If you’ve received a court summons and feel tempted to ignore it — don’t. A court summons is not just a formal letter. It’s a legal command that requires your response. Ignoring it can quickly escalate a minor issue into a serious legal and financial problem.
Whether the summons is for small claims, debt collection, a civil lawsuit, or even jury duty, your response matters. Here’s what you need to know — in plain language — about what a court summons is, what happens if you ignore it, and how to take action the right way.
What Is a Court Summons?
A court summons is an official legal document issued by a court. It notifies you that a legal action has been filed against you or that your appearance in court is required.
Common types of summonses:
- Civil Summons: Notifies you of a lawsuit (e.g., for unpaid debt, breach of contract, or personal injury).
- Criminal Summons: Orders you to appear on a specific date for alleged criminal conduct.
- Jury Summons: Requires you to report for jury duty.
- Administrative Summons: Issued by a government agency for tax or regulatory issues.
A summons is typically served in person, by mail, or by a process server. It includes key information such as:
- The names of the parties involved
- The case number
- The deadline to respond
- The court’s name and location
What Happens If You Ignore a Court Summons?
Ignoring a summons doesn’t make the issue disappear. In most cases, it makes things worse. Here’s what can happen depending on the type of summons:
1. You Could Lose the Case by Default
If the summons is for a civil lawsuit and you fail to respond by the deadline, the other party can request a default judgment. That means the court can rule in their favor automatically, without hearing your side.
Example: If a credit card company sues you for an unpaid balance and you don’t answer the summons, the court may order you to pay the full amount — even if you had a valid defense.
2. You May Face Wage Garnishment or Asset Seizure
Once a default judgment is entered, the creditor or plaintiff can take steps to collect. That might include:
- Garnishing your wages
- Freezing your bank account
- Placing a lien on your property
Each state has its own rules about how much can be taken and what assets are protected.
3. You Could Be Held in Contempt of Court
If you’re summoned for jury duty or as a witness and ignore it, the court can issue a bench warrant for your arrest or fine you for contempt. This doesn’t mean you’ll be arrested immediately — but it creates a serious legal risk.
In criminal matters, failure to appear can result in additional charges or a warrant.
4. It Can Damage Your Credit or Record
Civil judgments can be reported to credit bureaus and appear on your credit report. This can hurt your ability to rent housing, get loans, or find employment — even years later.
If the matter is criminal and you fail to appear, you may also face a criminal record.
Timelines Matter: Know Your Deadlines
Every summons includes a specific deadline to respond — often within 20 to 30 days from the date of service. The clock starts ticking the moment you are officially served.
If you miss this deadline, your options to respond or defend yourself become very limited. Some courts may allow you to file a motion to set aside a default judgment, but that’s not guaranteed.
How to Respond to a Court Summons
Here’s what to do if you receive a summons:
1. Read It Carefully
Note:
- The court date or response deadline
- The name of the court and parties involved
- What you’re being asked to do (e.g., file an answer, appear in court)
2. Don’t Panic — But Don’t Delay
Mark the deadline on your calendar. Delaying just a few days too long can cost you the chance to respond effectively.
3. Seek Legal Help If You’re Unsure
Many states have free or low-cost legal aid services. Even if you can’t afford a lawyer, some offer consultations or help filling out forms.
4. Respond in Writing (If Required)
Most civil summonses require a written Answer — your official response to the lawsuit. If you don’t file it, the court assumes you’re not contesting the claim.
5. Show Up in Court
If the summons includes a date to appear in person, go — even if you don’t have a lawyer. Missing your court date will not stop the case; it will only hurt your position.
Can You Challenge or Delay a Summons?
In some cases, yes. You might be able to:
- File a motion to dismiss if the summons was improperly served or lacks legal merit.
- Request a continuance if you need more time to prepare.
- Negotiate a settlement with the other party outside of court.
But none of these options are available if you simply ignore the summons.
Tips to Protect Yourself
- Keep your address up to date with DMV and other agencies so you don’t miss important mail.
- Save all paperwork related to the summons, including the envelope and postmark.
- Document how and when you received the summons — it may matter later.
FAQ Section
1. Can I ignore a summons if I don’t owe the debt or did nothing wrong?
No. Ignoring it won’t make the case go away. Even if you believe you have a strong defense, you must respond properly. Otherwise, the court may rule against you by default.
2. What if I never got the summons?
Improper service is a valid defense — but only if you raise it quickly. If you find out a judgment was entered without your knowledge, consult an attorney to see if you can have it set aside.
3. Can I call the court instead of responding in writing?
No. Phone calls do not count as a legal response. You must follow the written procedures in the summons — usually by filing an Answer with the court clerk.
4. Will I go to jail for ignoring a civil summons?
Not typically — but you may lose the case and face collection actions. In criminal cases or jury summons situations, however, ignoring it could lead to a warrant or additional charges.
5. Can I respond to a summons without a lawyer?
Yes, but it depends on the complexity of the case. In small claims court, people often represent themselves. For anything serious (e.g., eviction, large debts, or family court), speaking with an attorney is strongly recommended.
