When you receive legal or court papers—known as being served, or served with process—it is important to understand the nature of the documents and your obligation to file a written response to them—usually within 20-30 days, but sometimes within a shorter period of time, depending on the type of legal relief sought by the party who filed the documents (injunctive relief, etc.).
If you do not file a written response to a lawsuit, petition, or motion asking a court (or government entity or arbitrator) to take some action against you, you will be admitting the claims or allegations against you, and the court will often give the party seeking money or other assets from you everything they are asking for—with no input from you or further opportunity for you to contest the claims. If you do not respond to such a request, you are said to be in default, and the court will enter a default judgment against you, making you legally liable for the money awarded, and obligated to comply with other changes made by the court without your input, such as changes in child custody or child support.
In South Dakota, when you are served with legal or court papers, it is crucial to promptly understand the documents and your duty to respond in writing, typically within 20 to 30 days, although the timeframe may be shorter for certain actions like those seeking injunctive relief. Failure to file a written response to a lawsuit, petition, or motion can result in a default judgment against you. This means the court may grant the plaintiff's requests, which could include monetary damages or other orders, such as changes in child custody or support, without your participation. It is essential to act within the specified period to avoid default and the automatic admission of the claims made against you. An attorney can provide guidance on how to respond to the papers served and represent your interests in the legal process.