What should you do if you are served by a legal process server with a Court Summons and Civil Complaint? Sounds like an easy question to answer, however, there have been many times where I’ve come across individuals who were served with a summons and complaint, failed to respond, and allowed a default judgment to be entered against them as a result. These individuals realized the importance of responding to a lawsuit after it was too late, which is usually when garnishments started to affect their paychecks and bank accounts. Though you may challenge a garnishment and a judgment after it has been entered, there is no guarantee that you will be successful.

When a person is served with a civil complaint and summons, there will usually be 20 days to respond by filing either an answer or a motion. Failure to respond within the timeframe prescribed will likely result in something called a “default judgment.” A default judgment is a final judgment entered by the Court against a defendant who has failed to respond or defend themselves in a lawsuit. A default judgment is a valid judgment that can be enforced against an individual in the same manner as if a full trial had taken place and the Court ruled against the defendant. Once a judgment has been entered against an individual, they are responsible to pay the amount awarded by the Court. If the judgment is not paid voluntarily, the successful party may proceed to collect the judgment amount by other means such as garnishments of wages and bank accounts, as mentioned above, and also general and special execution of personal or real property owned by the judgment debtor.

Do not ignore Court documents! Instead, if you are served by a legal process server with a court summons and civil complaint, you should take note of the Court where the case was filed and read the summons carefully. A summons will usually have specific instructions to follow and will contain important information as to where the case was filed, and where you may file an answer. Also, finding out where a case is filed will reveal which rules of civil procedure will apply to your case. If the case is filed in Maricopa County for an amount of $10,000 or more, the case should be in the Superior Court and the Arizona Rules of Civil Procedure will apply. If the case is filed in Maricopa County for an amount less than $10,000, the case should be in the Justice Court and the Justice Court Rules of Civil Procedure will apply. Next, you should note when you are served in order to calculate your deadline to respond. Finally, you should proceed to file a response to the complaint, or seek legal representation from an Arizona licensed attorney as soon as possible. The latter is the preferred so that you may seek legal advice as to the appropriate steps to follow in order to successfully defend against the claims against you.