How to Respond to a Lawsuit: Answer, Motion to Dismiss, and Strategy

Receiving a lawsuit is alarming, but the rules give the defendant a defined window and a defined set of options. Federal Rule of Civil Procedure 12(a) gives the defendant 21 days to respond after service (or 60 days if service was waived under Rule 4(d), or 30 days if the United States is a party). Within that window the defendant must (1) file an answer, (2) file a Rule 12(b) motion to dismiss under Rule 12(b), or (3) file another responsive motion. Doing nothing for 21 days is the worst possible response: it produces a default that is hard to vacate and that fixes liability before the defendant's case has been heard.

The Three Response Options

Option	When to Use	Effect
Answer	The complaint is procedurally proper but the defendant disputes the facts	Joins issue; case proceeds to discovery
Motion to dismiss (Rule 12(b))	The complaint has a procedural defect: lack of jurisdiction, improper venue, failure to state a claim, statute of limitations apparent on the face	If granted, dismisses the case (with or without leave to amend)
Motion for more definite statement (Rule 12(e))	The complaint is so vague the defendant cannot frame a response	Plaintiff must amend or face dismissal

Drafting the Answer

Federal Rule of Civil Procedure 8(b) requires the defendant to admit, deny, or state lack of sufficient knowledge to admit or deny each numbered allegation in the complaint. A general denial is permitted only if the defendant intends to deny every allegation in the complaint, which is rare. The standard practice is paragraph-by-paragraph: "Admitted that..." or "Denied" or "Defendant lacks sufficient knowledge to admit or deny and therefore denies." The answer must also raise every affirmative defense the defendant intends to assert. Failing to plead an affirmative defense in the answer typically waives it under FRCP 8(c).

Motion to Dismiss Grounds (Rule 12(b))

The seven grounds under Federal Rule of Civil Procedure 12(b): (1) lack of subject-matter jurisdiction; (2) lack of personal jurisdiction doctrine; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; and (7) failure to join a required party under Rule 19. Defenses 2 through 5 are waived if not raised in the first responsive pleading or motion. Defenses 1, 6, and 7 can be raised at any time before final judgment. Most motions to dismiss raise Rule 12(b)(6) failure to state a claim, often combined with Rule 9(b) particularity for fraud claims.

Counterclaims, Crossclaims, and Third-Party Practice

The answer is the defendant's chance to assert affirmative claims. Compulsory counterclaims under Rule 13(a) (claims arising from the same transaction or occurrence) must be raised in the answer or are forever waived. Permissive counterclaims under Rule 13(b) (any other claim against the plaintiff) may be raised. Crossclaims against co-defendants are governed by Rule 13(g), and third-party complaints against parties not yet in the case are governed by Rule 14.

Default Judgment

If the defendant does not respond within 21 days (or the extended period), the plaintiff may seek entry of default under Federal Rule of Civil Procedure 55(a). Once default is entered, the plaintiff may move for a default judgment under Rule 55(b). Vacating a default judgment requires showing good cause under Rule 55(c) (before judgment is entered) or grounds under Rule 60(b) (after judgment): mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud, or other extraordinary circumstance. The fastest path is to file a timely answer or motion within the original 21 days.

Strategic Considerations

The first decision is whether to dismiss or answer. Filing a motion to dismiss tolls the answer deadline under FRCP 12(a)(4); the defendant has 14 days after the order on the motion to file the answer if dismissal is denied. A motion to dismiss can also test the complaint's pleading, force the plaintiff to amend, and set the tone for the litigation. The downside is delay (a motion to dismiss can take 60-180 days to decide) and the risk of an unfavorable order that becomes the law of the case. Filing an answer immediately starts discovery and can be the right call when the complaint is clearly going to survive.

Removal to Federal Court

If the lawsuit is filed in state court but federal subject-matter jurisdiction exists (federal question or diversity), the defendant may remove to federal court under 28 U.S.C. §§ 1441-1446. The notice of removal must be filed within 30 days of receipt of the complaint by the first served defendant, with limited exceptions. Removal is a powerful defense tool because federal procedure, evidence rules, and judges differ from state-court practice in ways that often favor defendants. Removal must be unanimous among all defendants under § 1446(b)(2)(A).

Frequently Asked Questions

How do you respond to a lawsuit?

The defendant has 21 days from service to file an answer or a motion to dismiss under FRCP 12 (or 60 days if served by waiver, or 30 days if the U.S. is a party). The answer admits, denies, or pleads lack of knowledge for each allegation, and raises every affirmative defense and compulsory counterclaim. A motion to dismiss tests the procedural sufficiency of the complaint. Doing nothing produces a default that is hard to vacate.

Can you respond to a lawsuit without a lawyer?

Yes, individuals can respond as pro se defendants. Corporations, LLCs, and partnerships must appear through counsel or the case will default. Even individuals usually benefit from at least an attorney-drafted answer because affirmative defenses and compulsory counterclaims are waived if omitted, and the answer sets the limits of the defense for the rest of the case.

What not to do during a lawsuit?

Do not ignore the complaint. Do not respond emotionally to opposing counsel. Do not destroy documents or communications related to the dispute (this triggers spoliation sanctions and adverse-inference jury instructions). Do not contact the plaintiff directly if represented by counsel (unethical communication rules). Do not post about the lawsuit on social media. Do not give recorded statements to the plaintiff's insurer or investigators without counsel.

How to respond if someone sues you?

(1) Calendar the 21-day deadline immediately. (2) Read the complaint carefully and identify each cause of action. (3) Decide whether to answer or move to dismiss based on the procedural posture. (4) Identify every affirmative defense and compulsory counterclaim. (5) File the answer or motion within the deadline. (6) Preserve all relevant documents and communications. (7) Consider whether removal to federal court is available and beneficial.

When to Hire a Lawyer to Defend a Lawsuit

The 21-day window is unforgiving. Our litigation team drafts answers and motions to dismiss for federal and state-court litigation, with full affirmative defense and counterclaim review.