What to do if you are served court papers
Nigeria : act within 24 to 72 hours to protect your rights and avoid default judgment.
At a glance
Quick answer: Read everything, note the deadlines, and speak to a litigation lawyer at once. Do not ignore the papers or contact the other side without advice.
First 5 moves
- Open and sort. Separate the main process from motions, orders, and hearing notices.
- Diarise dates. Record the service date, response window, and any hearing date.
- Do not engage informally. Avoid calls, chats, or posts about the case.
- Gather documents. Contracts, emails, chats, bank proofs, and letters.
- Call a lawyer. Share clear scans and agree a same day plan.
Confirm what you were served
Read the heading and identify the process.
- Writ of summons :most civil suits with facts and witnesses.
- Originating summons :questions of law or interpretation.
- Motion on notice :a specific order during a case.
- Subpoena :compels attendance or production.
- Petition :common in family, company, election, or insolvency matters.
Action: photograph the first page, endorsements, and any order already made.
Calculate your deadlines
The clock usually starts on the day you were served. Many rules require you to enter appearance or file responses within short windows. Missing a date risks default judgment or sanctions.
- Enter appearance or file a memorandum of appearance.
- File a defence or a counter affidavit.
- Attend any listed hearing on the stated date.
Brief a litigation lawyer early
Send scans of the entire bundle. Include the service date, time, and the server’s name if known.
- Confirm the next step due :appearance, defence, or affidavit.
- Consider preliminary objections : jurisdiction, improper service, wrong party, limitation.
- Evaluate settlement or mediation if it saves time and cost.
Immediate red flags
- An interim order binds you now.
- A hearing is within 7 days.
- A criminal angle or risk of arrest.
Pick the right response route
Standard steps
- Enter appearance within time.
- File a defence or counter affidavit with exhibits.
- Seek extension of time if late, with reasons and draft processes attached.
Protective steps
- Preliminary objection where the court lacks jurisdiction or service is defective.
- Apply to set aside an interim order or vary its terms.
- Negotiate consent terms or mediation if suitable.
Obey orders first, then challenge
If there is an interim or ex parte order, comply at once to avoid contempt. Then move quickly to discharge or vary it.
Build your evidence pack
- Contracts, invoices, and delivery notes.
- Bank transfers, statements, and receipts.
- Emails, letters, and chat exports with dates.
- Photos or videos with time and location data.
- Prior petitions or acknowledgements by the other side.
If it escalates
- Missed the deadline : apply for extension and to regularise, with your proposed defence attached.
- Abuse of process : consider an objection or a stay.
- Improper service : move to set aside service or default steps.
- Urgent harm : seek an interim injunction to preserve property or status.
- Prefer ADR : ask for referral to mediation or file consent terms.
Documents to gather today
- All served papers, including back pages and annexures.
- Any proof of service : service copy, signature page, or server details.
- Contracts, receipts, bank records, and correspondence.
- Prior settlement offers or minutes of meetings.
- IDs and contacts of witnesses.
Common mistakes to avoid
- Ignoring the papers because you think the claim is weak.
- Calling court staff for legal advice : they cannot advise you.
- Posting about the case online.
- Destroying or editing records.
- Sending partial documents to your lawyer.
Costs and penalties : general guidance
- Filing fees vary by court and claim size.
- Late steps can attract costs against you.
- Disobeying an order risks contempt proceedings.
- Default judgment may be entered if you fail to respond within time.
When to call a lawyer immediately
- An interim order requires instant compliance.
- The hearing date is within 7 days.
- There is a criminal element or risk of arrest.
- The claim involves land, banking restrictions, or urgent assets.
- You were served for a company where you are a director or secretary.
FAQs
I was served by WhatsApp or email. Is that valid?
Courts may authorise electronic or substituted service. If the court ordered it, treat it as valid and act within time.
I think the court has no jurisdiction. Should I still respond?
Yes. Raise jurisdiction promptly, often by a preliminary objection, while preserving your position on the merits.
The address on the papers is wrong. What should I do?
Tell your lawyer. Wrong addresses can support an objection to service. Do not ignore the case while arguing that point.
Can I settle out of court after being served?
Yes. Settlement can happen at any stage. Put terms in writing and file consent terms for adoption by the court.
I was served with a subpoena as a witness. What next?
Attend as directed or apply to set it aside if there is a valid reason. Ignoring a subpoena risks sanctions.
Rights at a glance : Nigeria
- Fair hearing and legal representation.
- Proper service before the court proceeds.
- Right to challenge jurisdiction and defective service.
- Entitlement to the response window on the face of the process.
Timeline that matters
- Day 0 : read, sort, diarise. Send scans to your lawyer.
- Within 24 to 72 hours : agree strategy. Enter appearance if due. Start drafting your defence or affidavit.
- Before the first deadline : file the required response.
- If late : apply for extension and regularisation without delay.
Evidence checklist
- All pages of the papers served.
- Proof or details of service : date, time, mode.
- Contracts, receipts, bank proofs.
- Emails, letters, chats with dates.
- Photos or videos tied to events.
- Witness names and phone numbers.
Agencies and contacts
Court registry
For filings and certified copies. Ask for forms and fee schedules only.
Multi Door Courthouse
Court connected mediation that may resolve your dispute faster and at lower cost.
Short scripts you can use
At the court registry
Good morning. I was served in this suit : [suit number]. I need the next date and a certified copy of the process. Where do I pay the fee?
To opposing counsel
Good day. Kindly direct all communication to my counsel, [name], who is now on record. We are considering ADR and will revert after reviewing the papers.
Internal team note
We received court papers today in [case]. Stop informal contact at once and send all documents to [lawyer’s name] only.
WhatsApp summary
Served court papers? Do not panic. Read the first page, note deadlines, and call a lawyer now. Do not argue with the claimant or post online. Send clean scans to your lawyer, gather contracts, receipts, chats, and bank proofs. Enter appearance or file your defence within time. If there is an interim order, obey it first, then challenge. Missed a deadline? Apply for extension and to regularise. ADR is an option if it saves time and cost.
Disclaimer
This guide is general information, not legal advice. If you are facing an urgent order or a near deadline, speak to a lawyer today.
Talk to a lawyer
1st Attorneys
Phone: +234706 508 0672 · Email: enquiry@1stattorneys.com