What to Do If You’re Sued: A Step-by-Step Legal Guide

Finding yourself on the receiving end of a lawsuit can be one of the most stressful experiences in life. Whether you’re being sued by a debt collector, a former business partner, or involved in a contract dispute, the moment you receive those court papers can trigger panic and confusion. But ignoring the problem won’t make it go away. In fact, doing nothing is the worst possible response when you’re served with a summons and complaint.

The good news is that you have options and rights as a defendant in a civil lawsuit. Understanding the legal process and taking appropriate action within the required deadlines can make the difference between losing everything by default and successfully defending your case. This comprehensive guide will walk you through exactly what to do when you’re sued, from the moment you receive the initial papers to your potential day in court. Whether you’re facing a debt collection case, a personal injury claim, or any other type of civil action, these steps will help you navigate the legal system and protect your interests. Remember, responding promptly and strategically is crucial to avoiding a default judgment and preserving your ability to present your side of the story.

Understanding the Documents You Received

When you’re served with a lawsuit, you’ll typically receive two critical documents that you need to understand immediately.

The Summons

The summons is your official notice that legal action has been filed against you. This document tells you that you’re required to respond to the lawsuit within a specific timeframe. The summons will include important information such as the court where the case was filed, the case number, and most critically, your court deadline to respond. Depending on your state and how you were served, you typically have between 20 to 30 days to file a response.

The Complaint

The complaint (sometimes called a petition) is where the plaintiff explains why they’re suing you and what they want from the court. This document will be organized into numbered paragraphs that outline the facts of the case as the plaintiff sees them, the legal basis for their claim, and the relief they’re seeking (usually money damages or some other court order). Reading the complaint carefully is essential because you’ll need to respond to lawsuit allegations paragraph by paragraph in your answer.

Your Response Timeline: Don’t Miss the Deadline

One of the most critical aspects of being sued is understanding and meeting your response deadline. This isn’t flexible, and missing it can have severe consequences.

How Long Do You Have?

The timeframe to file an answer varies by jurisdiction and how you were served:

• Personal service (handed to you directly): Usually 20-21 days
• Substitute service (left with someone else or by mail): Usually 30 days
• Small claims court: Often shorter deadlines, sometimes as little as 5-10 business days

Start counting from the day after you received the documents, and remember that if your deadline falls on a weekend or holiday, it extends to the next business day.

What Happens If You Miss the Deadline

If you fail to respond by the deadline, the plaintiff can request a default judgment against you. This means the court can grant everything the plaintiff asked for without hearing your side of the story. A default judgment can result in:

• Garnish wages directly from your paycheck
• Freeze or levy your bank accounts
• Place liens on your property
• Damage your credit score for years

A default judgment is difficult and expensive to overturn, so meeting the deadline is absolutely critical.

Evaluate Your Options: Different Ways to Respond

Once you understand what you’re facing and your timeline, you need to decide how to respond. You have several options, and choosing the right one depends on your specific situation.

Option 1: File an Answer

Filing a response through an answer is the most common way to defend a lawsuit. An answer allows you to:

• Admit or deny each allegation in the complaint
• Assert affirmative defenses (legal reasons why you shouldn’t be held liable)
• Bring up facts that support your side of the story
• Keep the case active so you can defend yourself

When you file an answer, you’re telling the court that you dispute the plaintiff’s claims and that they must prove their case with evidence. This forces the plaintiff to actually demonstrate that you owe what they claim.

Option 2: File a Motion to Dismiss

A motion to dismiss argues that the case should be thrown out for legal or procedural reasons, such as:

• The court doesn’t have jurisdiction over you
• The service of process was improper (you weren’t served correctly)
• The plaintiff waited too long to sue (statute of limitations expired)
• The complaint fails to state a valid legal claim

Filing a motion to dismiss can buy you time, as your deadline to file an answer is usually postponed until the court rules on your motion.

Option 3: File a Counterclaim

If the plaintiff actually owes you money or harmed you in connection with the same situation, you can file a counterclaim. This turns you from a defendant into a counter-plaintiff, allowing you to seek damages or other relief from the person who sued you. Counterclaims can be powerful negotiating tools in reaching a settlement.

Option 4: Negotiate a Settlement

You don’t have to wait for a trial to resolve the case. Many lawsuits are settled through negotiation or mediation before ever reaching a courtroom. If you owe some money but dispute the amount, or if there’s room for compromise, reaching out to the plaintiff or their attorney about settlement can save everyone time, money, and stress. However, still file a response to protect yourself in case negotiations fail.

Getting Legal Help: When and How

Deciding whether to hire an attorney or represent yourself (called appearing pro se) is one of the first decisions you’ll need to make.

When You Should Hire a Lawyer

Consider hiring an attorney if:

• The amount of money at stake is substantial
• The legal issues are complex
• You’re facing a well-funded opponent with legal representation
• Your assets, home, or business are at risk
• You don’t understand the legal claims against you

Finding Affordable Legal Assistance

If you can’t afford a private attorney, you have several options:

Free or Low-Cost Legal Aid

• Legal aid organizations serve low-income individuals with free legal advice and representation
• Visit LawHelp.org to find services in your area
• Many state bar associations offer pro bono (free) legal assistance programs

Limited Scope Representation

• Hire an attorney just for specific parts of your case, like reviewing documents or appearing at one hearing
• This “unbundled” legal service costs significantly less than full representation

Law School Clinics

• Many law schools operate free legal clinics where supervised students provide assistance

Consultation Services

• Even if you can’t afford ongoing representation, a one-time paid consultation can help you understand your options and develop a strategy

How to File Your Answer: Step-by-Step

If you decide to file an answer yourself, here’s how to do it properly.

