What To Do When You Are Sued

What to Do When You Receive a Court Summons

Receiving a court summons is stressful for anyone, but the most important thing is to stay calm and never ignore it. A summons is an official document with strict deadlines. Failure to respond on time can result in a default judgment — losing the case without ever presenting a defense.

This guide walks through the systematic steps to take, from the moment the summons arrives through preparation for the court date, including statutory deadlines and the most common mistakes.

What Is a Court Summons?

A court summons is an official document issued by the court to notify someone that a case affects them, or to require them to appear or take some action. There are several types:

• Summons — Notifies a defendant that a lawsuit has been filed and requires a defense within the deadline.
• Notice of Hearing — Specifies the date and time to appear in court.
• Witness Summons — Requires a person to testify in a case.
• Arrest Warrant — Authorizes police to arrest a suspect (criminal cases).
• Search Warrant — Authorizes officials to search premises.
• Writ of Execution — Enforces a judgment, e.g., asset seizure.

Immediate Steps to Take

1. Read the summons carefully — Verify your name, the date issued, the issuing court, the case number, hearing date, type of case, charges or claims, and the response deadline.
2. Keep the envelope and the summons as evidence — Do not discard or destroy them. The envelope's date stamp is used to calculate statutory deadlines.
3. Contact a lawyer as soon as possible — Within 1–3 days, no later than a week. Your lawyer needs sufficient time to study the case and prepare a defense.
4. Gather all evidence — Contracts, receipts, chat messages, emails, photos, witness statements — collect everything relevant.
5. Mark the court date in your calendar — And set a reminder 3 days before. Failure to appear may result in an arrest warrant in some cases.

What You Must Never Do

• Never ignore the summons — Even if you believe it is not yours, appear at court to clarify, or have a lawyer respond on your behalf.
• Never contact the opposing party directly without a lawyer — Anything said may be used as evidence. Careless statements can be construed as inadvertent admissions.
• Never destroy or hide evidence — Illegal and creates an adverse inference against you.
• Do not wait until the last minute to consult a lawyer — Filing deadlines are short; lawyers need preparation time.
• Never sign or admit anything without consulting a lawyer — Especially in criminal cases.

Statutory Deadlines

Always follow the date and instructions printed on your own summons. The deadline to answer depends on the type of case, which the summons itself indicates.

Ordinary Civil Cases (Civil Procedure Code, Section 177)

• File a written answer within 15 days from the date the summons and copy of the complaint are served on you.
• If the summons was posted at your address — service takes effect only after 15 days from posting (or a longer period set by the court); the 15-day answer period runs after that.
• Extensions are possible — file a request before the deadline expires and show special circumstances; the court decides.
• If no answer is filed — you are in default of answer; the plaintiff may ask for judgment, and the court may rule for the plaintiff if the claim has merit and is not contrary to law.

Consumer Cases and Small Claims

• Claims over credit cards, personal loans, car hire-purchase, or service bills are often consumer cases.
• The summons calls you to court for mediation, answer, and witness hearing on the same day — you may answer orally or in writing on that day, or file a written answer before it.
• Attend court on the date in the summons — if you do not attend and have not filed an answer, you may be treated as in default of answer.

Criminal Cases

• The accused or defendant must appear on the date specified.
• Failure to appear results in an arrest warrant and may forfeit bail.
• Postponement is possible for valid reasons (e.g., illness with a medical certificate).

Labor Cases

• The Labor Court sets a hearing date in the summons. The defendant answers on that date, or may file a written answer before it.
• The court first attempts mediation; if no settlement is reached, the case proceeds.

Requesting an Extension

If you cannot meet the deadline, file a motion for postponement or extension. Acceptable reasons include:

• Serious illness with a medical certificate
• Late receipt of the summons
• Unavoidable foreign travel
• Need more time to retain a lawyer and gather documents

The motion must be filed before the deadline. Late motions are typically denied.

Hypothetical Case Studies (Educational)

Case 1 — Civil debt claim: Mr. A is sued for THB 500,000. He receives the summons on 1 March, contacts a lawyer on 3 March, and the lawyer discovers partial payments already made. The defense is filed on 14 March (within 15 days). After litigation, the court reduces the judgment significantly.

Case 2 — Ignored summons: Mr. B receives a summons but assumes it is irrelevant and does not contact a lawyer. Fifteen days pass with no defense filed. The plaintiff obtains a default judgment requiring full payment. Setting aside a default judgment requires proving genuine lack of notice, which is difficult.

Case 3 — Criminal case: Ms. C receives a summons on a fraud charge. She contacts a lawyer immediately, who manages the case, prepares evidence and witnesses. They appear in court, present the defense, and the prosecutor ultimately drops the case.

Common Mistakes

• Ignoring the summons because it seems wrong — Even if filed against the wrong person, you must appear or respond to clarify.
• Throwing away the envelope — Causes mistakes in deadline calculation and weakens extension requests.
• Calling the opposing party to negotiate — What you say can be recorded and used in court.
• Hiring a lawyer too late — Insufficient preparation time.
• Going to court without a lawyer — High risk in serious matters.
• Signing documents without reading them — During investigation or in court.

Frequently Asked Questions

What if I'm not home when the summons arrives?
The court officer may serve an adult resident at the address or post the summons on the door. If posted, the deadline begins after the posting period (15 days).

What if the summons is clearly not mine?
Take it to the court named in the summons with your ID, or have a lawyer clarify the matter.

How are lawyer fees set in a civil case?
They depend on the amount in dispute, the number of parties, and how many witness hearings are needed. The lawyer reviews the complaint and documents first, then confirms the scope of work and fee in writing before starting.

What if a default judgment is entered against me?
File a request for a retrial within 15 days from service of the enforcement order. If you missed that deadline for reasons beyond your control, file within 15 days after the cause ends, but no later than 6 months from the seizure of property or other enforcement of the judgment (Civil Procedure Code, Section 199 quater). The request must explain why you were absent and the defense that could change the outcome.

How should I prepare for my first court appearance?
Dress conservatively, arrive 30 minutes early, bring your ID and case documents, and answer questions clearly. Go with your lawyer.

Conclusion

Receiving a summons is not the end — it is the start of a battle that requires planning and timely response. The core rules are: do not ignore it, do not destroy evidence, and contact a lawyer on day one. An experienced lawyer will assess the case, develop a strategy, and prepare a defense to achieve the best possible outcome — whether through full litigation, negotiation, or mediation.