By Lei Jiang, Esq., Lei Jiang LLC.
If you are served with a summons and complaint in Ohio, you have 28 days to serve your answer (Ohio Civ.R. 12(A)(1)). That clock starts when you are served, and it does not pause because you are busy, out of town, or hoping the case goes away. If you miss it, the plaintiff can ask the court for a default judgment — the summons itself warns that failure to answer means judgment for the relief demanded.
First, read the summons carefully: it names the court, the plaintiff, and what the plaintiff is asking for. Put the deadline on your calendar the day you receive it, and count forward 28 days from service. Second, do not ignore the papers, and do not argue with the plaintiff’s lawyer or admit anything in writing before you have counsel — anything you say can be used in the case. Third, contact an attorney right away. Early advice can change the outcome: there may be defenses, a counterclaim, or a settlement that costs far less than a judgment. If you cannot afford a lawyer, contact your local legal aid office promptly — the deadline does not wait for a fee arrangement. Also, keep the envelope the papers came in — the service date on it can matter for counting the 28 days.
The practical takeaway: 28 days, starting at service, and a missed deadline can mean losing by default. Contact an attorney the day you are served, not the week the deadline runs out.
Questions? Contact us at info@leijianglaw.com or (440) 835-2271, or book a free 15-minute call: https://calendly.com/leijianglaw-info/15-minute-consultation
This article is general information, not legal advice for your situation.