Being served with a lawsuit is stressful, but how you respond in the first few weeks matters more than you think. Here is what to do and what to avoid.
Do Not Panic and Do Not Ignore It
The single worst thing you can do when served with a lawsuit is ignore it. If you fail to respond, the court can enter a default judgment against you, meaning the plaintiff wins automatically without having to prove their case. This can result in wage garnishment, frozen bank accounts, or liens on your property.
Take a breath, read the documents carefully, and note every date mentioned. The complaint will tell you who is suing you, what they are claiming, and what they want. The summons will tell you how long you have to respond. Do not contact the plaintiff directly to try to resolve it informally -- anything you say can be used against you later.
Preserve every document related to the dispute immediately. Do not delete emails, text messages, or any records that could be relevant. Destroying evidence, even accidentally, can result in serious sanctions from the court.
Understanding Your Response Deadline
Every lawsuit comes with a strict deadline to file your response, typically called an "answer." In most state courts, you have 20 to 30 days from the date you were served. In federal court, the standard deadline is 21 days. These deadlines are not flexible -- missing them by even one day can result in a default judgment.
The clock starts ticking from the date of service, not the date you actually read the documents. If you were served by a process server or received certified mail, the date on the proof of service is your starting point. Some jurisdictions count calendar days while others count business days, so confirm your local rules immediately.
If you need more time, you or your attorney can file a motion for an extension. Many courts will grant a reasonable extension if requested before the deadline passes, especially if it is your first request. But never assume you will get an extension -- always prepare as if the original deadline is final.
Finding an Attorney and Answering the Complaint
If the amount at stake justifies it, hiring an attorney should be your first step. Look for a lawyer who specializes in the type of case you are facing -- a contract dispute attorney is different from a personal injury defense attorney. Many attorneys offer free or low-cost initial consultations where they can assess your case and explain your options.
Your answer is a formal document filed with the court that responds to each allegation in the complaint. For every claim the plaintiff makes, you must either admit it, deny it, or state that you lack sufficient information to admit or deny. You can also raise affirmative defenses, which are legal reasons the plaintiff should not win even if their facts are correct. Common affirmative defenses include statute of limitations, lack of jurisdiction, and failure to state a claim.
If you believe the plaintiff actually owes you something, you can file a counterclaim as part of your answer. This puts the plaintiff on defense and can change the dynamics of the entire case. An attorney can help you identify counterclaims you may not have considered.
The Discovery Process
After the initial pleadings are filed, both sides enter discovery -- the phase where each party investigates the other side's claims and evidence. Discovery tools include interrogatories (written questions you must answer under oath), requests for production of documents, requests for admission, and depositions (in-person testimony under oath).
Discovery can be the most expensive and time-consuming part of litigation. You are legally obligated to respond honestly and completely to discovery requests. Hiding or withholding relevant documents can lead to sanctions, adverse inference instructions (where the judge tells the jury to assume the hidden evidence was bad for you), or even dismissal of your defenses.
During discovery, both sides get a much clearer picture of the strengths and weaknesses of each case. This is often when settlement discussions become most productive because both parties can realistically assess their chances at trial.
Settlement vs. Trial: Making the Decision
The vast majority of lawsuits settle before trial -- estimates range from 90 to 95 percent. Settlement is not an admission of guilt. It is a business decision based on the cost of continued litigation, the risk of an adverse verdict, and the value of certainty. Trial outcomes are unpredictable, and even a strong case can produce a surprising result.
When evaluating a settlement offer, consider the total cost of going to trial (attorney fees, expert witnesses, your time away from work), the probability of winning, the amount you could owe if you lose (including the other side's attorney fees in some cases), and the emotional toll of prolonged litigation. A good settlement is one where both sides are slightly unhappy -- that usually means it was fair.
If settlement fails and you proceed to trial, be prepared for a process that can take days or weeks. You will need to be organized, credible, and patient. Your attorney will handle the legal arguments, but your demeanor and testimony can significantly influence the outcome.