Being served with a lawsuit can be an overwhelming and confusing experience. Knowing the right steps to take after being served with a lawsuit is crucial to protecting your rights, your assets, and avoiding a potentially disastrous outcome. This blog post will guide you through the essential considerations and actions you should take if you find yourself on the receiving end of a lawsuit. 

Act Quickly: Understand Deadlines and Avoid Default 

First and foremost, understand that time is of the essence. Lawsuits have strict deadlines, and failing to meet them can have severe consequences. The most serious consequence is a default judgment. This means the court enters a judgment against you without your participation, granting the plaintiff everything they requested. This could involve significant financial penalties or other unfavorable outcomes. Therefore, as soon as you are served, determine the deadline to respond, which is typically stated in the summons. 

To calculate the deadline to respond to a summons, first identify the date of service, which is when the summons was officially delivered to you by a sheriff or process server. This date is crucial as it starts the clock for the response period. Next, refer to the document titled “Summons” that was served on you. It will state the timeframe for responding. You can also refer to the applicable rules of civil procedure for the court in which the case is filed. Typically, defendants have a set number of days, often 20 for Florida State Court, 5 days for Eviction actions in state Court, or 21 days for federal actions, to file a response or answer with the court. It’s important to consider any weekends or holidays that might extend the deadline. Always verify the rules for any specific exceptions or extensions that may apply. 

Once you have determined the deadline to respond, consider whether you need to obtain legal counsel. For companies served with a lawsuit, legal representation is often mandatory. In many jurisdictions, including the State of Florida, a corporation cannot appear in court without an attorney, and failure to secure representation can lead to a judgment against them on that basis alone. For lawsuits that name a person as the Defendant, that person has the ability to act as their own counsel.    

Representing Yourself 

While hiring an attorney is generally recommended, some individuals choose to represent themselves. As with hiring an attorney, representing yourself has both advantages and disadvantages. These are some considerations to weigh while making the decision to represent yourself: 

Pros: 

• Cost Savings: Representing yourself eliminates attorney fees. 

• Personal Knowledge: You have intimate knowledge of the facts of your case. 

• Online Resources: There are numerous online resources that can provide you with information and guidance on legal procedures. 

Cons: 

• Held to the Same Standard: Courts hold individuals representing themselves to the same legal standards as attorneys with a license to practice law. 

• Lack of Legal Expertise: You may lack the necessary knowledge of the law, rules of procedure, rules of evidence, and court procedures to successfully navigate your matter and represent your interests within the legal framework.  

• Increased Stress: Navigating the legal system alone can be incredibly stressful and time-consuming. 

• Disadvantage: If Plaintiff is represented by an attorney, you will be at a disadvantage.  

If you choose to represent yourself, make sure to file a response with the court before the deadline to respond expires. If you do not, the court can enter a judgment against you.  

Legal Counsel 

The best way to protect your rights is to hire a licensed attorney. An attorney can explain the complexities of your lawsuit, help you understand your options, ensure timely response to case deadlines, and represent you in court. These are some considerations to weigh while making the decision to hire an attorney: 

Pros: 

• Legal Expertise: Attorneys have the knowledge and experience to effectively navigate the legal system in furtherance of your interests and goals. 

• Strategic Advantage: An attorney has experience with other attorneys and cases to implement in developing a strong defense strategy.  

• Reduced Stress: An attorney will handle deadlines, drafting documents, filing documents, and coordinate all the required court events with opposing counsel associated with your legal proceeding. This can alleviate some of the stress and burden you are now faced with. 

Cons: 

• Cost: Legal representation can be lengthy and expensive.  

• Knowledge: No one is going to know the facts of your case better than you. 

The cons associated with hiring an attorney can be minimized if you choose the right attorney for you and your matter.  

Choosing the Right Attorney 

If you decide to hire an attorney, choosing the right one for your case is essential. Look for an attorney who: 

• Specializes in the relevant area of law: Different attorneys specialize in different areas. Ensure the attorney you choose has experience handling cases similar to yours. 

• Has a good track record: Research the attorney’s past cases and client reviews to assess their success rate. 

• Communicates effectively: Choose an attorney who communicates clearly and keeps you informed about the progress of your case. 

• Offers a fee structure you can afford: Discuss fees upfront and ensure you understand the attorney’s billing practices. 

Facing a lawsuit can be overwhelming but taking swift and informed action can significantly impact the outcome. Understanding your options and making the best decision are crucial steps in protecting your rights and interests.