What to Do if You Get Sued in 2025 (Follow These 5 Steps)
Hire an attorney to find out what to do if you get sued. Review the complaint and note the deadline to respond. Defendants typically have 30 days, but this varies by state, with Utah only giving 15 days for an answer. Your attorney will know how to react to a lawsuit and can file motions on your behalf.
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Robert K. Scott, Esq. is a well-known trial attorney, specializing in all aspects of insurance litigation against insurance companies on behalf of the insured. Rigorously maintaining the highest standards of professional ethics, he has obtained multi-million dollar judgments, substantial arbitration awards, and out-of-court settlements on behalf of his clients. His clients have ranged from indi...
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UPDATED: Dec 31, 2024
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We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
UPDATED: Dec 31, 2024
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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Wondering what to do if you get sued? Review the complaint and understand what the plaintiff is seeking and why.
As a defendant in a civil lawsuit, you must respond by the claim’s deadline. Hire an attorney for legal expertise to minimize the lawsuit’s impact on your life.
Keep reading to learn how to respond to being sued. We also cover what to do if you get sued for credit card debt.
I’m being sued — now what? Enter your ZIP code to consult an attorney for free.
- Step #1: Review the Complaint — Understand the claims against you.
- Step #2: Hire an Attorney — A lawyer responds to claims and prepares you for trial.
- Step #3: Respond by Deadline — You must answer the lawsuit within a set period.
- Step #4: Mediation — You may be able to settle without going to trial.
- Step #5: Trial — A judge or jury rules on your lawsuit.
What to Do When You Are Being Sued: 5 Simple Steps
If someone sues you, how are you notified? How you find out if a lawsuit has been filed against you is by being served with the summons by a federal marshall.
Civil cases are a type of lawsuit where a plaintiff files a formal complaint with the court, which then serves the notice to you, the defendant. Follow the steps below to learn what to do if you have been sued.
Step #1: Review the Complaint
I am being sued — what do I do? First, read the lawsuit carefully to understand the claims against you and what the plaintiff wants in damages. The claim will explain what led to the lawsuit and the damages being sought. It will also include why the court has jurisdiction and when you need to file your response.
Step #2: Hire an Attorney
The most important thing to do when you find out you are being sued — as soon as you are served with a complaint — is to contact a lawyer immediately. Do not wait. An attorney is skilled in litigation law (negotiating) and can help settle your case before trial if that is the best option.
They can tell you how to respond to the claims, what your defenses may be, and prepare your case for trial. An attorney will also exchange information and evidence with the plaintiff through formal legal requests for documents, interrogatories, and depositions to gather evidence.
In most cases, your lawyer will serve as your agent in court, taking responsibility for filing legal forms, talking to the judge, and presenting your arguments.
Step #3: Respond by the Deadline
As most complaints will state, there is a set period of time (usually around thirty days) in which you may legally respond to the claims when you are being sued. If you wait too long, a default judgment is entered against you.
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If you’re wondering how to file an answer to a lawsuit, check out our guide to determine which court to file a lawsuit in.
Step #4: Mediation
Before going to trial, explore options like mediation or settlement negotiations to potentially resolve the dispute outside of court. Unlike a trial, mediation allows the parties to maintain control over the outcome and save time, stress, and costs.
Is the agreement reached in mediation enforceable? The agreement can be legally binding, but the case proceeds to trial if no settlement is reached in time.
Step #5: Trial
Civil lawsuits go to trial when parties cannot agree on a settlement or resolution through negotiation, mediation, or other pretrial methods. Both sides present their case, including witnesses and evidence, to a judge or jury, who issues a verdict.
Read More: Who can file a lawsuit?
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What to Do if You Get Sued for Debt
If you get sued by a creditor or debt collector, don’t ignore it — acting quickly is important. Here’s what to do if you get sued by a credit card company:
Legal Guidelines for Responding to a Civil Lawsuit| Guideline | Description |
|---|---|
| Review the Complaint | Carefully read the lawsuit document to understand the allegations against you and the damages the plaintiff is seeking. |
| Consult an Attorney | Meet with an attorney to understand your rights, the next best steps to take, and to develop a defense strategy. |
| Respond by Deadline | File an answer to the complaint outlining your defense within the legal time frame. |
| Discovery Phase | Exchange information and evidence with the plaintiff through formal, legal requests. |
| Motion Practice | Your attorney may file motions to dismiss the lawsuit or strike certain portions of the complaint based on legal grounds. |
| Mediation | A voluntary, confidential process where attorneys help disputing parties reach a mutually agreeable settlement. |
| Settlement | Resolution without a trial, often involving compensation, property transfer, apologies, or policy changes. |
| Trial | Formal legal process where a judge or jury examines evidence to decide a case's outcome in court. |
First, read the lawsuit carefully to understand the claims, including how much it says you owe. If you don’t recognize the debt, ask for proof.
Next, check the deadline to respond (usually 20-30 days). File your answer within that time to admit, deny, or explain the claims against you. This stops the credit card company from winning automatically.
During the process, consider negotiating a settlement. You might be able to pay less than the full amount. Reach out to a lawyer if you need help or legal aid services.
Read More: 3 Things Not to Do When Being Sued by a Debt Collector
How to Respond to a Lawsuit Without an Attorney
I’m getting sued but can’t afford an attorney — what do I do? The judgment debtor can respond to the lawsuit without a lawyer by preparing an answer to the complaint themselves that denies or addresses the allegations.
