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

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

In Vermont, a defendant served with a civil summons and complaint has 21 calendar days to file a written Answer with the Civil Division of the Superior Court under Vermont Rule of Civil Procedure 12(a)(1), counted from the date you received the summons. The deadline changes by track. Small claims is the common trap here: Vermont small claims is not appearance-only, and the official defendant instructions (form 100-00259) state you must answer the summons within 30 days by completing and returning the Answer to the court and a copy to the plaintiff, counted from the date the plaintiff mailed the summons and complaint. An eviction (ejectment) follows V.R.C.P. 80.1 and 9 V.S.A. 4467, where the tenant generally has 21 days after being served with the eviction complaint to file a written answer with the court. A response to a divorce or dissolution case is also due within 21 days from when you were served if served within Vermont, under the Vermont Rules for Family Proceedings applying V.R.C.P. 12(a). Vermont computes all four windows as calendar days, because every window is at least 21 days and well over any short-period threshold. If you do not respond, the clerk can enter your default under V.R.C.P. 55(a) and the court can enter a default judgment for what the complaint requests, which you can later ask the court to undo by filing a Motion to Set Aside Default Judgment within not more than one year under V.R.C.P. 60(b).

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

It depends on the track, and most cases run from the date you were served. For a general civil complaint, Vermont Rule of Civil Procedure 12(a)(1) gives you 21 calendar days after you receive the summons to file a written Answer with the Civil Division of the Superior Court. Small claims is longer and still requires a written Answer: under the official defendant instructions you must answer within 30 days, counted from the date the plaintiff mailed the summons. An eviction answer is due within 21 days after the eviction complaint is served, and a divorce response is due within 21 days when you are served within Vermont.

How do I respond to a civil summons in Vermont?

You respond by filing a written Answer with the clerk of the Superior Court unit named in the summons, then serving a copy on the plaintiff or the plaintiff's attorney under V.R.C.P. 5. Self-represented litigants can e-file through Odyssey File & Serve, file by email, or file in person or by mail, while attorneys must e-file. The Answer admits or denies each numbered allegation of the complaint and states your defenses, and there is no fee to file it.

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

If you do not respond by your deadline, the clerk can enter your default under Vermont Rule of Civil Procedure 55(a), which provides that when a party fails to plead or otherwise defend the clerk shall enter that party's default. The court can then enter a default judgment for what the complaint requests. You can ask the court to undo it by filing a Motion to Set Aside Default Judgment under V.R.C.P. 60(b) within not more than one year, by showing mistake, inadvertence, surprise, or excusable neglect.

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

Self-represented defendants can file an Answer themselves. Vermont publishes a fillable Answer form (100-00051), and you can also type your response as a pleading with the court, the parties, and the case caption formatted under V.R.C.P. 10(a). File it with the clerk of the Superior Court unit named in the summons, then serve a copy on the plaintiff. There is no fee to file an Answer in Vermont, and you can ask the court to waive other costs using the Application to Waive Filing Fees and Service Costs.

Vermont response framework at a glance

Vermont's response rules turn on which track your case is in, and the one that surprises defendants most is small claims, which requires a written Answer rather than just showing up. A general civil case in the Civil Division of the Superior Court is governed by Vermont Rule of Civil Procedure 12(a)(1), which directs the defendant to give or mail the plaintiff a written response called an Answer within 21 days of the date you received the summons. Vermont counts these as calendar days, because every track here runs at least 21 days, well over any short-period threshold, and Vermont's day-counting rule counts every day. Small claims is the trap. The official Small Claims Information and Instructions for Defendant (form 100-00259) states that you must answer the summons within 30 days by completing and returning the original Answer to the court and a copy to the plaintiff, counted from the date the plaintiff mailed the summons, and the same form warns that the judge may issue a default judgment against you for the amount of the plaintiff's claim if you do not. The eviction track follows V.R.C.P. 80.1 and 9 V.S.A. 4467, where the tenant generally has 21 days after being served with the eviction complaint to respond by filing a written answer with the court. A divorce or dissolution response is due within 21 days from when you were served if you are served within Vermont, under the Vermont Rules for Family Proceedings applying V.R.C.P. 12(a). Answers are filed with the clerk of the Superior Court unit named in the summons, and self-represented litigants may e-file through Odyssey File & Serve, file by email, or file in person or by mail. The Vermont Judiciary website at www.vtcourts.gov is the official source for the Answer form (100-00051), the Application to Waive Filing Fees and Service Costs (600-00228), and the court rules and instructions defendants need.

Court Resources

Vermont Judiciary. Suing and being sued in small claims

Official Vermont Judiciary page explaining the small claims process, the $10,000 dollar cap (with a $5,000 limit for consumer credit and medical debt), and how a defendant in the Civil Division of the Superior Court responds.

