Served With a Lawsuit in Indiana? Why the Deadline to Respond Matters
If you or your business has been served with a summons and complaint in Indiana, a deadline is already running. In most Indiana civil cases, a response is due 20 days after service, though the exact date depends on how you were served and the type of case.
Missing the deadline can allow the other side to ask for a default judgment, a ruling against you without the court hearing your side. Undoing a default is possible in some cases, but it is harder, slower, and more expensive than responding on time.
What is at stake
A default judgment. Under Indiana Trial Rule 55, a court may enter judgment against a party who fails to respond.
Collection. Once a judgment is entered, the plaintiff can pursue collection, which may include wage garnishment, bank levies, and liens. See What Happens After a Default Judgment in Indiana?
Lost defenses and claims. Some defenses and counterclaims must be raised early or they may be lost.
Insurance coverage. Many business policies require prompt notice of a claim, and delay can complicate coverage.
Your business's ability to appear. Outside certain small claims matters, Indiana courts generally require a business entity to appear through a licensed attorney.
Why this is not a do-it-yourself situation
A response to a lawsuit is a legal filing with technical requirements, and what goes into it can shape the entire case. Deciding which defenses to raise, whether to assert a counterclaim, whether service was proper, and whether more time is available all require judgment about your specific facts and the court's rules. Mistakes at this stage can be difficult or impossible to fix later.
Informal conversations with the other side's lawyer do not, on their own, extend your court deadline. If you have questions about the lawsuit, the person to ask is your own attorney.
What an attorney does for you
Confirms your deadline and protects it.
Reviews the complaint, how you were served, and the claims against you.
Identifies defenses, counterclaims, and insurance coverage issues.
Prepares and files your response, if retained, and communicates with the other side.
Evaluates whether the dispute can be resolved through negotiation or mediation.
When to call
Ideally, contact a lawyer the day you are served. You should also call right away if you just found papers you missed, if you believe you were never properly served, or if a default judgment has already been entered. Options narrow as time passes, so waiting rarely helps.
How Brinkley Law can help
Brinkley Law represents Indiana businesses and individuals in contract disputes, default judgment matters, and other civil cases. Attorney Sarah Brinkley can review the lawsuit, explain your options, and, if retained, prepare and file your response. Learn more about our business law practice.
Frequently asked questions
What if I was not properly served?
Service problems can matter, but they do not make a lawsuit go away on their own, and ignoring the case can be risky. An attorney can review how service was made and what it means for your case.
Can I get more time to respond?
Sometimes, but conditions and timing apply. Talk with a lawyer well before your deadline so those options are not lost.
A default judgment was already entered. Is it too late?
Not necessarily. Indiana law allows a court to set aside a default judgment on limited grounds, and strict time limits apply. Contact an attorney as soon as you learn about the judgment.
Talk with Brinkley Law
If you have been served with a lawsuit in Indiana, do not wait for the deadline to get close. Call Brinkley Law at 317-766-1379 or schedule a consultation.
Brinkley Law LLC, 8888 Keystone Crossing, Suite 1300, Indianapolis, Indiana 46240. Phone 317-766-1379.
This article provides general information about Indiana law and is not legal advice. Reading it or contacting Brinkley Law LLC does not create an attorney-client relationship. The application of the law depends on the facts of each matter.
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