Q: I received a letter telling me that I have been sued! I am being named as a party in a lawsuit and it’s the first I am hearing about any lawsuit against myself or my company. What should I do now?
A: All information pertaining to your lawsuit can be found in Public Records, which provides general information about your case. By scheduling a free consultation with Dixit Law Firm, we can attain additional information about your lawsuit, provide you legal advice, and offer you options on protecting your assets.
RESPONDING TO YOUR LAWSUIT:
When being sued, the most important thing to decide is how you will respond to the lawsuit that was filed against you. There are important deadlines involved, that if missed could prevent you from being able to respond altogether. If you do not have any information about your lawsuit, this would be the best time to speak with an attorney that is familiar with your type of case, so that all relevant documents can be requested from the court and your case can be evaluated. The sooner you decide, with the help of an attorney, how to respond to the claim(s) that are being made against you or your company, the more options that will remain available when it comes to defending yourself and protecting your assets.
IF YOU DO NOT RESPOND:
If you choose not to respond to a lawsuit, the party that is suing you can file, what is called, a "Request For Default." A “Default” means that you have defaulted and forfeited the opportunity to defend yourself or your business against any and all claims. Even if you disagree with any part of the case, you will no longer be able to tell the court the portion(s) of the lawsuit that you disagree with because you forfeited your right to respond.
Once the Default is entered against you, the plaintiff has the opportunity to request the court to enter a "Default Judgment" against you and or your business. This allows the plaintiff to prove his or her case to the court, without you, without you being able to dispute matters claimed against you, or defend yourself or business, which may result in you owing the full amount you were being sued for. At this point, the plaintiff could garnish your paycheck, levy on your bank account(s), or put a lien on your house or car.
PROTECT YOUR ASSESTS:
It is important to remember to stay calm and not panic after being served. A lawsuit will not simply go away and you must defend yourself and/or your business. When considering the best ways to defend yourself and protect your assets, you should promptly contact an attorney that is familiar in dealing with your type of case.
I'VE BEEN SUED!
WHAT'S THE NEXT STEP?