Receiving a summons or petition can be very scary. Many people have never dealt with the judge and do not know what to do. However, it is important that you take action quickly: if you do nothing, the judge can decide without your story. This can have major financial and personal consequences.
In this article we explain step by step what a summons and a petition are, what you should do if you receive one and how a lawyer can help you to defend.
What is a summons?
A summons is an official document with which someone (the plaintiff) summons you to appear before the judge. The summons states:
-
Who summons you (for example, a landlord, creditor or employer).
-
What the lawsuit is about.
-
What claim is made (for example, payment of money, eviction or damages).
-
When and where you should appear in court.
👉 Important: if you do nothing, the judge can default judge you. You will then automatically lose and often also have to pay the legal costs.
What is a petition?
A petition is another type of procedure. Instead of a summons, someone sends a request to the court to get a decision. You then receive a copy of the petition from the court.
Examples are:
-
A request for divorce.
-
A request to terminate the employment contract.
-
A request for guardianship or access arrangement.
You usually get a period to write defense. If you don’t do that, the judge will decide only based on the petition of the other party.
What happens if you do nothing?
-
The judge can give a judgment or decision by default.
-
You lose the case without being able to tell your side of the story.
-
You often also have to pay the legal costs of the other party.
👉 It is therefore crucial to respond within the deadline.
Step guide: what to do in case of a summons or petition?
-
Stay calm and read well
Look at who summons you or submits a request, and what the case is about. -
Check the deadlines
With a summons, you often have to respond at the latest on the first court date. There is usually a period in the letter from the court for a petition. -
Seek legal help
A lawyer can assess whether the claim is justified, what arguments you can use and how great your chances of success are. -
Prepare defense
Your lawyer writes a formal defense (conclusion of answer or defense) in which your position is explained and substantiated with evidence. -
Court session
Sometimes there is a session where you can explain your story orally. Your lawyer will then assist you.
Examples from practice
-
Example 1 (summons for rent arrears): A tenant was summoned to evict for alleged rent arrears. We defended and demonstrated that most of the rent was paid. The judge refused the eviction.
-
Example 2 (petition for work): An employer requested termination of a contract due to alleged malfunctioning. With a strong defense, we negotiated a higher transition payment and a favorable VSO.
-
Example 3 (collection summons): An entrepreneur received a summons to pay € 25,000. We disputed the invoices and the judge significantly reduced the claim.
Checklist for summons or petition
-
📄 Read the piece carefully and note the hearing date or response period.
-
⏳ Don’t wait: deadlines are short and missed deadlines are fatal.
-
⚖️ Immediately look for a specialized lawyer.
-
📑 Collect documents and evidence that support your position.
-
📝 Let your lawyer timely submit a defense or answer conclusion.
Common mistakes
-
Ignoring the summons or petition in hopes that it “blows over”.
-
Responding too late, so you automatically lose.
-
Submitting a short and weak defense without legal help.
-
Not providing evidence to support your case.
Frequently asked questions (FAQ)
1. Do I always need to hire a lawyer?
A lawyer is not required in all procedures, but it is almost always wise. Without legal knowledge, you run a great risk of losing the case.
2. How much time do I have to respond?
For a summons, you must respond by the court date at the latest. For a petition, there is often a period of several weeks.
3. How much is the cost for a lawyer to defend?
That depends on the case. Sometimes a legal aid insurance pays the cost. In other cases, we can make a clear price agreement.
4. What if I don’t respond?
Then the judge decides by default. You are wrong and often have to pay the full claim and court costs.
5. What can my lawyer do for me?
Your lawyer writes a strong defense, represents you at the hearing and can negotiate with the counterparty to reach a settlement.
Why Arslan Lawyers?
-
Experienced in defense against summons and petitions
-
Quick and clear advice, so you don’t miss deadlines
-
Powerful defense writings that strengthen your position
-
Possibility to negotiate to prevent a lawsuit
Conclusion
Receiving a summons or petition can be exciting, but the most important thing is that you respond quickly and thoughtfully. By hiring a lawyer in time, you increase the chance of a good outcome and prevent you from losing unnecessarily.