It can be quite an ordeal when you know you are facing a lawsuit. There are so many things to think about, and there are so many necessary things to do. But where do you start? What are the things you have to do first, and things you have to do immediately? Here is a step by step guide on what to do when facing a lawsuit.
- Contact your lawyer: Once you are informed that you are going to be facing a lawsuit. One of the first things you should do is to contact your attorney and tell him/her about the situation. Once you have made contact with your legal representation, it is advisable to set up a meeting so that you can discuss your options with your attorney. They can help determine the best legal defense, and what your next course of action should be.
- Carefully go Through your Lawsuit Papers: Once you have contacted your lawyer, you can both carefully go through the documentation of the lawsuit against you so you can understand why someone is suing and why. You will need your lawyer’s advice to determine what the suit is all about.
- Review the Complaint and the Summons of your Suit: Your lawyer will possibly inform you to do so and inform you of what these terms mean. But the complaint is an outline of the claims made against you. The summons will tell you what you are required to respond with and the court deadlines. This will depend on your state’s laws.
- Determine your response with your Lawyer: Once you are in contact with your lawyer, you can determine what your response will be. This can be filing an answer to the lawsuit, or it could be filing a motion to dismiss. This will all depend on the kind of lawsuit and what it includes. You can also talk to your lawyer about possibly negotiating a settlement. But you have to make sure to resolve what your response will be and submit before the deadline. Failure to do so may result in your losing the lawsuit by default.
- Documentation and Evidence: Once you have determined the course that you want to take with your lawyer, the next step is to gather all the relevant documentation and evidence. This includes all messages, emails, contracts, receipts and all documents relating to your lawsuit. This helps organize your defense and prepares your attorney for your side of the lawsuit.
- Comply with orders from the court: Once you have everything prepared, you have to comply with all the court orders. This means preparing to accept if the court rules against you, and you have to comply with the terms of the judge. Conversely, prepare if the judgement is for you and you will then receive relief or compensation from the terms. You also have to ensure that any settlement that is agreed upon is legally binding and in writing.
- Prepare for Court: Finally, you have to prepare for court proceedings. You can expect court dates and times for hearings, depositions, or even mediation. You can work with your attorney to schedule what you can and make sure that you are present in attendance for all the compulsory court appearances.
There are many challenges in facing a lawsuit. It can be overwhelming if you do not know what to do. But if you consult with your legal advisor or your lawyer and follow the necessary steps, you can minimize the risks and protect your rights.
