Whether getting sued caught you by surprise, or you expected it, there are certain courses of action to take after you get served with a lawsuit. As you may have already learned, a lawsuit will typically start with you getting served with a summons and complaint (by the plaintiff). We wanted to write this blog because how you handle the summons, as a defendant, is key to protecting your rights and interests in the lawsuit.
We’ll start with the easiest thing that you can do right away, which is take time to read the lawsuit. The complaint will have a list of allegations from the plaintiff (person or people suing you) that require a response. Note any deadlines for your response because not meeting them can lead to serious consequences. If you don’t take our advice and you ignore the lawsuit, that can result in a default judgment, where the court decides in favor of the plaintiff without considering your side. This obviously can complicate your case considerably. After you have examined the lawsuit, processed the information, and gathered facts, there are some common ways you can respond to the lawsuit.
The most common response to a civil lawsuit is to file an Answer (with or without Affirmative Defenses), which is a formal written response to the allegations in the complaint. It's essential to address each claim made by the plaintiff. Affirmative Defenses, which assert new facts or legal arguments that can shield you from liability, can be included in the answer to the summons. Another route is to file a Motion to Dismiss. In certain situations, you may have grounds to ask that the court dismisses the case. This could be due to jurisdictional issues, a failure to state a valid claim, or other legal reasons. However, it's important to note that a Motion to Dismiss is not always granted.
Beyond the more typical responses, there are other options you may consider, such as: counterclaim: if you have a claim against the plaintiff arising from the same set of facts, you can file a counterclaim within the same lawsuit; a Motion for Summary Judgment: if there are no material factual disputes and the case can be resolved based on the law, a motion for summary judgment may be appropriate; Motion to Strike: in cases where there are irrelevant or improper allegations in the complaint, a motion to strike can be filed.
Regardless of which route you decide to take, the most critical step in responding to a civil lawsuit is to carefully read the summons and complaint and prepare to file an answer on time. Do not ignore the lawsuit! In any legal matter, especially those that you are unfamiliar with, consulting with an attorney can be a great start to protecting your rights and interests.