Vermont Judiciary Answer form (100-00051)

The official fillable Answer form a defendant can use to respond to a civil complaint in the Civil Division of the Superior Court, formatted to meet the caption requirements of V.R.C.P. 10(a).

Application to Waive Filing Fees and Service Costs (600-00228)

The official Vermont fee-waiver application a defendant can file based on public assistance, gross income at or below 150% of the federal poverty guidelines, or inability to pay without using resources needed to support yourself and your dependents.

Vermont Judiciary. Electronic filing (Odyssey File & Serve)

Official guidance on how Vermont accepts filings: self-represented litigants may e-file through Odyssey File & Serve, file by email, or file in person or by mail, while attorneys must e-file under V.R.E.F. Rule 3(a).

Relevant Laws

Vermont Rule of Civil Procedure 12(a)(1) (21-Day Answer to a Civil Complaint)

The official Vermont Superior Court civil Summons (form 100-00268) implements this rule and tells the defendant to give or mail the plaintiff a written response called an Answer within 21 days of the date the summons is received. This is the standard general civil answer deadline in Vermont.

Vermont Rules of Small Claims Procedure; 12 V.S.A. ch. 187 (30-Day Small Claims Answer)

The official Small Claims Information and Instructions for Defendant (form 100-00259) states that you must answer the summons within 30 days by completing and returning the original Answer to the court and a copy to the plaintiff. Vermont small claims requires a written Answer and is not appearance-only.

V.R.C.P. 80.1 and 9 V.S.A. 4467 (Eviction / Ejectment Response Window)

The official Vermont Judiciary eviction-process page explains that the tenant generally has 21 days after being served with the eviction complaint to respond by filing a written answer with the court. Vermont eviction requires a written answer, not an appearance only.

Vermont Rules for Family Proceedings applying V.R.C.P. 12(a) (Divorce Response)

The official Vermont Judiciary divorce-process page states that you have 21 days from when you were served with the papers starting the case to file a written response called an Answer with the court, when you are served within Vermont.

Vermont Rule of Civil Procedure 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 as provided by these rules, the clerk shall enter the party's default, opening the door to a default judgment.

Vermont Rule of Civil Procedure 60(b) (Setting Aside a Default Judgment)

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

12 V.S.A. 511 (Six-Year Statute of Limitations on Written Contracts)

Sets the general six-year limitations period that applies to most written-contract and debt claims in Vermont, a common affirmative defense to raise in an answer to a debt collection lawsuit.

Regional Variances

Answer deadline by case track in Vermont

General civil complaint (V.R.C.P. 12(a)(1))

21 calendar days from the date you received the summons to file a written Answer with the Civil Division of the Superior Court. This is the default civil deadline and the one most defendants are working against.

Small claims (Vermont Rules of Small Claims Procedure; 12 V.S.A. ch. 187)

30 calendar days to file a written Answer, counted from the date the plaintiff mailed the summons and complaint. Vermont small claims is not appearance-only, so a defendant who shows up without filing the written Answer can still be defaulted for the amount of the claim.

Eviction / ejectment (V.R.C.P. 80.1; 9 V.S.A. 4467)

21 calendar days after the eviction complaint is served to respond by filing a written answer with the court. The tenant must file a written answer to contest the eviction, not simply appear.

Divorce / dissolution response (Vermont Rules for Family Proceedings)

21 calendar days from when you were served with the papers starting the case, when you are served within Vermont, to file a written Answer with the Family Division. Missing it can let the case proceed by default.

Which Vermont court hears your case, by amount

Small Claims Court, Civil Division of the Superior Court

Hears claims up to $10,000, with a $5,000 limit for consumer credit and medical debt. The defendant must still file a written Answer within 30 days, not just appear at the hearing.

Civil Division of the Superior Court (general civil)

Handles civil claims exceeding $10,000. A written Answer is required within 21 days of receiving the summons, filed with the clerk of the Superior Court unit named in the summons. There is no fee to file the Answer.

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 21 calendar days from when you received the summons under V.R.C.P. 12(a)(1). Small claims requires a written Answer within 30 days, counted from the date the plaintiff mailed the summons. An eviction answer is due within 21 days after the eviction complaint is served under V.R.C.P. 80.1 and 9 V.S.A. 4467, and a divorce response is due within 21 days when you are served within Vermont. Vermont counts these as calendar days. Mark the exact due date on a calendar.

