How to Respond to a Lawsuit in Ohio: Answer a Summons (2026)
Reviewed by DocDraft Legal Team. Ohio. Last updated 2026-06-02
In Ohio, a defendant served with a civil summons and complaint has 28 calendar days to file a written answer under Ohio Civ.R. 12(A)(1). The window changes by track. Small claims requires no written answer at all because the defendant simply appears at the hearing under Ohio Rev. Code § 1925.05, and an eviction (forcible entry and detainer) likewise needs no written answer because the tenant raises defenses at the eviction hearing, which is set at least 7 calendar days after the summons is served under Ohio Rev. Code § 1923.061. A response to a divorce or dissolution complaint is due within 28 calendar days under Ohio Civ.R. 75(A) and 12(A)(1). If you miss your deadline, the plaintiff can ask the court to enter a default judgment against you under Ohio Civ.R. 55(A), which you can later ask the court to undo by filing a Motion for Relief from Judgment within one year under Ohio Civ.R. 60(B)(1).
How long do I have to respond to a lawsuit in Ohio?
It depends on the type of case. For a general civil complaint, Ohio Civ.R. 12(A)(1) gives you 28 calendar days after the summons and complaint are served to file a written answer. Small claims requires no written answer; you appear at the hearing instead under Ohio Rev. Code § 1925.05. An eviction also has no written answer deadline, because you present your defenses at the hearing, which is set at least 7 calendar days after service under Ohio Rev. Code § 1923.061.
How do I respond to a civil summons in Ohio?
You respond by filing a written answer with the clerk of the court named in the summons caption, then serving a copy on the plaintiff or the plaintiff's attorney and including a certificate of service under Ohio Civ.R. 5(B). Some counties require electronic filing, so check the local rule under Ohio Civ.R. 5(E). The answer admits or denies each numbered allegation in the complaint and states your affirmative defenses.
What happens if I don't answer a summons in Ohio?
If you do not respond by your 28-day deadline, the plaintiff can apply to the court for a default judgment under Ohio Civ.R. 55(A). The court can then enter a judgment granting what the complaint requests. You may ask the court to undo it by filing a Motion for Relief from Judgment within one year under Ohio Civ.R. 60(B)(1), by showing mistake, inadvertence, surprise, or excusable neglect.
How do I answer a summons without an attorney in Ohio?
Self-represented defendants can file an answer themselves. Ohio has no statewide mandated answer form, so you type your answer with a caption that follows Ohio Civ.R. 10(A), naming the court, the parties, and the case number from the summons. Respond to each numbered allegation, list your defenses, file the answer with the clerk within 28 calendar days, and serve the plaintiff. There is usually no fee for a standalone answer.
Ohio response framework at a glance
Ohio's response rules turn first on which track your case is in. A general civil complaint is governed by Ohio Civ.R. 12(A)(1), which directs the defendant to serve a written answer within 28 calendar days after service of the summons and complaint. Small claims is different. Under Ohio Rev. Code § 1925.05 a defendant is not required to file an answer or statement of defense, so a small claims defendant files no written pleading and simply appears at the scheduled hearing. Eviction follows the same no-written-answer pattern: under Ohio Rev. Code § 1923.061 any defense may be asserted at trial, and the eviction hearing is set at least 7 calendar days after the summons is served, which is when the tenant presents defenses in person. A response to a divorce or dissolution complaint is due within 28 calendar days under Ohio Civ.R. 75(A) read together with Civ.R. 12(A)(1). Answers are filed with the clerk of the court named in the summons caption, served on the plaintiff under Ohio Civ.R. 5(B), and captioned under Ohio Civ.R. 10(A) because there is no statewide mandated answer form. The Supreme Court of Ohio website at www.supremecourt.ohio.gov is the official source for the Rules of Civil Procedure and the Form 20 civil fee-waiver affidavit, and Ohio Legal Help at www.ohiolegalhelp.org walks defendants through responding to a lawsuit.
Court Resources
Supreme Court of Ohio. Ohio Rules of Civil Procedure
Official judicial-branch publication of the Ohio Rules of Civil Procedure, including Civ.R. 12(A)(1), which sets the 28-day answer deadline, and Civ.R. 55 and 60(B) on default judgment and relief from judgment.
