Civil Litigation & Business Disputes
How to Respond to a Lawsuit in Pennsylvania
Last updated June 2026
You have been served with a lawsuit. Your heart is racing. This feels like an emergency. It is not. You have time, deadlines, and options. Here is what happens next and what you need to do.
Being served with a lawsuit is terrifying. Someone is formally accusing you of wrongdoing and asking a court to order you to pay money or perform an action. Your instinct might be to panic, ignore it, or fire back an angry response.
Do not do that. This is a legal process, not an emergency. It has rules, deadlines, and options. You have time to think, consult an attorney, and respond properly. The worst thing you can do is ignore the papers or respond without legal advice.
Before you have to respond, you must be properly served with the complaint. Service means the lawsuit papers are delivered to you by one of these methods:
Personal delivery: A process server or sheriff hands you the papers directly. You sign an acknowledgment or they leave them with you.
Authorized agent: The papers are delivered to someone authorized to receive them on your behalf (your secretary, a family member at your business address, etc.).
Posting and mail: The papers are posted on your property and mailed to you if personal service cannot be made (rare, and the court has to authorize it).
Service of original process has to comply with the Pennsylvania Rules of Civil Procedure governing service (Pa.R.Civ.P. 400-441; the manner of service is set out in Rule 402, and alternative service by special order of court is governed by Rule 430). If the service was improper, you might be able to challenge it. That is a conversation for your attorney.
When the complaint is served with a notice to defend or endorsed with a notice to plead (as it almost always is), you have 20 days from service to respond (Pa.R.Civ.P. 1026). The count starts the day after service. If you are served on April 3, your deadline is April 23. If April 23 is a Saturday, your deadline extends to Monday, April 25.
This deadline is firm. Missing it has catastrophic consequences.
When you respond, you have three basic choices.
Option One: File an Answer. An Answer admits, denies, or says you lack knowledge of each allegation in the complaint. You also assert any affirmative defenses (like statute of limitations, contributory negligence, or accord and satisfaction). You can include counterclaims if the plaintiff's actions also harmed you.
An Answer is the standard response. You are engaging with the lawsuit and defending yourself. You are not rolling over, but you are also not trying to throw the complaint out before addressing the merits.
Option Two: File Preliminary Objections. A Preliminary Objection challenges the legal sufficiency of the complaint without addressing the facts. You are telling the court the complaint does not state a valid claim as a matter of law, or it is procedurally defective in some way. Common objections include: the complaint is factually insufficient, lacks jurisdiction, violates the rules on pleading, or names the wrong defendant.
Preliminary Objections are filed on the same 20-day deadline. If you file them, you are not filing an Answer yet. The court rules on the objections first. If the court agrees, the complaint might be dismissed and you never have to file an Answer. If the court denies your objections, you then have to file an Answer within twenty days after notice of the court's order (Pa.R.Civ.P. 1028(e)), unless the court fixes a different time.
Preliminary Objections are powerful if the complaint is truly defective, but they are also a gamble. If you lose, you have delayed your Answer and you are now on a shortened deadline to file it.
Option Three: Do Nothing. This is the worst option. If you do not respond within 20 days, the plaintiff can move toward a default judgment. A default judgment cannot be entered the moment day 20 passes, though. Under Pa.R.Civ.P. 237.1, the plaintiff must first serve you with a written 10-day notice of intent to take a default judgment, giving you at least 10 more days to file a responsive pleading before judgment can be entered. That extra notice is mandatory and cannot be waived, but you should not count on it as a safety net. A default judgment means the court assumes everything in the complaint is true and orders you to do exactly what the plaintiff asked (pay the claimed damages, perform the demanded action, etc.) without hearing your side. You have lost before your case even starts.
A default judgment is a court order entered against you because you failed to respond on time. It is not a judgment on the merits. It is a judgment by default. And it is final unless you can convince the court to set it aside (which is difficult).