Step 1: Use the Right Form

Many courts provide fill-in-the-blank answer forms that you can use. Check your local court’s website or visit the court clerk‘s office to obtain the correct forms. Some states have specific forms for different types of cases (debt collection, contract disputes, personal injury, etc.).

Step 2: Respond to Each Paragraph

Go through the complaint paragraph by paragraph and respond to each one. For each numbered paragraph, you must state whether you:

• Admit the allegation (agree it’s true)
• Deny the allegation (disagree that it’s true)
• Lack sufficient knowledge to admit or deny (you don’t know if it’s true)

Be honest but strategic. If you’re unsure about something, it’s better to deny it or state you lack sufficient knowledge than to admit something that could hurt your case.

Step 3: Include Your Defenses

Beyond just admitting or denying allegations, your answer should include any affirmative defenses you have. Common defenses include:

• Statute of limitations: The plaintiff waited too long to sue
• Payment: You already paid the debt
• Mistaken identity: You’re not the person who owes the money
• Breach of contract: The plaintiff didn’t fulfill their obligations
• Fraud or misrepresentation

Step 4: File with the Court

Once your answer is complete:

1. Make at least three copies of all documents
2. Take the original and copies to the court clerk’s office
3. Pay the filing fee (or request a fee waiver if you qualify)
4. Get the copies stamped “filed” by the clerk
5. Keep one stamped copy for your records

Step 5: Serve the Plaintiff

You must provide a copy of your filed answer to the plaintiff or their attorney. This is called “serving” your response. You can usually do this by:

• Mailing it via certified mail with return receipt requested
• Having someone over 18 (not you) personally deliver it
• Using the court’s electronic filing system if available

Keep proof that you served your answer, as you may need to file a certificate of service with the court.

Special Considerations for Debt Collection Lawsuits

Many lawsuits involve debt collectors or creditors trying to collect unpaid debts. These cases have some unique considerations.

Verify the Debt is Valid

Debt collection lawsuits are common, but creditors and collectors must prove:

• You actually owe the debt
• The amount claimed is accurate
• They have the legal right to collect from you
• The debt isn’t too old to collect (statute of limitations)

Don’t assume the creditor’s claims are correct. Demand that they prove their case with proper documentation showing the original creditor, account statements, and a chain of ownership if the debt was sold.

Know Your Rights Under Federal Law

The Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive debt collection practices. Debt collectors cannot harass you, lie to you, or use unfair practices. If a collector violated your rights, you may have defenses or even a counterclaim. For guidance on your rights, visit the Consumer Financial Protection Bureau website.

What Happens After You File Your Answer

Once you’ve filed your answer, the case moves forward through several potential stages.

Discovery Phase

Both sides exchange information and evidence through a process called discovery. This might include:

• Written questions (interrogatories)
• Requests for documents
• Depositions (oral testimony under oath)

You must respond to discovery requests within the deadlines provided, or you could face penalties.

Settlement Negotiations and Mediation

Most cases settle before trial. The court may require you to attend mediation, where a neutral third party helps both sides reach an agreement. Even without formal mediation, you can negotiate directly with the plaintiff or their attorney at any time.

Pretrial Motions and Hearings

There may be additional court hearings on various motions before trial. You must attend all scheduled hearings, or the court could enter a judgment against you for failure to appear.

Trial

If the case doesn’t settle, it will go to trial before a judge or jury. At trial, both sides present evidence and testimony, and the judge or jury decides who wins. Going to trial is expensive and time-consuming, which is why most cases settle beforehand.

Important Things to Remember

Throughout the legal process, keep these key points in mind:

Document Everything

• Keep copies of all court papers, correspondence, and evidence
• Maintain a file with dates and notes of all communications
• Take photos, save emails, and preserve any evidence that supports your defense

Meet All Deadlines

• Calendar every deadline and set reminders
• File documents several days early when possible
• If you can’t meet a deadline, file a motion for extension before it passes

Follow Court Rules

• Each court has specific rules for formatting documents, filing procedures, and courtroom conduct
• Review your local court’s website or rules of civil procedure
• Violating court rules can harm your case

Stay Professional

• Keep communications with the plaintiff and court respectful
• Don’t let emotions drive your decisions
• Focus on facts and legal arguments, not personal attacks

Update Your Contact Information

• If you move, immediately notify the court and plaintiff of your new address
• Missing notices because the court can’t reach you can result in default

Conclusion

Being sued is undoubtedly stressful, but understanding the process and taking prompt action can make a significant difference in the outcome. The most important steps are to carefully read the summons and complaint you received, calculate your response deadline, and file an appropriate response before time runs out. Whether you choose to file an answer, hire an attorney, or negotiate a settlement, doing something is always better than ignoring the lawsuit and facing a default judgment. Remember that you have rights as a defendant, and the legal system provides mechanisms for you to present your side of the story. Don’t let fear or confusion prevent you from defending yourself. If you’re unsure how to proceed, seek legal advice from a qualified attorney or legal aid organization as soon as possible. With the right approach and timely action, you can navigate the legal process and work toward the best possible resolution for your situation.