I am being sued. What do I do?
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
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UPDATED: Jul 13, 2023
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UPDATED: Jul 13, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Civil cases are initiated when a formal complaint is filed with the court and served on you, the defendant. The first thing you need to do when you find out you are being sued, usually when you are served with a complaint is to immediately contact an attorney. Do not wait. As most complaints will state, there is a set period of time, usually around thirty days, in which you may legally respond to the claims (with an Answer or other legal information) when you are being sued before a default judgment is entered against you. If you fail to respond, a default judgment for the amount of money named in the complaint is extremely likely, provided that the plaintiff has proved his or her damages. Once such a judgment is entered, it is usually impossible to get it modified or reversed.
An attorney, particularly one with experience in the area of law your lawsuit involves (automobile accidents, trespass, negligence or recklessness, et cetera), is most suited to give you the best advice on how to proceed. S/he can tell you how to respond to the claims, what your defenses may be, if any, and how to prepare your case for trial. In most cases, a retained (hired) attorney will serve as your agent in court, taking the responsibility for filing legal forms, talking to the judge, presenting your arguments and generally minimizing the impact of the lawsuit on your life. An attorney is also usually skilled at negotiating, and can help settle your case before trial if that is the best option.
So, if you have been served with a complaint notifying you that you are being sued for a lot of money, you should contact an attorney right away. To find an attorney, contact your local bar association, or look through the FreeAdvice nationwide attorney database elsewhere on this site. You may also check your local yellow pages for the names of attorneys who can help you with your legal problem.
Case Studies: Navigating Lawsuits and Legal Challenges
Case Study 1: The Importance of Timely Response
In this case, John was served with a complaint stating that he was being sued for damages resulting from a car accident. However, John failed to respond within the specified timeframe, and a default judgment was entered against him. This case highlights the crucial need for immediate action and contacting an attorney to avoid unfavorable outcomes.
Case Study 2: Expert Guidance in Legal Matters
Sarah found herself being sued for negligence in a personal injury case. Recognizing the complexity of the situation, she sought the help of an attorney experienced in personal injury law. Her attorney guided her through the legal process, informed her of possible defenses, and skillfully negotiated a settlement before the case went to trial.
Case Study 3: Accessing Legal Resources
In this case, Mark received a complaint demanding a significant amount of money. Feeling overwhelmed, he sought legal assistance but wasn’t sure where to start. Mark contacted his local bar association and utilized online resources, such as a nationwide attorney database, to find an attorney who could provide the necessary legal help.
Find the right lawyer for your legal issue.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.