Lawsuit
Respond correctly and on time, understand what you're actually facing, and reach the best possible outcome — without letting panic lead to mistakes that make things worse.
Your Checklist
Create a free account to track your progress through this checklist.
Sign up freeImmediate
First 24–72 hours
Read the summons and complaint carefully — and note the deadline
The summons tells you how many days you have to respond (typically 20–30 days, depending on state and court). Missing this deadline results in a default judgment against you — meaning you automatically lose.
Contact an attorney immediately
Even if you believe the claim is baseless, you need legal advice before you do anything — including responding to the plaintiff. Many offer free initial consultations. Time is not on your side here.
Notify your insurance company
Many lawsuits are covered by homeowners, auto, umbrella, or business liability insurance. Call your insurer before doing anything else — they may provide a defense attorney and pay any judgment up to policy limits.
Preserve all relevant documents, emails, texts, and records
Do not delete anything that could be related to the lawsuit. Destroying relevant evidence after litigation begins — even accidentally — is called spoliation and can result in severe legal penalties.
Do not contact the person suing you
Anything you say to the plaintiff — by phone, email, text, or in person — can be used as evidence against you. All communication must go through your attorney once you've retained one.
Do not post about the lawsuit on social media
Courts and opposing counsel regularly search social media. A single post can undermine your defense, contradict your testimony, or give the plaintiff new ammunition. Keep it completely offline.
Milestones
This Week
Days 3–14
Retain an attorney and sign a representation agreement
Don't delay. Your attorney needs time to prepare a response. If cost is a concern, discuss payment options — some work on contingency, some offer payment plans, and your insurer may cover it entirely.
Gather and organize all evidence related to the claim
Work with your attorney to compile contracts, receipts, photos, communications, and witness contacts. The stronger your documentation, the better your position whether you settle or go to court.
Understand the full scope of what's being claimed
Review the complaint with your attorney line by line. Understand each cause of action, the damages being sought, and what defenses are available. Many complaints contain overblown or inaccurate claims.
Evaluate your assets and review your insurance coverage
If you lose, what are you exposed to? Most states protect certain assets (primary home, retirement accounts) from civil judgments. Understanding your exposure helps you make rational decisions about settlement.
File your response to the complaint on time
Your attorney will draft and file an Answer (and any counterclaims) before the deadline. This is the single most time-sensitive action — a default judgment is very difficult to undo.
Small claims court is different — but still take it seriously
Small claims cases (typically under $10,000–$15,000) move faster and don't require an attorney, but a judgment is still a judgment. Even small claims suits should be taken seriously and responded to.
Getting Resolved
2 weeks to 90 days
Engage in the discovery process
Both sides exchange evidence, answer written questions (interrogatories), and potentially give depositions. Your attorney manages this process, but you must respond promptly and accurately to all requests.
Seriously evaluate settlement offers
Most civil cases settle before trial. Your attorney can advise whether an offer is reasonable given the evidence and your exposure. Settling early often costs less — in money, time, and stress — than going to court.
Explore mediation
Many courts require or encourage mediation before trial. A neutral mediator helps both parties reach an agreement. It's confidential, faster than trial, and often produces better outcomes than a judge or jury.
Prepare for trial if settlement fails
If the case goes to trial, work closely with your attorney on witness preparation, evidence presentation, and courtroom strategy. Being an organized, credible defendant matters.
Understand a judgment and your options if you lose
If you receive an adverse judgment, you may have the right to appeal. You may also negotiate a payment plan with the plaintiff or, in extreme cases, consult a bankruptcy attorney to understand your options.
Milestones
What to Avoid
Common mistakes and pitfalls at each stage of this transition.
Do not contact the person suing you
Anything you say to the plaintiff — by phone, email, text, or in person — can be used as evidence against you. All communication must go through your attorney once you've retained one.
Do not post about the lawsuit on social media
Courts and opposing counsel regularly search social media. A single post can undermine your defense, contradict your testimony, or give the plaintiff new ammunition. Keep it completely offline.
Small claims court is different — but still take it seriously
Small claims cases (typically under $10,000–$15,000) move faster and don't require an attorney, but a judgment is still a judgment. Even small claims suits should be taken seriously and responded to.
Frequently Asked Questions
Can I just ignore the lawsuit?
No. Ignoring a lawsuit results in a default judgment — the court automatically rules in the plaintiff's favor for the amount they're asking. This can lead to wage garnishment, bank levies, and liens on your property. You must respond.
What if I can't afford an attorney?
If you're a low-income individual, your local legal aid organization may provide free representation. Some attorneys work on contingency (paid only if you win a counterclaim). Your homeowners or auto insurer may also provide a free defense attorney if the claim is covered.
Will this affect my credit?
The lawsuit itself doesn't appear on credit reports. However, if a judgment is entered against you and you don't pay it, the judgment can be reported to credit bureaus and appears in public records, which can affect your credit score and your ability to rent or borrow.
What's the difference between a civil and criminal case?
A civil lawsuit is brought by a private party (not the government) seeking money damages or specific actions. You won't go to jail in a civil case, but you can have money or property taken. Criminal charges are brought by the government and can result in imprisonment. ---
Resources
Free and low-cost legal help by state
Find the right federal court if applicable
Lawyer referral service by state and specialty