Ohio Legal Help. Responding to a lawsuit
Plain-language self-help guidance from Ohio's statewide legal-information service, explaining how to answer a civil complaint, calculate your deadline, and avoid a default judgment, with court forms and a court-finder tool.
Supreme Court of Ohio Form 20 (Civil Fee Waiver Affidavit and Order)
The official affidavit a defendant can file instead of prepaying court costs, available where household income is at or below 187.5% of the Federal Poverty Level or expenses exceed income.
Relevant Laws
Ohio Civ.R. 12(A)(1) (28-Day Answer to a Civil Complaint)
Directs that the defendant shall serve an answer within 28 calendar days after service of the summons and complaint. This is the standard general civil answer deadline in Ohio and the one most defendants are working against.
Ohio Rev. Code § 1925.05 (No Written Answer in Small Claims)
Provides that a defendant in small claims is not required to file an answer or statement of defense, so a small claims defendant files no written pleading and simply appears at the scheduled hearing.
Ohio Rev. Code § 1923.061 (Eviction Defenses Raised at Trial)
Provides that any defense in a forcible entry and detainer (eviction) action may be asserted at trial. No written answer is required; the tenant presents defenses at the eviction hearing, which is set at least 7 calendar days after service of the summons.
Ohio Civ.R. 55(A) (Default Judgment)
Provides that when a party has failed to plead or otherwise defend, the party entitled to a judgment by default may apply to the court for it, opening the door to a default judgment against a defendant who does not answer.
Ohio Civ.R. 60(B)(1) (Relief From Judgment)
Allows a court to relieve a party from a final judgment for mistake, inadvertence, surprise, or excusable neglect, on a motion filed within a reasonable time and not more than one year in calendar days after the judgment was entered.
Ohio Civ.R. 13(A) (Compulsory Counterclaim)
Requires a defendant to plead any claim against the plaintiff that arises out of the same transaction or occurrence as the plaintiff's claim, or lose the right to assert it later. Unrelated claims may be raised as permissive counterclaims.
Ohio Rev. Code § 2305.06 (Six-Year Limit on Written Contracts)
Sets the statute of limitations for an action on a written contract at six years in Ohio, a key defense to check in debt-collection lawsuits before filing your answer.
Ohio Rev. Code § 2323.311 (Civil Fee Waiver)
Authorizes a court to waive the prepayment of court costs and fees for a party who files an affidavit of indigency, with eligibility based on income at or below 187.5% of the Federal Poverty Level or expenses that exceed income.
Regional Variances
Answer deadline by case track in Ohio
General civil complaint (Ohio Civ.R. 12(A)(1))
28 calendar days after the summons and complaint are served on the defendant to serve a written answer. This is the default civil deadline and the one most defendants are working against. It is longer than the 20-day or 21-day windows many other states use, so a number you read for another state will not apply here.
Small claims (Ohio Rev. Code § 1925.05)
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.
Eviction / forcible entry and detainer (Ohio Rev. Code § 1923.061)
No written answer is required. Defenses may be asserted at trial, and the eviction hearing is set at least 7 calendar days after the summons is served. The short hearing window means eviction defendants must prepare fast even without a written-answer deadline.
Divorce / dissolution response (Ohio Civ.R. 75(A) and 12(A)(1))
28 calendar days after service of the summons and complaint to file a responsive pleading and serve a copy on the other party. Missing it can let the divorce proceed by default.
Which Ohio court hears your case, by amount
Small Claims Division of the Municipal or County Court
Hears claims up to the small-claims dollar cap of $6,000. No written answer is required and the defendant appears at the hearing.
Municipal Court (general civil)
Handles general civil cases up to $15,000. A written answer is required within 28 calendar days under Ohio Civ.R. 12(A)(1).
Court of Common Pleas
Handles general civil cases over $15,000, plus domestic relations matters. A written answer is required within 28 calendar days, and divorce or dissolution responses follow the same 28-day window under Ohio Civ.R. 75(A).