Visit a law library website and search “Answer to Complaint” in the Pleading and Practice index for a general format. Your answer should include a verification section at the end, where you sign and date under penalty of perjury, confirming your statements are true.
File the completed answer at the court with the verification and proof of service. The proof of service states you’re over 18 and mailed a copy of the documents to the opposing party (or their attorney) via first-class mail, listing their name, address, and mailing date. Ensure the filing, mailing, and signature dates all match.
Case Studies: Navigating Lawsuits and Legal Challenges
These case studies reveal what happens when people get sued, showing the consequences of different responses. Find out what to do if you get sued and how to react to a lawsuit — whether it’s negotiating, appeals, or knowing which critical mistakes to avoid.
Read More: If I appeal a court’s decision, will it delay the judgment?
Case Study 1: The Importance of Timely Response
In this case, John was served with a complaint stating that he was being sued for damages resulting from a car accident. However, John failed to respond within the specified timeframe and missed his opportunity for car accident mediation. A default judgment was entered against him. This case highlights the crucial need for immediate action and contacting an attorney to avoid unfavorable outcomes.
Case Study 2: Expert Guidance in Legal Matters
Sarah found herself being sued for negligence in a personal injury case. Recognizing the complexity of the situation, she sought the help of an attorney experienced in personal injury law. Her attorney guided her through the legal process, informed her of possible defenses, and was able to skillfully negotiate a bodily injury settlement before the case went to trial.
Case Study 3: Accessing Legal Resources
In this case, Mark received a complaint demanding a significant amount of money. Feeling overwhelmed, he sought legal assistance but wasn’t sure where to find a lawyer. Mark contacted his local bar association and utilized online resources, such as a nationwide attorney database, to find an attorney who could provide the necessary legal help.
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How to React to Being Sued
Am I being sued? If you’ve been served with a complaint notifying you that you are being sued for a lot of money, you need to respond to it as soon as possible. The complaint will list the reason you’re getting sued and the damages sought. Learn the legal definition of damages to understand what you could lose in the lawsuit.
Contact an attorney right away to prepare for negotiations. They will know what to do if you get sued for debt, auto accidents, or business contracts.
To find an attorney, contact your local bar association or enter your ZIP code to connect with a lawyer near you for free.
Frequently Asked Questions
What happens if you get sued?
Civil procedure is different from criminal procedure, so you won’t go to jail during the mediation and trial. However, you will be responsible for responding to the claim and hiring an attorney to represent you.
How do you react to being sued?
The best way to react to being sued is to respond to the lawsuit on time. Check your state laws to see how long you have to respond to being sued.
Should I ignore a lawsuit?
Never ignore a lawsuit. If you do, the court will enter a default judgment and make you responsible for the damages without a chance to negotiate or represent yourself.
What happens if someone sues you and you ignore it?
The court enters a default judgment, and you are responsible for all damages.
What happens when someone sues you for a car accident?
What happens when someone sues after a car accident? You’ll receive legal documents explaining the lawsuit, including the claims against you. You must respond within a set time, so knowing when to hire a car accident lawyer after an accident is very important.
What happens when someone sues you and you have no money?
Collecting money from someone with little or no money or assets is very difficult. State law sets a statute of limitations that deems some incomes “judgment proof,” meaning you will never collect even if you win in court.
How do you stop someone from suing you?
If you’re wondering how to stop someone from suing you, enter your ZIP code to speak to an attorney. You can contact the plaintiff to apologize and offer compensation without a trial, but always consult a lawyer first.
How can a debt lawsuit be dismissed?
A few ways to dismiss a debt lawsuit are improper documentation of the debt, mistaken identity, and the local statute of limitations. You can also settle out of court to dismiss the debt against you.
How do I defend myself in a debt lawsuit?
Speak with a local attorney to strategize your defense and negotiate the best possible settlement amount.
What kind of lawyer do I need if I’m being sued?
A litigation attorney with experience in the area of law your case involves (such as automobile accidents, trespassing, negligence, intellectual property theft, etc.) is best suited to give you advice on how to proceed. Learn what to look for when choosing an attorney.
What can I lose in a lawsuit?
You’re bound to lose property and assets in a lawsuit. Judgments can garnish wages, freeze bank accounts, and put liens against your property to cover damages.
If someone sues you, can they take your house?
Yes. If someone wins a case against you, and the judgment amount is worth more than your other accounts or assets, they can take your house. State homestead laws may protect your home, so consult an attorney to protect your property after a lawsuit.
What happens if someone wrongfully sues you?
You’ll need to hire an attorney to gather evidence and negotiate with the plaintiff and their attorneys to settle or dismiss the claim. You may be able to counter-sue for libel and slander damages if the case harmed your reputation.
Find the right lawyer for your legal issue.
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Robert K. Scott
Trial Attorney
Robert K. Scott, Esq. is a well-known trial attorney, specializing in all aspects of insurance litigation against insurance companies on behalf of the insured. Rigorously maintaining the highest standards of professional ethics, he has obtained multi-million dollar judgments, substantial arbitration awards, and out-of-court settlements on behalf of his clients. His clients have ranged from indi...
Trial Attorney
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.