Identify your case track and the correct Superior Court unit

Within 2 days of service days after starting

Read the caption on the summons to confirm whether the case is small claims, general civil, eviction, or family. The track decides your deadline and which form you use. Confirm the Superior Court unit named in the summons, because that is the clerk's office 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, lack of jurisdiction over the subject matter or the person, improper venue, insufficiency of process or of service of process, or failure to state a claim. In debt cases, check the six-year written-contract limitations period under 12 V.S.A. 511. Under V.R.C.P. 13, a compulsory counterclaim that arises out of the same transaction must be stated in your Answer or you can lose the right to assert it later.

Draft the answer in the correct caption and format

Before the answer deadline days after starting

Respond to each numbered allegation by admitting it, denying it, or stating you lack enough information to admit or deny, then state your affirmative defenses. Vermont publishes a fillable Answer form (100-00051) you can use, or you can type the response as a pleading with the court, the parties, and the case number in a caption formatted under V.R.C.P. 10(a).

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 Superior Court unit named in the summons. Self-represented litigants may e-file through Odyssey File & Serve, file by email, or file in person or by mail, while attorneys must e-file under V.R.E.F. Rule 3(a). There is no fee to file an Answer in Vermont.

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 under V.R.C.P. 5, usually by mail, or by electronic service if they are registered in Odyssey. Keep proof of how and when you served the copy, because an answer that is filed but not served on the other side can be challenged.

Request a fee waiver if you cannot afford court or service costs

At the time of filing days after starting

There is no fee to file an Answer in Vermont, but if your case involves other court costs or service costs you cannot afford, file the Application to Waive Filing Fees and Service Costs (form 600-00228). Eligibility is based on receiving public assistance, having gross income at or below 150% of the federal poverty guidelines, or being unable to pay without using resources needed to support yourself and your dependents.

Calendar every hearing and follow-up date the court sets

As set by the court days after starting

Calendar every date the court sets, including any small claims hearing and any status or pretrial 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.

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. Vermont publishes a fillable Answer form (100-00051) you can use, or you can type the response as a pleading with the court, the parties, and the case number in a caption formatted under V.R.C.P. 10(a). Common affirmative defenses include the statute of limitations, lack of jurisdiction, improper venue, insufficiency of service of process, and failure to state a claim.

File your written Answer with the clerk of the Superior Court unit named in the summons within 21 calendar days of receiving the summons under V.R.C.P. 12(a)(1). Self-represented litigants can e-file through Odyssey File & Serve, file by email, or file in person or by mail, and attorneys must e-file. Serve a copy on the plaintiff or the plaintiff's attorney under V.R.C.P. 5. There is no fee to file an Answer in Vermont.

Under V.R.C.P. 55(a), once you fail to plead or otherwise defend, the clerk shall enter your default, and the court can enter a default judgment for what the complaint requests. You can file a Motion to Set Aside Default Judgment under V.R.C.P. 60(b) within not more than one year, by showing mistake, inadvertence, surprise, or excusable neglect under V.R.C.P. 60(b)(1). Act quickly, because the one-year outer limit is firm and a shorter reasonable-time standard can also apply.

Often yes. Parties commonly agree in writing to extend the response deadline, and you can ask the court for more time before the deadline passes. Filing a pre-answer motion under V.R.C.P. 12(b), such as a motion challenging jurisdiction or service, can also change when your Answer is due. 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.

There is no fee to file an Answer in Vermont, so responding on time does not require paying a filing fee. If your case involves other court costs or service costs you cannot afford, you can file the Application to Waive Filing Fees and Service Costs (form 600-00228). Eligibility is based on receiving public assistance, having gross income at or below 150% of the federal poverty guidelines, or being unable to pay without using resources needed to support yourself and your dependents.

Yes. Insufficiency of process and insufficiency of service of process are recognized defenses in Vermont, and you can raise them in your Answer or by a pre-answer motion under V.R.C.P. 12(b). If service did not follow the rules, the court may lack personal jurisdiction over you and the time to answer may not have started to run correctly. Raise a service problem promptly rather than ignoring the case, because ignoring it still risks a default.

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 a written contract under 12 V.S.A. 511, 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 party served within Vermont with a divorce or dissolution complaint and summons has 21 days from when you were served to file a written response called an Answer with the court, under the Vermont Rules for Family Proceedings applying V.R.C.P. 12(a). You file your response with the Family Division of the Superior Court. Missing the 21-day window can let the case proceed by default and let the court decide property, support, and parental-rights issues without your input.

Vermont uses a pre-answer motion under V.R.C.P. 12(b) in place of a federal-style motion to dismiss. You can move to dismiss for reasons such as lack of jurisdiction over the subject matter or the person, improper venue, insufficiency of process or of service of process, or failure to state a claim upon which relief can be granted. You file the motion within the same response window that applies to an Answer, and if the court denies it you then file your Answer.

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