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Courts and procedure
Summons
A bankruptcy summons is the court paper, signed and sealed by the clerk, that is served on a defendant together with the complaint in an adversary proceeding. It tells the defendant when to respond and warns that a failure to appear and defend will result in a default judgment. 1
Talk to a lawyerHow does a bankruptcy summons work?
An adversary proceeding is a lawsuit within or related to a bankruptcy case, and it begins when a complaint is filed. The summons names the court and the parties, is directed to the defendant, and must be served with a copy of the complaint. 2 1
Service has its own rules. Any person who is at least 18 years old and not a party may serve the papers personally. Within the United States they may also be sent by first-class mail, postage prepaid. Special rules apply to some defendants, including the United States. 1
A summons goes stale quickly. If the papers are not delivered or mailed within 7 days after the summons is issued, a new summons must be issued. 1
A summons in an ordinary debt lawsuit is a different paper. Filing a bankruptcy petition triggers the automatic stay, which stops most collection actions, including lawsuits. The stay takes effect when the case is filed, not when a person decides to file. 2
How long do you have to answer?
| Step | Deadline |
|---|---|
| Deliver or mail the summons and complaint 1 | Within 7 days after the summons is issued 1 |
| Defendant's answer 3 | Within 30 days after the summons was issued, unless the court sets a different time 3 |
| Answer by the United States or its officer or agency 3 | Within 35 days after the summons was issued 3 |
Common questions
Does the time to answer run from the day I was served?
In an adversary proceeding it runs from the date the summons was issued: 30 days, unless the court sets a different time. 3
What happens if a defendant ignores a summons?
The summons itself warns that a failure to appear and defend will result in a default judgment for the relief demanded in the complaint. 1
I got a summons in a debt lawsuit. Does filing bankruptcy stop the case?
Filing a bankruptcy petition triggers the automatic stay, which stops most collection lawsuits. The stay takes effect when the case is filed, so it does not protect you before then. A lawyer can tell you how to respond to the summons in the meantime. 2
Sources
Received a summons in a bankruptcy case?
The deadline to answer is short. A bankruptcy lawyer in your state can help you respond in time.
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