What To Do If Your Being Sued?
Being in a court of law and going before a judge can be a scary prospect. This is particularly true if you have been named the defendant in the case. Being a defendant is not limited to a criminal case. There are defendants in civil cases as well. Being a defendant simply means that you must respond to a complaint or legal charge against you.
What to do after being sued? Well, follow these steps to help increase your chances of a favorable judgment.
1. Don't ignore the Lawsuit: No matter how frivolous you think the lawsuit is, or how little you want to deal with it at that moment, you have to respond. Your time to respond is very limited. If you don't respond to the lawsuit within the allotted time, the other party will win a default judgment against you. This means they automatically win, even if you had a good defense.
2. Contact a Lawyer: And do it right away. Lawsuits are serious. You or your business could be at risk, and you want to give your lawyer time to gather some basic facts and prepare responses. Hiring a lawyer, as much as you might have to interfere with your budget for the month, is far better than defending yourself. Why? Mostly because you are the one being sued and you can never compare yourself to a professional. A lawyer knows better and can turn the whole case upside down to ensure you win.
3. Prepare: As a general rule, when you are served or you become aware that there may be litigation, you need to begin preserving relevant documents. Your lawyer can give you advice regarding specific types of information to keep.
4. Stay involved: Don't just turn the matter completely over to your lawyer. Work together in making major decisions on how to proceed, but defer to your lawyer's expertise on the details.
5. Attempt to Negotiate a Settlement. Both parties in a dispute have the option of negotiating a settlement prior to going to court. You may attempt to negotiate on your own or seek the assistance of a mediator. There are many advantages to mediation. Of course, most disputes end up in court because this option didn't work.
6. Discuss Countersuit with Your Lawyer. If you have claims against the person who sued you, then you may want to file a countersuit against the person who sued you. There can be strategic advantages to filing a countersuit, although any advantages must be weighed against the increased costs and the chances that a countersuit will deepen tensions between you and the plaintiff.