So You're Being Sued: How to Respond to a Lawsuit

Reviewed by Carina Jenkins, J.D.

Your doorbell rings, and a sheriff's deputy hands you a notice and you find out someone is suing you. Now what?

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Although no one wants to be part of a lawsuit, how you respond makes a big difference in the potential outcome. Instead of ignoring the lawsuit and hoping it goes away, follow these steps.

The notification process varies from one jurisdiction to another. It also depends on what type of lawsuit the plaintiff filed. For example, if someone takes you to small claims court, you may receive a copy of the complaint via certified mail. Otherwise, a constable, sheriff's deputy or process server may personally serve you with paperwork.

Occasionally, the court may grant the plaintiff special permission to serve you via mail or public notice. This practice may be used in cases where the plaintiff is unable to locate you or the court believes you're avoiding personal service.

What Next Steps Should You Take Once You Learn You Are Being Sued?

Now that you're aware of the complaint, here's how to respond to a lawsuit. Note that civil cases are typically handled by district courts, so the exact process for filing an answer or responding to other notices may vary slightly based on where you live.

1. Seek Legal Advice

Although you have the right to represent yourself in a civil suit, you have to follow the same rules and processes licensed attorneys do. If you don't know the rules of procedure or understand how to present evidence, you could do real damage to your case.

Before you file an answer or take any other actions, meet with a qualified attorney. Even if you can't afford to retain someone for the duration of your case, you can get helpful advice regarding the legal process.

2. File an Answer

The next step is to file an answer to the lawsuit. Your answer should explain which aspects of the complaint aren't true and outline any potential defenses. Be aware that requirements for the answer can vary by jurisdiction.

You have a limited amount of time to file, so make sure you submit your answer by the deadline listed in the complaint. If you miss the deadline, the plaintiff can ask for a default judgment, which is a ruling in the plaintiff's favor. 

3. Sue the Plaintiff (Optional)

Once you're served, you may be able to file a counterclaim, or lawsuit, against the plaintiff. If you sue the plaintiff, they must file an answer to your complaint, just like you had to file an answer to theirs. You don't have to file a counterclaim, so move to the next step if you don't have a valid claim to pursue.

4. Gather Evidence

At some point, you may need to present evidence at trial. The type of evidence you need depends on what type of lawsuit you're facing. For example, if a credit card company sues you for missing multiple payments, you may need bank statements, canceled checks or other documents to prove you made the payments in question.

If a tenant sues you for not maintaining your rental property, it's helpful to have copies of invoices showing how much you've spent on landscaping, appliances, HVAC repairs and other maintenance activities. You may also benefit from having photos or videos showing the property in habitable condition.

You'll probably be required to exchange evidence with the plaintiff through a process called discovery. 

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5. Attend All Scheduled Proceedings

Depending on how complex the lawsuit is, you may have to attend several legal proceedings, including:

• Motions hearings 
• Depositions 
• Mediation
• Case management conferences 

To preserve your rights and ensure you understand what's happening at every step of the case, make sure you attend all proceedings as scheduled.

6. Negotiate a Settlement or Go to Trial

Once you're sued, you have the opportunity to negotiate a settlement. Some people choose to settle because they don't want to go through the stress of a trial. Settling a lawsuit also gives you more control over the outcome of the case.

For example, if you take the case to trial, there's a chance the judge could find in the plaintiff's favor and award the full amount requested. If you settle the case, you may end up paying the plaintiff less.

If you can't negotiate a fair settlement, or if you think you have a good chance of winning the case, you can go to trial instead. During a trial, the plaintiff presents their case to a judge or jury. Then you have a chance to present evidence or question witnesses to support your claims. Finally, the judge or jury makes a decision.