Being Sued

I've Been Sued, Now What?

If you have been sued or have been served with a summons and complaint, you typically have twenty one (21) calendar days to file an answer.

Failing to answer:
  • If you have fail to answer a complaint you will default and a default judgment is entered against you. 
  • Default means that the suing party wins without allowing you an opportunity to defend yourself. 

What is default?
  • Default is similar to admitting that you did whatever the complaint says. 
  • The court views this as an admission simply because you did not respond or file an answer. 

Can a default be set aside?
  • Yes, however it can be difficult to get a court to set aside a default or default judgment. 
  • It can be expensive
  • Avoiding a default is the best choice, so if you are sued it is in your best interest to immediately contact an attorney. 

Can I respond to the complaint myself?
  • Yes, you can go to the courthouse and fill out a simple written answer
  • This answer requires you to respond to each statement in the complaint, admitting, denying or stating that you can neither admit nor deny because you do not know. 
  • Responding yourself is not recommended however it can provide you additional time to contact an attorney.