Once a default judgment is entered, the plaintiff can enforce it by garnishing your wages, placing a lien on your property, or attaching your bank accounts. The judgment will remain on your record and affect your credit for years.
To avoid a default judgment, you must file a responsive pleading (Answer or Preliminary Objections) within the 20-day deadline. Do not miss this deadline.
As soon as you are served, call an attorney. Do not wait five days. Call the same day or the next morning. A good attorney can review the complaint, advise on your options, and draft a response within days.
Look for a lawyer experienced in the type of lawsuit: contract disputes, personal injury, business disputes, property disputes, etc. Call Ballow & Lynde PLLC at 215-949-0888. We handle litigation in Bucks County and southeastern Pennsylvania.
In your first call, have the complaint in front of you. Tell the attorney: Who is suing you, what are they claiming, and what are they asking the court to order? The attorney will assess the claim, estimate the legal costs, and outline your options.
Bring everything related to the dispute:
The complaint itself and any other court papers you have received.
Any contracts, agreements, or written communications with the plaintiff or about the subject matter of the lawsuit.
Emails, text messages, or correspondence related to the dispute.
Any insurance policies that might provide coverage for the claim (homeowner's insurance, general liability insurance, business insurance, etc.).
Documentation of damages or harm the plaintiff claims you caused, if you have it.
Witness names and contact information if anyone saw the events at issue.
Photos, receipts, or other evidence supporting your side.
The attorney will use all of this to assess your case and start building a defense.
Defending a lawsuit costs money. Budget for attorney fees ($150-$350+ per hour depending on complexity and experience), paralegal time, court filing fees, service fees, and expert witness fees if needed.
A straightforward contract dispute might cost $3,000 to $8,000 to defend through settlement or early dismissal. A complex business dispute might run $15,000 to $50,000+ if it goes to trial.
Your insurance might cover the costs if the claim falls within your policy (liability insurance, professional liability insurance, etc.). Check your policies immediately and give them to your attorney. The insurance company may hire counsel to defend you at no cost to you.
Many attorneys will work on an hourly basis with monthly billing. Some will offer a flat fee for specific services. Discuss fee arrangements with your lawyer before retaining them.
Once you file an Answer or Preliminary Objections, the lawsuit moves forward. Discovery begins (the process of exchanging documents and information with the plaintiff). Depositions might be scheduled. Settlement discussions may follow.
Your attorney will guide you through each step. The goal is to resolve the case favorably, either by negotiation, dismissal, or trial if necessary.
Day 1 (the moment you are served): Photograph the papers and send them to an attorney. Call to schedule a consultation. Do not wait.
Day 2-3: Meet with your attorney. Bring all documents related to the dispute. Discuss the claims, your defense, and options.
Day 4-10: Your attorney drafts your Answer or Preliminary Objections and files it with the court before the 20-day deadline.
Day 11+: You are no longer in default. The lawsuit proceeds on the normal track.
This timeline assumes you act immediately. Delay and you will scramble to meet the deadline.
You have been served with a lawsuit. Take these steps today:
1. Read the complaint carefully. Understand what you are being accused of.
2. Call an attorney. Tell them you have been served and you need a consultation within 24 hours.
3. Gather all documents related to the dispute: contracts, emails, correspondence, insurance policies, evidence.
4. Do not post about it on social media. Do not discuss it with coworkers. Do not respond to the plaintiff's attorney directly. Let your attorney handle communication.
5. Mark your calendar 15 days from service as a checkpoint to confirm your response is filed. Do not rely on memory.
Call Ballow & Lynde PLLC at 215-949-0888. We handle litigation for individuals and businesses in Bucks County and southeastern Pennsylvania. We will review your case, explain your options, and guide you through the lawsuit. The sooner you call, the better we can help.
Related: The Pleadings: How a Lawsuit Starts and Ends | Discovery: A Plain Language Guide | Judgment Collection: The Hard Truth
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