There’s nothing quite like the stomach-dropping feeling of being served with legal papers. Whether it’s from a business dispute, a personal matter, or something completely unexpected, being sued is stressful. But it doesn’t have to derail your life.
Having guided numerous clients through the litigation process, John Brandon Walker has developed a practical roadmap that can help anyone navigate this challenging journey. Here’s his personal guide on what to do when those dreaded papers arrive at your door.
First Things First: Keep Your Cool
When you’re served with legal documents, your immediate reaction might be fear, anger, or confusion. That’s completely natural. However, the worst things you can do are either:
- Throw the papers in the trash and pretend nothing happened; or
- Call up the person suing you for a heated confrontation
Both approaches will only make your situation worse. Ignoring a lawsuit doesn’t make it disappear. In fact, it typically results in a default judgment against you, which gives the plaintiff (the person suing you) everything they asked for without you even getting a chance to defend yourself. Confronting the person suing you can also cause problems. If you don’t keep your cool, you risk losing your credibility in court. And even if you do keep your cool, without an attorney present, you risk inadvertently giving the other side information that could be used against you.
Read Everything Carefully
Once you’ve taken a deep breath, sit down and read the documents thoroughly. You’ve received two key papers:
- A summons: This officially notifies you of the lawsuit and typically includes your deadline to respond
- A complaint: This outlines what you’re being sued for and what the plaintiff wants
Pay close attention to the response deadline – this is critical. In most jurisdictions, you’ll have between 20-30 days to file your formal answer. Mark this date on your calendar, set multiple reminders, and make meeting this deadline your top priority.
Also note which court is handling the case. Is it a small claims court? State court? Federal court? Each operates differently, and knowing the venue helps you understand what to expect. Part of a lawyer’s job is helping people understand the difference between different venues.
Seek Legal Advice Immediately
Too many people try to handle lawsuits on their own to save money, only to make costly mistakes that an attorney could have easily prevented.
Even if you ultimately decide to represent yourself, an initial consultation with a lawyer can provide invaluable guidance. Many attorneys offer free or low-cost first consultations, and some legal aid organizations provide assistance if you meet certain income requirements.
If hiring a private attorney isn’t possible, look into:
- Legal aid societies
- Pro bono legal services
- Court self-help centers
- Law school legal clinics
Remember, representing yourself (going “pro se”) means the judge will expect you to follow the same rules and procedures as trained attorneys. It’s a challenging path that requires significant self-education.
Respond Properly and On Time
Your formal response to the lawsuit is crucial. Typically, this will be an “Answer” document that addresses each allegation in the complaint, paragraph by paragraph, stating whether you:
- Admit the claim
- Deny the claim
- Lack sufficient information to admit or deny
Your response should also include any affirmative defenses – legal reasons why the plaintiff shouldn’t win even if their allegations are true. These might include arguments like:
- The statute of limitations has expired
- The contract was invalid
- You already paid the debt
- The plaintiff contributed to their own damages
In some cases, you might file a Motion to Dismiss instead of an Answer, arguing that there are fundamental legal problems with the lawsuit itself.
Build Your Defense
Once you’ve filed your response, the discovery phase begins. This is when both sides exchange information and evidence. Start gathering:
- All relevant documents (contracts, emails, text messages, receipts, photos)
- Names and contact information for potential witnesses
- Timeline of events related to the case
- Any physical evidence
Organization is key here. Create a dedicated folder or digital file for all case-related materials. Document everything in chronological order.
Consider Settlement Options
Most lawsuits never make it to trial. Settlement discussions can happen at any point, and resolving the matter outside of court often saves both parties significant time, money, and stress.
Settlement approaches include:
- Direct negotiation between attorneys
- Mediation with a neutral third party
- Arbitration (a more formal process with a decision-maker)
Even if you believe you’ve done nothing wrong, consider the practical aspects of settling. Sometimes, a reasonable settlement is better than the uncertainty and expense of a trial.
Prepare Thoroughly If Trial Is Necessary
If your case does proceed to trial, preparation is everything. You’ll need to:
- Organize your evidence according to court rules
- Prepare yourself and your witnesses
- Understand basic courtroom procedures and etiquette
- Develop clear, concise arguments
Whether you have an attorney or not, understanding the basics of your case strategy is essential. Trials follow specific procedures, and knowing what to expect can help reduce anxiety when the day arrives.
After the Verdict
Once the judge or jury reaches a decision, you’ll receive a verdict. If you win, congratulations! The case may be dismissed, or you might even be awarded costs or damages.
If you lose, you typically have options:
- Pay the judgment amount
- Negotiate a payment plan
- Appeal the decision (within strict time limits)
- In some cases, file for bankruptcy protection
Remember that appeals aren’t new trials – they focus on whether legal errors occurred during your case, not on re-arguing the facts.
Moving Forward
Being sued doesn’t define you or your future. Countless clients successfully navigate lawsuits and come out stronger on the other side. The keys are responding promptly, seeking appropriate guidance, staying organized, and approaching each step with careful attention.
Legal proceedings can be intimidating, but with the right approach, you can face them with confidence and clarity. And remember – this challenging experience will eventually be behind you.
This post provides general information only and should not be considered legal advice. Every legal situation is unique, and you should consult with a qualified attorney about your specific circumstances.