You've Been Served - Now What?

For most individuals, being served with a Summons is not an everyday occurrence. Unless you work within the court system or at a law firm, legal documents probably arouse some level of trepidation when someone brings them to your door. Hopefully a few basic "Dos" and "Don'ts" will help to ease that fear.  

DON'T ignore the Summons. The worst possible course of action after being served would be to ignore the issue. Even if you are 100% in the right, the problem will not go away if you ignore it. In fact, it will likely get exponentially worse.   

DO read everything in the Summons and Complaint. You should review what the Summons and Complaint have to say. The Complaint outlines the allegations against you.  Although the technicalities and legalities within the Complaint may be confusing, that document will give you an overview of why you are involved in the lawsuit.   

DON'T skip court dates. If the Summons lists a date when you are to appear in Court, make sure you are there. This goes along with the suggestion that you not ignore the Summons. There is never anything good that comes from missing scheduled Court hearings. There could be default judgments entered against you, which might eventually affect your credit. Missing some Court dates may result in the issuance of a body attachment for your arrest. Court dates are not something to take lightly.  

DO calendar dates. If there are dates listed in the Summons, make sure you set a reminder for those dates. I keep an electronic calendar, and Court dates get calendared immediately when they are received. Judges do not like when anyone fails to appear, but that is especially true for lawyers.  

DON'T immediately contact opposing counsel without legal representation. The attorney's office that filed the Complaint does NOT represent you. They represent their client and their client's interests. They have no obligation to explain the legal ramifications of your actions to you, and anything you tell them may be used against you later in the proceeding.

DO contact your insurance company. If you have been sued, you should notify your insurance company about the Complaint. This is not to say that you will necessarily be covered, but prompt notification is usually essential to make sure you are covered if the claim against you is something you are insured against.   

DON'T talk about the lawsuit with other people or online. It may be tempting to fight the Complaint in the court of public opinion. Don't do it. Anything you say to others or publish online may be used against you later in the proceeding. Especially early on in the proceeding, you should only discuss the lawsuit with your insurance company and your attorney.

DO contact a reputable attorney in your area. This is the best advice I can give. An attorney is going to be familiar with the legal process in your county, and will be able to give you guidance on how to proceed. Call and make an appointment to see a lawyer right away. If it is not the type of case their office handles, they would be in a great position to give you a recommendation on who to call. Make sure to give the attorney plenty of time to handle the issue. Tell his office of any upcoming deadlines or court dates when you call to schedule an appointment.

If you follow this advice, you will be well on your way to resolving your issue. Being sued is typically unfamiliar, and initially it can be scary. You may not be able to make the issue go away overnight, but you will sleep much better knowing that you have competent legal representation protecting your interests.