What to Do If You Were Served With a Lawsuit
One of the most sobering days in a business owner’s life is the day he is served with a lawsuit. The first response may be one of disbelief, followed by fear. Many people will have to deal with litigation at some time or another. It is best to know what to do if you were served with a lawsuit. There are some steps you should take to make the process better, and to protect your rights.
Find Out the Basics of the Case
You need to know why you’re being sued. Read the paperwork to learn exactly what is at the root of the case. You must respond to the claim within a specific amount of time. Find out what the lawsuit is about so that you can begin to review it.
Calendar the Answer Date
Do not wait to take action because you could run out of time. We have seen many situations where parties thought they could ignore the deadline to answer. They come to us after a default is entered, which often is too late. The deadlines are real and missing them can mean you cannot assert your legal and factual defenses at all.
Find an Attorney As Quickly as Possible
Lawsuit paperwork can be complex and immediate action is often necessary. It is helpful to have an attorney review your case as soon as possible. Your lawyer will guide you through the process and will begin preparing your response. Some cases can be resolved through negotiation between attorneys. Your lawyer will protect your rights while trying to get the situation resolved in a favorable manner.
Gather All the Pertinent Documentation
As soon as you receive notice of a lawsuit, begin gathering documentation. Your attorney will need to look at everything that pertains to the case. Some items may be more difficult to get, and you may have to put in requests from other organizations or companies. If documentation is filed away you will need to locate it. Your attorney will provide a complete list of information that you will need to have available.
Review Details and Negotiate a Settlement
Once you and your attorney have all the details of the case, you can negotiate with the other party. Determine your options, and consider what compromises you are willing to take to accommodate the situation. Not all cases should proceed to court. Your lawyer will help you examine your case to decide how to best proceed.
When you have been served with a lawsuit, contact the experienced lawyers at Udall Shumway PLC to review your case in a consultation.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Served With a Lawsuit, or any other litigation matters, please feel free to contact Roger C. Decker at 480.461.5343, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.