Introduction
Being the target of a lawsuit can be a traumatic experience. Even suits over relatively small amounts of money can cause a great deal of stress and anxiety, and the mystery and complexities of the legal system can seem daunting to an inexperienced defendant. If you’ve been slapped with a lawsuit, you have probably experienced all of these emotions. However, with proper research, competent assistance, and aggressive action, you can effectively deal with the lawsuit you’re facing.
The Basics
So just what is a lawsuit? When a person or an organization feels that you have wronged them in some way or owe them money (or both), they can appeal to the courts for relief. The person or organization, now known as a “plaintiff,” would initiate an action against you by filing a “complaint” in the court that has the authority to rule on the matter. That complaint is then entered into the court’s system, and “served” on you – that is, delivered to you to put you on notice that you are being sued. Along with a notice of the complaint, service would typically include an order for you to either appear in court on a specific date, or to respond to the complaint by filing an “answer” within a specific period of time. If all of these steps are done properly, then the lawsuit is in motion.
Your First Steps
Your first step will be to read the complaint carefully, and determine just what you are being sued for. Study the complaint to determine who the parties are, the amount of money involved, etc. If the matter is in a civil court, then the complaint will likely be several pages long, and will have lots of detail. If the matter is coming out of small claims court, then the complaint may be shorter, with only just a few sentences, and may simply be on a one-page court form.
Once you have had a chance to digest the specifics of the complaint, you will want to decide whether or not to retain an attorney. In many jurisdictions, if your case is in civil court, then you will not even have an option, but rather will be obligated to have an attorney. However, if you are in small claims court, or in some civil court situations (again, depending on the jurisdiction), you may have a choice in the matter. The decision of whether or not to retain an attorney is one that you will need to make on your own, after reviewing the details of your particular case. However, being represented usually offers significant value to the defendant in a lawsuit.
The Answer
Your next major step as a defendant in a civil lawsuit will be to provide an answer to the initial complaint. An answer is a response from the defendant, accepting the facts provided the plaintiff, denying them, or stating that not enough is known about the situation to take either position. Answers provide an opportunity for defendants to tell their side of the story for the first time, as well as to assert any affirmative defenses to which they feel they are entitled, such as fraud, statute of limitations, or lack of jurisdiction. The answer is typically one of the first concerns of the defendant, because there is usually a deadline set for when the answer must be submitted to the court. This will vary by jurisdiction, but it is typically about twenty days. Check your local trial and court rules for the exact number in your jurisdiction.
Settle or Trial?
The next step for the defendant is perhaps the most important. At this time, the defendant will need to decide whether to settle the matter, or take it to trial. The vast majority of cases settle long before going to trial. This is because going to trial can be very expensive, complex, time-consuming, and risky for either side. It is often much simpler and less risky to come to a reasonable agreement that is acceptable to both parties.
However, in some instances, going to trial will be the best – or the inevitable – option for the defendant. Perhaps the plaintiff refuses to accept any reasonable settlement offer. Perhaps you, as the defendant, believe strongly in your case, and do not wish to settle. Perhaps there is considerable hostility between the parties, and open communication is not feasible. For these or many other possible reasons, going to trial may be the ultimate outcome of your case. In such a situation, it is almost always best to be represented by an attorney. However, if you are proceeding to trial on your own, you will want to study your local rules and statutes, be thorough in your preparation of documents, witnesses, and other supporting evidence, and, finally, make full use of the many free resources available to defendants both online and in your local court.
Conclusion
Being sued by an individual or a company can be a very stressful experience. However, by arming yourself with the right information, being prepared, and, where appropriate, obtaining the assistance of an experienced attorney, you greatly increase your chances of getting through the process in one piece, and achieving a satisfactory outcome.
NOTE
All legal references are made with respect to Indiana law. Please check the laws of your local jurisdiction if you live in another state.
The articles in this blog are for informational purposes only. No attorney-client relationship is established through the publication of these articles.
