Court & Hearings

A lawsuit is a legal process where someone asks a court to resolve a dispute. The person or business that starts the lawsuit is called the plaintiff or petitioner. The person or business being sued is called the defendant or respondent. A lawsuit begins when a plaintiff or petitioner files a Summons and a Complaint or Petition against a defendant or respondent. If a lawsuit is filed against you, you are the defendant or respondent. Learn about the process of starting a lawsuit.

The Summons lets you know that a lawsuit has been brought against you. It also lets you know what you must do next, for example, file an Answer or appear at a court date.

The Complaint or Petition tells you what the lawsuit is about. It tells you:

• What the plaintiff or petitioner thinks happened,
• The laws that support their claims, and
• What they are asking for.

If you are properly served with a Summons, you can protect your rights by responding to the lawsuit. This usually means filling out and filing an Appearance and an Answer. The Appearance tells the court and the other side that you plan to participate in the case. The Answer is your written response to each claim in the Complaint, stating whether you agree, disagree, or do not know if the claim is true. 

Not every case requires you to file an Answer right away. In some cases, the Summons will give you a court date instead of requiring a written Answer. If so, you should go to court on that date. The judge may order you to file an Answer after the court date. For step-by-step instructions, see Responding to a lawsuit and read your Summons carefully. 

You will not go to jail or get fines if you do not respond. However, if you do not respond on time, the judge may enter a default judgment against you. This means the other side could win the case automatically without hearing your side.

This guide explains how to respond to general civil lawsuits, which typically involve claims of more than $10,000 or requests for the defendant to do or stop doing something. 

If the lawsuit is asking for $10,000 or less, it may be a small claims case. Small claims court has different and simpler procedures. Learn how to respond to a small claims case. Other types of cases, like eviction and divorce, also have different rules and procedures for responding. Read your Summons carefully and review the information for your type of case if it applies.

Note: This guide is for cases in Illinois state court. If your case is in federal court, see our Federal court common questions.