 10(a).
Respond the way you would to any civil complaint, but watch your track. A debt case in Circuit Court or County Court is answered in writing within 30 calendar days under Rule 12(a), while a small debt in Justice Court has no written answer and you appear and defend on the date in the summons. Check the three-year statute of limitations for most contract and account debts under Miss. Code Ann. § 15-1-29, and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692g.
Sometimes. Parties often agree in writing to extend the answer deadline, and you can ask the court to enlarge the time under Mississippi Rule of Civil Procedure 6(b) before the deadline passes. Get any extension in writing or on the record, because the default clock keeps running until the plaintiff agrees, the court grants more time, or you file your answer. In Justice Court and eviction cases the obligation is to appear on the date in the summons, so contact the clerk rather than assuming the date will move.
Mississippi does not charge the defendant a separate fee to file a standard answer to a complaint. If you cannot afford the court costs in your case, you can file a Motion to Proceed In Forma Pauperis with a Pauper's Affidavit asking the court to waive those costs. Eligibility is based on an inability to pay, generally tied to household income at or below 125% of the federal poverty level.
Yes. Insufficiency of process and insufficiency of service of process are recognized defenses under Mississippi Rule of Civil Procedure 12(b). You can raise them by motion or assert them in your answer, but you must do so in your first response or you can waive them. 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.
Mississippi requires you to plead affirmative defenses in your answer, including the statute of limitations, accord and satisfaction, payment, release, fraud, estoppel, waiver, res judicata, statute of frauds, and discharge in bankruptcy. To assert your own claim against the plaintiff, you file a counterclaim under Mississippi Rule of Civil Procedure 13. A counterclaim that arises out of the same transaction or occurrence is compulsory under Rule 13(a) and is generally lost if you do not raise it.
A defendant served with an original divorce complaint and a Rule 4 summons generally has 30 calendar days to file an answer under Mississippi Rule of Civil Procedure 12(a), and the case is filed in Chancery Court. Note that certain family matters, such as modification, contempt, custody, and support, are brought by a Rule 81(d) special summons that sets a date to appear and defend instead of a 30-day answer window, so read the summons carefully. Missing your deadline can let the court decide property, support, and custody by default.
Mississippi follows a federal-style practice, so the equivalent of a motion to dismiss is a Rule 12(b) motion, most often a Rule 12(b)(6) motion arguing that the complaint fails to state a claim on which relief can be granted. It is filed within the same 30-day response window that applies to your answer and is set for a hearing. If the court denies the motion, you then file your answer under Mississippi Rule of Civil Procedure 12(a).
Yes, within limits. Under Mississippi Rule of Civil Procedure 55(c) the court may set aside an entry of default for good cause, and under Rule 60(b) it may relieve you from a default judgment. A motion based on fraud, mistake, or newly discovered evidence must be made within a reasonable time and not more than six months after the judgment. Act quickly, because the six-month outer limit is strict and the court weighs whether you have a meritorious defense.
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