Someone hands you court papers and says, “You’ve been served.” Now what?
First, don't panic. Sometimes that's easier said than done, but being sued means someone is bringing a legal claim against you. It doesn't mean a court or jury has decided they're right.
Ignoring the papers isn't an option, either. We’ll break down the legal process to explain the nuts and bolts of a civil lawsuit, what’s expected of you, and the different ways you can respond.
Whether you’re in a dispute over a few hundred dollars that’s appropriate for small claims court or a more serious litigation that may end up before a district court judge, understanding your role and what’s scheduled when can mitigate some of the stress associated with legal proceedings.
With or Without a Smile, Service Is Still Service
The person or business suing you is called the plaintiff. As the person being sued, you’re the defendant. Civil lawsuits begin with the plaintiff drafting a summons and complaint, both of which are filed with the appropriate court:
- The summons is an alert that you’ve been named in a lawsuit
- The complaint explains the basis for the plaintiff’s claims against you.
A complaint might allege that you damaged someone’s property, caused an injury, or failed to fulfill a contract, as just a few examples.
Delivering these court papers to you is service of process, a requirement to ensure you know you’re being sued. Service of process follows strict legal guidelines to ensure due process and fairness. In most jurisdictions, the plaintiff can’t serve the court documents themselves. They can hire law enforcement, a professional process server, or the court can appoint someone. Service usually involves someone handing you the papers, but state and local laws may allow alternate methods that may include service by certified mail (with a required return receipt confirming delivery), leaving the papers at their home or work with another responsible adult (substituted service), or having the process server attach it to a residence or business (such as with an eviction notice). Servers must return a certificate of service to the court to verify delivery.
Service is generally not as dramatic as shown on television, and trying to dodge service is not an effective way to avoid a lawsuit. If you were not served properly, however, you can contest that in court.
Don't Miss Your Response Deadline
Regardless of how you’re served, you’re now a defendant in the lawsuit. You’re not required to take the documents from the process server, but refusal is unlikely to keep the case from proceeding. It’s better to take the papers, read them carefully, and note the court, case number, plaintiff, and deadline to respond. The complaint will provide these case details and explain what you’re being accused of. The complaint may also identify if the plaintiff is seeking a jury trial or a bench trial (decided by a judge).
The deadline to respond varies by jurisdiction, but is usually not that long. For example, for federal civil cases, you must serve an answer within 21 days after receiving the summons and complaint (with exceptions). If you choose not to file an answer, the court may issue a default judgment against you. In simple terms, this means that you lose the case and are liable for whatever damages the court grants the plaintiff. That's why ignoring the summons and complaint is rarely, if ever, a good idea.
Your Response Options
A common response to a summons and complaint is an answer: a formal document addressing the allegations in the complaint. An answer is not a letter saying "I disagree." You must follow the court's rules. Some courts provide answer forms; others may require you to prepare your own document in the proper format. It may be possible to efile your answer. Typically, an answer states which allegations you admit, which you deny, and which you lack enough information to admit or deny. For example, you might admit that you own a business and entered into a contract with the plaintiff, but deny that you breached the contract. If the complaint alleges that the plaintiff lost business income because of some issue in the dispute, you might state that you lack enough information to admit or deny that allegation. Each response should accurately reflect what you know, not simply deny everything because you disagree with the lawsuit.
You may also have an affirmative defense, which means there is a legal reason why the plaintiff shouldn't recover anything even if the allegations were true. For example, a statute of limitations defense argues that the plaintiff waited too long to bring the claim. You can also file a counterclaim, which makes either the plaintiff or a third party (or both) a defendant in your own lawsuit. Continuing the example above, you may file a counterclaim that the plaintiff breached the contract, not you. Some related counterclaims must be raised in the existing case, or you may lose the opportunity to bring them later.
Expect to pay filing fees, although you can request a fee waiver from the court if you can show economic hardship.
It's understandable if, by now, you feel as though it's getting complicated fast. That's why it's good to get legal advice before the deadline for a response passes. A civil litigation attorney can evaluate the claims, explain potential defenses, and help you navigate the process. When choosing one, ask about experience with similar cases, fees, and communication.
What Happens After You Respond?
Once you’ve been served and responded, a great deal of paperwork will begin to flow back and forth. Identify records related to the dispute, such as contracts, receipts, emails, texts, photographs, or other documents. These are the kinds of materials that may become relevant during discovery, when the parties exchange information about the case. There's a lot that goes into discovery, so we'll cover that elsewhere.
For now, the main lesson is straightforward: getting sued is a reason to act, not a reason to panic. Read the papers, confirm your deadline, understand your response options, and get legal help when you need it.
