Receiving a lawsuit can feel overwhelming, but understanding what to do if you’re sued can help you respond properly and protect your rights. Whether you’re facing a personal injury claim, contract dispute, or debt collection case, the actions you take immediately after being served can significantly affect the outcome. In this guide, we explain how to respond to a lawsuit, what your legal options are, and how to navigate the legal system with confidence.
Understanding the Legal Notice
When you’re sued, the first formal communication you’ll receive is called a Summons and Complaint. The Summons notifies you that a lawsuit has been filed, while the Complaint outlines the claims against you.
Important: Being served with a lawsuit does not mean you’re guilty. It simply means someone is making legal allegations that require a response.
What to Do Immediately After Being Sued
1. Do Not Ignore the Lawsuit
Ignoring the lawsuit will not make it disappear. If you fail to respond by the deadline stated in the Summons (usually within 20 to 30 days), the court may issue a default judgment against you. This means the plaintiff automatically wins, and you lose the chance to defend yourself.
2. Read the Complaint Thoroughly
Go through the legal document carefully. Understand:
- Who is suing you
- Why you are being sued
- What is being demanded
- Which court the case is filed in
Make note of the response deadline, which is critical.
3. Consult an Attorney
While you can represent yourself, speaking with a qualified attorney gives you the best chance to defend against the claim or negotiate a resolution. If affordability is an issue, seek legal aid or check with your state’s legal assistance programs.
You can also explore if your legal insurance covers lawsuit defense. Visit our in-depth guide on Legal Protection Insurance on AssuredPolicy.com.
4. Check for Errors in the Complaint
Lawsuits sometimes contain factual or legal mistakes. For example:
- You were wrongfully named as a party
- The court lacks jurisdiction
- The amount demanded is incorrect
These issues can be raised in your response to potentially dismiss or reduce the case.
5. Decide How to Respond
You typically have three main response options:
a) Answer the Complaint
You deny or admit each allegation in the complaint and assert any defenses you may have.
b) File a Motion to Dismiss
If the lawsuit is legally flawed (e.g., lacks evidence, wrong defendant), your attorney may file a motion asking the court to dismiss the case entirely.
c) Negotiate a Settlement
If you admit liability or want to avoid trial, you can settle with the plaintiff outside court. Settlement may involve paying part of the amount or agreeing to certain terms.
How to File an Answer in Court
Step-by-Step:
- Draft a written response to each allegation.
- Include your defenses and any counterclaims, if applicable.
- File the response with the appropriate court before the deadline.
- Serve a copy of the answer to the plaintiff or their attorney.
Tip: Always keep proof of service and file-stamped copies of any documents submitted.
Possible Defenses to a Lawsuit
| Defense Type | Explanation |
|---|---|
| Lack of jurisdiction | Court does not have authority over you |
| Expired statute of limitations | Time to file the claim has passed |
| Mistaken identity | You’re not the correct person being sued |
| Payment already made | You fulfilled the obligation |
| Plaintiff’s own fault | Plaintiff contributed to the issue |
What Happens If You Do Nothing?
Failing to respond to a lawsuit can result in:
- A default judgment against you
- Wage garnishment
- Bank account levies
- Property liens
- Damaged credit score
Taking no action limits your legal rights and makes it harder to contest or settle later.
Attending Court: What to Expect
If your case proceeds to a hearing or trial:
- Arrive early and dress appropriately.
- Bring all necessary evidence and documents.
- Be respectful to the judge and opposing party.
- Present your defense clearly and stick to the facts.
You may testify, call witnesses, and cross-examine the plaintiff’s side.
Can You Countersue?
Yes. If you believe the plaintiff has harmed you in some way, you can file a counterclaim as part of your answer. This turns you into a plaintiff in your own right, and the court will handle both cases together.
If You Lose the Case
Your options may include:
- Pay the judgment voluntarily or via a payment plan.
- File an appeal if you believe the decision was incorrect.
- Negotiate for a reduced amount.
- Explore bankruptcy options in extreme cases.
Even if you lose, some legal protections may prevent total collection of assets.
Internal Resource
For more help understanding the types of insurance that can protect you from legal expenses, refer to our article on legal insurance plans in the U.S. at AssuredPolicy.com.
External Resources
- USA.gov – Respond to a Lawsuit
- National Legal Aid & Defender Association
- Your local state court self-help portal
Frequently Asked Questions (FAQs)
What is a default judgment?
A default judgment is issued when the defendant fails to respond to the lawsuit, granting automatic victory to the plaintiff.
Can I settle a lawsuit out of court?
Yes, settlements can be reached at any time before or during the trial. Many cases settle before going to court.
How long do I have to respond?
Deadlines vary by state, but usually you must respond within 20–30 days after being served.
Will a lawsuit affect my credit score?
Yes, if a judgment is entered against you, it can appear on your credit report and affect your ability to borrow.
Can I ignore the lawsuit if I can’t afford to pay?
No. Even if you can’t pay, it’s important to respond and negotiate terms. Ignoring the case can lead to harsh penalties.
Final Thoughts
Knowing what to do if you’re sued can be the difference between protecting your rights and facing a judgment that affects your income, assets, or credit. From reviewing the complaint and seeking legal advice to responding on time and considering settlement, each step matters. Don’t panic—act fast, stay informed, and use the resources available to you.