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 28 calendar days under Ohio Civ.R. 12(A)(1). A divorce or dissolution response is due in 28 calendar days under Ohio Civ.R. 75(A) and 12(A)(1). Small claims requires no written answer; you appear at the hearing under Ohio Rev. Code § 1925.05. An eviction requires no written answer either; you raise defenses at the hearing set at least 7 calendar days after service under Ohio Rev. Code § 1923.061. Mark the exact due 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 small claims (up to $6,000), general civil in Municipal Court (up to $15,000), in the Court of Common Pleas (over $15,000), an eviction, or a domestic relations matter. The track decides your deadline, the court, and whether a written answer is even required. Confirm the court named in the summons caption, 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 under Ohio Civ.R. 8(C), such as the statute of limitations, payment, accord and satisfaction, fraud, release, or res judicata. In debt cases, check the six-year written-contract limitations period under Ohio Rev. Code § 2305.06. If you have claims against the plaintiff arising from the same transaction, you must plead them as a compulsory counterclaim under Ohio Civ.R. 13(A) or you may 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. Ohio has no statewide mandated answer form, so caption the document under Ohio Civ.R. 10(A) with the court, the parties, and the case number exactly as they appear on the summons. Include a certificate of service at the end.
File the answer with the clerk of the correct court
On or before the answer deadline days after startingFile with the clerk of the court named in the summons caption within 28 calendar days. You can file in person, by mail, or via mandatory e-filing depending on your county's local rules under Ohio Civ.R. 5(E). In most Ohio counties there is no filing fee for a standalone answer, though fees apply if you also file counterclaims.
Serve the plaintiff and include a certificate of service
With or promptly after filing days after startingServe a copy of the filed answer on the plaintiff or the plaintiff's attorney, typically by mail, hand delivery, or email, under Ohio Civ.R. 5(B), and include a certificate of service stating how and when you served it. An answer that is filed but not served, or served without a certificate of service, can be challenged.
Request a fee waiver if you cannot afford court costs
At the time of filing days after startingIf fees apply to your filing and your income is at or below 187.5% of the Federal Poverty Level or your expenses exceed your income, file Supreme Court Form 20, the Civil Fee Waiver Affidavit, with your answer under Ohio Rev. Code § 2323.311. Submitting the affidavit lets you file on time without prepaying costs while the court reviews your eligibility.
Appear at the hearing or pretrial conference
As set by the court days after startingCalendar every date the court sets, including the small claims hearing and the eviction hearing (where no written answer is filed) and any pretrial or 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 hearing 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 is due in 28 calendar days under Ohio Civ.R. 12(A)(1). A divorce or dissolution response is due in 28 calendar days under Ohio Civ.R. 75(A) and 12(A)(1). Small claims requires no written answer; you appear at the hearing under Ohio Rev. Code § 1925.05. An eviction requires no written answer either; you raise defenses at the hearing set at least 7 calendar days after service under Ohio Rev. Code § 1923.061. Mark the exact due 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 small claims (up to $6,000), general civil in Municipal Court (up to $15,000), in the Court of Common Pleas (over $15,000), an eviction, or a domestic relations matter. The track decides your deadline, the court, and whether a written answer is even required. Confirm the court named in the summons caption, 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 under Ohio Civ.R. 8(C), such as the statute of limitations, payment, accord and satisfaction, fraud, release, or res judicata. In debt cases, check the six-year written-contract limitations period under Ohio Rev. Code § 2305.06. If you have claims against the plaintiff arising from the same transaction, you must plead them as a compulsory counterclaim under Ohio Civ.R. 13(A) or you may 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. Ohio has no statewide mandated answer form, so caption the document under Ohio Civ.R. 10(A) with the court, the parties, and the case number exactly as they appear on the summons. Include a certificate of service at the end. | 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 caption within 28 calendar days. You can file in person, by mail, or via mandatory e-filing depending on your county's local rules under Ohio Civ.R. 5(E). In most Ohio counties there is no filing fee for a standalone answer, though fees apply if you also file counterclaims. | - | On or before the answer deadline |
| Serve the plaintiff and include a certificate of service | Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney, typically by mail, hand delivery, or email, under Ohio Civ.R. 5(B), and include a certificate of service stating how and when you served it. An answer that is filed but not served, or served without a certificate of service, can be challenged. | - | With or promptly after filing |
| Request a fee waiver if you cannot afford court costs | If fees apply to your filing and your income is at or below 187.5% of the Federal Poverty Level or your expenses exceed your income, file Supreme Court Form 20, the Civil Fee Waiver Affidavit, with your answer under Ohio Rev. Code § 2323.311. Submitting the affidavit lets you file on time without prepaying costs while the court reviews your eligibility. | - | At the time of filing |
| Appear at the hearing or pretrial conference | Calendar every date the court sets, including the small claims hearing and the eviction hearing (where no written answer is filed) and any pretrial or 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 hearing 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 you lack enough information to admit or deny, and then lists your affirmative defenses. Ohio has no statewide mandated answer form, so you type the answer with a caption that follows Ohio Civ.R. 10(A), naming the court, the parties, and the case number exactly as they appear on the summons. File it with the clerk within 28 calendar days of service.
