What to Do If You Are Being Sued
Read the summons and complaint right away and note the deadline to respond, often 20 to 30 days in state court and 21 days in federal court. Confirm the case is real with the court clerk, notify your insurer if the claim may be covered, preserve documents, and file an answer or motion before the deadline, ideally with a lawyer. Ignoring a lawsuit usually leads to a default judgment.
Being sued is stressful, but the first few days are about protecting your rights, not winning the case.
1. Read the papers carefully
The summons tells you which court, the case number and how long you have to respond. The complaint lays out what the plaintiff claims and wants.
2. Note the deadline
State courts often allow 20 to 30 days. In federal court, a defendant generally must answer within 21 days of being served (FRCP 12). Missing the deadline can lead to a default judgment (Cornell LII).
3. Confirm it is real
Call the court clerk with the case number. Scammers sometimes send fake legal papers to pressure payment.
4. Notify your insurance
Homeowners, auto, renters, business liability or professional liability policies may cover the claim and provide a lawyer. Notify insurers promptly; late notice can jeopardize coverage.
5. Preserve evidence
Keep all documents, emails, texts and records related to the dispute. Deleting relevant information after a lawsuit is filed can lead to sanctions.
6. Do not contact the plaintiff carelessly
Anything you say can be used. If the plaintiff has a lawyer, communications should go through lawyers.
7. Respond
Options include:
- Answer: admit or deny each allegation and state your defenses (Cornell LII).
- Motion to dismiss: for problems like lack of jurisdiction, improper service, or failure to state a claim (FRCP 12).
- Counterclaim: your own claims against the plaintiff.
A business entity, such as an LLC or corporation, usually must be represented by a lawyer except in small claims court.
8. Consider resolution
Many cases settle. Mediation can help; see is mediation worth it.
What comes next
Discovery, motions, possible settlement conferences and trial. See how long a civil lawsuit takes.
Debt lawsuits
If the suit is about a consumer debt, see what to do if a debt collector sues you.
Contact a business lawyer or a lawyer in the relevant area quickly; early decisions often shape the outcome.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.