What Happens If I Fail to Respond to a Complaint? (California and Federal Courts Explained)
Receiving a lawsuit can feel overwhelming and even frightening. Whether you’re sued in California state court or federal court, responding promptly is essential. If you ignore a complaint or miss your response deadline, the court may enter your default, and you could lose important rights—often without ever getting a chance to tell your side of the story.
What "Default" Means in Civil Litigation
When someone is served with a complaint, California law gives you 30 days to file your answer or responsive pleading (Cal. Civ. Proc. Code § 412.20(a)(3)). In federal court, you typically have 21 days to respond (Fed. R. Civ. P. 12(a)). Failing to respond on time allows the plaintiff to ask the court to "enter default" against you. This event is serious: the court will bar you from making arguments, presenting evidence, or contesting the plaintiff's claims. In effect, you lose your voice in the litigation.
The formal “entry of default” can take place with or without advance warning. Some courts may send notice, while in others, you might not know until the plaintiff moves forward. If a default is entered, the plaintiff is likely to pursue a default judgment—an official court order awarding what they asked for in the lawsuit.
What Is a Default Judgment and Why Does It Matter?
Default judgment is the court’s final order granting the relief described in the plaintiff’s complaint (Cal. Civ. Proc. Code §§ 585, 586; Fed. R. Civ. P. 55). For defendants, this could mean owing money, transferring property, or being compelled to take or refrain from certain actions. Unlike a contested trial, the judge likely won’t scrutinize the claims in detail or consider your side. Once entered, the judgment allows the plaintiff to use the full force of the law to collect—through wage garnishments, bank levies, property liens, and more. The judgment may also appear on your credit report, making future borrowing much harder.
In some situations, such as eviction cases or business disputes, default judgment can mean losing your home, your assets, or even your business. Simply put, the stakes are high and the consequences long-lasting.
Can You Set Aside a Default or Default Judgment?
If you act quickly after missing a deadline, there are legal avenues for undoing both an entry of default and a default judgment—but the requirements and timelines are strict.
California Procedure:
You can seek relief from both entry of default and default judgment under Code of Civil Procedure § 473(b). To succeed, you’ll need to show “mistake, inadvertence, surprise, or excusable neglect”—in other words, a valid reason why you missed your deadline that wasn't entirely your fault. The request must typically be filed within six months, either of the entry of default or the judgment. Courts tend to be more lenient with setting aside default than default judgment—even then, explaining your situation clearly and filing a proposed answer or responsive pleading is critical.
Federal Procedure:
Federal courts allow you to set aside entry of default for “good cause” under Rule 55(c), which may include simple oversight, confusion, or genuine efforts to respond. Once a default judgment is entered, you must meet one of the criteria in Rule 60(b): excusable neglect, newly discovered evidence, fraud, or similar grounds. Here, the timeline can be as short as one year (Fed. R. Civ. P. 60(c)(1)). Acting immediately keeps your chances alive.
Practical Steps If You’ve Missed the Deadline
If you realize you're late in responding, or discover that default has been entered, don’t ignore the problem. Here’s what you should do:
Contact a litigation attorney (like myself) right away. Time is critical and professional guidance is invaluable.
Review all paperwork from the court and the plaintiff. Determine whether a default or default judgment has been entered, and the timeline involved.
Gather evidence supporting your request for relief. Valid grounds might include not being properly served, medical emergencies, travel, or confusion about deadlines.
Work with your attorney to prepare a motion to set aside default or default judgment. This motion should include all relevant facts, legal arguments, and ideally a proposed answer to the complaint.
File quickly. Many courts have little sympathy for late filings, even with good cause. Acting fast demonstrates respect for the process and improves your credibility.
If you’re unable to set aside the default, you may still try negotiating a settlement with the plaintiff, but your bargaining position is much weaker after judgment.
Why Many Litigants Miss Deadlines
People miss lawsuit deadlines for many reasons—misplacing paperwork, misunderstanding court requirements, traveling, illness, or even emotional distress. In some cases, the court papers may not have been served correctly. In others, the lawsuit itself may come as a surprise. No matter the reason, the key is not to give up or delay further; prompt action is your best hope for reopening the case and protecting your interests.
How to Avoid Problems: Prevention and Awareness
The best way to avoid default is to pay close attention to any legal papers you receive. Keep all documents organized, mark response deadlines on your calendar, and don’t wait until the last minute to act. If you’re confused about any aspect, reach out to an attorney or the court for guidance. Courts are unforgiving when it comes to missing deadlines—but are often willing to help litigants who show genuine effort and quick response.
Conclusion
Default and default judgments are among the most serious pitfalls in civil litigation. They can be devastating, but solutions may be available for those who act swiftly, honestly, and with professional support. Understanding your rights in California and federal courts—and responding quickly to summons and complaints—is the best way to protect your interests, preserve your defenses, and avoid lasting harm.