File your written answer with the clerk of the court named in the summons within 28 calendar days of service under Ohio Civ.R. 12(A)(1). Serve a copy on the plaintiff or the plaintiff's attorney, typically by mail, hand delivery, or email, and include a certificate of service under Ohio Civ.R. 5(B). In most Ohio counties there is no filing fee for a standalone answer, though fees apply if you also file counterclaims.
Under Ohio Civ.R. 55(A), if you fail to plead or otherwise defend, the plaintiff can apply to the court for a default judgment for what the complaint requests. You can file a Motion for Relief from Judgment under Ohio Civ.R. 60(B)(1) to ask the court to set it aside by showing mistake, inadvertence, surprise, or excusable neglect. This motion must be filed within a reasonable time and, on these grounds, not more than one year in calendar days after the judgment was entered.
Often yes. Parties commonly agree in writing to extend the answer deadline, and you can ask the court for more time by filing a motion for an extension under Ohio Civ.R. 6(B) before the 28 calendar days run out. Filing certain pre-answer motions under Ohio Civ.R. 12, such as a motion to dismiss, also changes the answer timeline. Get any extension in writing or on the docket, because the default clock keeps running until the court grants more time or you file a response.
A standalone answer usually carries no filing fee in most Ohio counties, but if fees apply, such as when you file counterclaims, you can ask the court to waive them. Ohio's fee waiver is requested on Supreme Court Form 20, the Civil Fee Waiver Affidavit, and eligibility is based on income at or below 187.5% of the Federal Poverty Level or expenses that exceed your income under Ohio Rev. Code § 2323.311. Submitting the affidavit lets you file on time while the court reviews it.
Yes. Insufficiency of service of process is a recognized defense in Ohio and can be raised by motion under Ohio Civ.R. 12(B) or as a defense in your answer. If service did not follow the rules, the court may not have personal jurisdiction over you, and your 28-day clock may not have started. Raise a service problem promptly rather than ignoring the case, because ignoring a defective summons still risks a default judgment you would then have to move to set aside.
Common affirmative defenses under Ohio Civ.R. 8(C) include the statute of limitations, payment, accord and satisfaction, fraud, release, res judicata, estoppel, and discharge in bankruptcy. To assert your own claims against the plaintiff, you file a counterclaim. Under Ohio Civ.R. 13(A), a counterclaim arising out of the same transaction or occurrence as the plaintiff's claim is compulsory, meaning you must raise it in your answer or you may lose it.
Respond the same way as any civil complaint: file a timely answer within 28 calendar days that admits or denies each allegation and raises your defenses. In debt cases, check the six-year statute of limitations for written contracts under Ohio Rev. Code § 2305.06 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 defendant served with a divorce or dissolution complaint and summons has 28 calendar days to file a responsive pleading and serve a copy on the other party under Ohio Civ.R. 75(A) and 12(A)(1). You file your answer with the Domestic Relations Division of the Court of Common Pleas named in the summons. Missing the 28-day window can let the case proceed by default and let the court decide property, support, and parenting issues without your input.
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