What is a summons?
A summons is the official court notice, delivered with the complaint, telling a person they are being sued and how long they have to respond. A federal summons must warn that failing to appear and defend will result in a default judgment. After a crash, you usually get one when someone sues you.
Last checked November 9, 2026 · Official sources (5)
What happens when you are served with a summons? An example
EXAMPLE ONLY. Eight months after a fender bender in San Diego, a process server hands Priya an envelope. Inside is a summons and a complaint: the other driver says Priya changed lanes into him and asks for $40,000. Priya thinks the case is silly and almost puts it in a drawer.
Instead, she reads the deadline. In California she has 30 days to file an Answer or other response. She calls her auto insurer that afternoon and emails a copy. The insurer assigns a defense lawyer, who files her answer on time. Had she waited, the court could have ruled against her without hearing her side.
Why does a summons matter after an accident?
For an injured person who is suing, the summons is the paper that brings the other side into court. Your lawyer arranges for it to be delivered, and the case cannot really move until it is.
If you are the one being sued, the summons starts your shortest clock in the whole process. Your liability coverage generally pays for a lawyer to defend you, but only if the insurer knows about the case. Keep the envelope, note the date and time you got it, and do not talk about the crash with the other side.
How long do you have to respond to a summons?
| Court | Deadline to respond |
|---|---|
| Federal court | Generally 21 days after being served |
| Texas (called a citation) | By 10:00 a.m. on the Monday after 20 days from service |
| California | 30 days after you are served |
In Texas the document is called a citation, and it must warn that a default judgment may be rendered if you do not answer.
Summons vs. subpoena
A summons tells a party they are being sued and must respond. A subpoena orders a person, often a witness, to show up or hand over records. If you saw a crash, you might get a subpoena. If you are blamed for one, you get a summons.
Questions
Is a summons the same as being arrested?
No. In a civil injury case, a summons only notifies you of a lawsuit for money. A criminal summons is a different paper from a criminal court.
What if I ignore a summons?
The plaintiff can ask for a default judgment for the relief demanded in the complaint.
Who pays my lawyer if I am sued over a car accident?
Usually your liability insurer, if the claim is covered. Report the summons to the insurer as fast as you can.
Find out if you are owed money.
A free case review. $0 upfront. No fee unless you win.
See if I’m owed moneySources (5)
- Fed. R. Civ. P. 4(a)(1)(E), checked 2026-11-09. “notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint”
- Fed. R. Civ. P. 12(a)(1)(A), checked 2026-11-09. “within 21 days after being served with the summons and complaint”
- California Courts Self-Help Guide, checked 2026-11-09. “You have 30 days to file an Answer or other legal response after you’re handed”
- Tex. R. Civ. P. 99(b), checked 2026-11-09. “The citation shall direct the defendant to file a written answer to the plaintiff's petition on or before 10:00 a.m. on the Monday next after the expiration of twenty days after the date of service thereof.”
- Tex. R. Civ. P. 99(b)(12), checked 2026-11-09. “notify the defendant that in case of failure of defendant to file and answer, judgment by default may be rendered for the relief demanded in the petition”