What to Do if You Get Sued

Most people and businesses prefer avoiding lawsuits.  But you have no control over someone suing you. What do you do then?  It is important to act quickly and seek legal advice to formulate a strategy and take action to help minimize cost and exposure.    

1.     Do Confirm and Calendar Deadlines

If you get sued, you will be served with court papers. First and foremost, you should confirm the response deadline and make sure you don’t miss it.  Generally, the summons will specify how many days you have to respond.  If you have any questions about the deadline, you should consult with legal counsel as soon as possible. The repercussions for failing to timely respond are severe and can result in a judgment against you.  Depending on timing and other circumstances, it can be difficult, if not impossible, to overcome a default.

2.     Do Contact an Attorney

You should reach out to an attorney as soon as possible for assistance in responding to a lawsuit.  An attorney may be able to identify legal defenses for your response and grounds for contesting the lawsuit at an early stage to avoid the time and expense of litigation.  In addition, an attorney can analyze the issues for potential claims you could assert in your response. This can provide leverage in the lawsuit and assist in a potential resolution.

3.     Do Keep Records

You should maintain (and not destroy, delete, or discard) all relevant records, including, but not limited to, any agreements, communications, and payment records.  This is important in order to have evidence that may support your claims and/or defenses and to avoid any accusations of destruction of evidence. 

4.     Do Plan for Costs and Potential Time/Effort in Dealing with Lawsuit

Lawsuits can be draining emotionally and financially.  If you are sued, you should plan to set aside and/or save money to maintain legal representation. In general, a business entity must have legal representation. You should also expect to devote time and resources towards dealing with issues related to the lawsuit. It may be possible to resolve the disputes at an early stage through court motions or settlement between the parties.  However, some types of disputes and/or personalities of parties can require a case go all the way to a trial for resolution which can take more than a year or longer.

If you have been sued or threatened with a lawsuit and need legal assistance with a dispute, please reach out to The Ewing Firm at melissa@theewingfirm.com or (404) 216-9962 for an initial consult. 

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