I received a lawsuit, what now
Deadlines and steps after receiving a lawsuit - what you must do and how much time you have to respond.
What to do
First, check the date on the delivery or return receipt by which the lawsuit was served on you - that date is the starting point for calculating the deadline, not the date you actually read the documents or understood what they were about. When the lawsuit has been properly served, the court is required, at the time of service, to instruct you on the obligation to submit a response, its mandatory content, and the consequences of missing the deadline.
The next step is to carefully read the claim and the attachments to understand exactly what the claimant is seeking and on what basis. The response to the lawsuit should clearly state which allegations you admit and which you dispute, as well as the facts and evidence supporting your own statements - a vague or incomplete response can weaken your position later in the proceedings, even though by itself it prevents a default judgment.
The deadline for the response is set by law and the law does not provide for extending it, so it makes sense to start work on the response as soon as the claim is served. If the deadline has already been missed for justified reasons, restoration to the previous state (vraćanje u pređašnje stanje) may be requested: the motion is filed within eight days of the end of the reason for missing the deadline, and no later than 60 days after the missed deadline, together with the missed response (Arts. 109-110). In that case too it makes sense to contact a lawyer quickly.
When to consult a lawyer
Consultation is useful immediately upon receiving the lawsuit, before the deadline for the response expires - this leaves enough time for the response to be properly prepared, with all relevant evidence and legal arguments, instead of being drafted at the last moment. Engaging a lawyer is especially important when the value of the dispute is high, when the claim raises complex factual or legal questions, or when the deadline for the response is already close to expiring.
Sources
- Tariff on Attorneys' Fees and Expense Reimbursement (Tarifa o nagradama i naknadama troškova za rad advokata, Sl. glasnik RS No. 43/2023), Items 13, 14 and 15
- Tariff on Attorneys' Fees and Expense Reimbursement, consolidated text (Sl. glasnik RS Nos. 43/2023 and 56/2025) (paragraf.rs)
- Civil Procedure Code (Zakon o parničnom postupku), Arts. 102, 109, 110, 297, 449 and 472
What to do
- Check the date of service of the lawsuit (stated on the delivery/return receipt) - the deadline for the response starts running from that date, not from the date you actually read the lawsuit.
- Read the claim, the statement of reasons, and the attachments carefully to determine exactly what the claimant is seeking and on what facts and evidence the claim is based.
- Prepare a written response to the lawsuit stating your position on the allegations (which you admit, which you dispute), and the facts and evidence on which you base your own statements, in accordance with the content the law requires a response to have.
- Submit the response to the court before the deadline expires - by filing it at the court registry, by registered mail, or electronically, where technically available for the given court.
- The 30-day deadline is set by law, and the Civil Procedure Code does not provide for extending it (the court sets only deadlines that are not set by law, Art. 102), so prepare and file the response within that period.
- If the deadline has already been missed, it is still worth consulting a lawyer - depending on the reason for missing it and the stage of the proceedings, legal remedies may exist (for example, restitutio in integrum, i.e., restoration to the previous state, or an appeal against a default judgment).
What it costs
The fee for drafting a response to a lawsuit and for further representation in civil proceedings is generally calculated in proportion to the value of the dispute, under the Tarifa o nagradama i naknadama troškova za rad advokata (the Tariff on Attorneys' Fees and Expense Reimbursement); part of the costs of the proceedings is ultimately borne by the losing party, in accordance with the outcome and the court's decision on costs.
Basis for the attorney fee: Tariff on Attorneys' Fees and Expense Reimbursement (Tarifa o nagradama i naknadama troškova za rad advokata), Item 13 (response to a lawsuit in an assessable matter, based on the value of the dispute), or Item 14 in non-assessable disputes; representation at a hearing - Item 15.
FAQ
What happens if I don't respond to the lawsuit within 30 days?
The proceedings continue even without your response. If the statutory conditions are met (proper service of the lawsuit with instructions on the consequences, a properly formed claim, evidence that does not make it manifestly unfounded), the court may issue a default judgment granting the claim in full.
Do I have to deliver the response to the court in person?
No. The response to the lawsuit can be submitted by mail, filed through an authorized representative (a lawyer), or electronically where technically available; the only requirement is that it reach the court within the prescribed deadline.
Can I draft the response to the lawsuit myself, without a lawyer?
Civil proceedings generally do not require mandatory representation by a lawyer, except in exceptions specifically prescribed by law (for example, in certain proceedings before higher court instances). The response, however, must meet the statutory content requirements to have the intended effect.
What if I missed the deadline for responding to the lawsuit?
Missing the deadline does not automatically mean losing the case - it depends on whether the conditions for a default judgment are met and whether there are grounds for restitutio in integrum (restoration to the previous state). In that situation, speaking with a lawyer is especially useful, and as soon as possible.