If You're Being Sued
If you find yourself a defendant in a lawsuit, consult with an attorney right away. You only have about three weeks from the day you were served to find an attorney you trust and have him or her file a response. Never ignore a lawsuit, even if you think it's frivolous. If you don't bother filing an answer with the court, the other party can seek a default judgment, which is where you lose your case because you are not defending yourself.
Attorneys often ask for a retainer when you hire them. The retainer is money you put up front so that the attorney knows he or she will be paid for the services provided. As the attorney works towards achieving the best result for you, the fees are deducted from the retainer. If your case suddenly settles and some funds are left, you will get reimbursed for the balance.
Here are a few "do's and don'ts" to consider when you have been sued:
- Do:
- Immediately start gathering together all the paperwork, emails, photos, and other tangible items related to the subject of the lawsuit.
- Answer your attorney's questions honestly.
- Don't:
- Don't panic and start shredding documents that you fear may be incriminating. That sort of behavior makes you look very guilty, and you can get in big trouble for it.
- Don't call the attorney of the person suing you unless you are going to represent yourself. The only advice that attorney will give you is to find an attorney of your own.
- Don't call up the person suing you to ask what this lawsuit is about.
- Don't sign anything or make any statements about the subject over which you are being sued until you speak to your attorney.
Disclaimer: The information in this article is general in nature and the recommendations given herein may not be appropriate to your situation. Reading this article does not create an attorney-client relationship. Every situation is unique and you should consult with an attorney regarding your particular circumstances.