What to Do If You Get Sued: A Step by Step Guide for People Who Have Never Been in Court

The moment you are served with legal papers, your heart rate goes up and your mind starts racing. That is a completely normal reaction. Being sued feels like a personal attack, and for many people, it is their first encounter with the legal system beyond traffic court. The most important thing to know right now is that being served with a lawsuit does not mean you have lost. It means someone has made accusations against you in a legal filing, and you have the right to respond, present your side, and defend yourself. Many lawsuits are settled before trial, dismissed on procedural grounds, or resolved for far less than the amount originally demanded. But none of that happens if you ignore the lawsuit, which is the single worst thing you can do.

When you are served with a complaint and summons, you have a limited time to respond, typically 20 to 30 days depending on your state and the type of case. If you do not file a response within that window, the court can enter a default judgment against you, which means the plaintiff wins automatically without you ever having the chance to tell your side. A default judgment can result in wage garnishment, bank account levies, and liens on your property. Even if the lawsuit has no merit whatsoever, failing to respond means you lose by default. Read the papers carefully, note the deadline for your response, and start taking action immediately.

The complaint is the document that lays out the plaintiff's allegations against you. It will describe who is suing you, what they claim you did or failed to do, the legal basis for their claims, and what they are asking for in terms of money or other relief. Read it carefully, more than once. Some complaints are written in dense legal language that can be confusing, but the core of the story is usually understandable. Pay close attention to the specific factual allegations: these are the claims you will need to admit, deny, or state that you lack sufficient information to admit or deny in your response.

The summons is the document that tells you when and how to respond. It will include the court where the case was filed, the case number, and the deadline for filing your response. It may also include instructions about the format of your response and where to file it. Keep these documents in a safe place and make copies. You will need them for your attorney consultation and for preparing your response. Do not write on the originals, and do not throw anything away, even if the documents include exhibits or attachments that seem irrelevant. Everything served on you is part of the official record of the case.

If you can afford a lawyer, hire one immediately. An experienced attorney understands the procedural requirements, deadlines, and strategic considerations that can make the difference between a favorable outcome and a devastating one. Many attorneys offer free or low cost initial consultations, and some work on contingency or reduced fee arrangements depending on the type of case. If the lawsuit involves a significant amount of money or could affect your livelihood, professional representation is not a luxury; it is a necessity.

If you genuinely cannot afford a lawyer, you have options. Many states have legal aid organizations that provide free representation to people who meet income guidelines. Bar associations often maintain lawyer referral services that connect you with attorneys willing to take cases at reduced rates. Some law schools operate legal clinics where law students supervised by licensed professors handle real cases for free. If none of these options work and you must represent yourself, your local courthouse likely has a self help center with staff who can explain the procedural steps, help you fill out forms, and direct you to online resources for self represented litigants. Representing yourself is difficult, but it is far better than not responding at all.

Do not contact the plaintiff directly to try to resolve the situation on your own. Anything you say can be used against you in court, and a conversation you intended as a peace offering could be characterized as an admission of liability. All communication should go through attorneys once a lawsuit has been filed. Do not post about the lawsuit on social media. Opposing counsel routinely monitors the social media accounts of defendants, and a casual post about the incident or the case can be used as evidence against you. Even deleting posts after the lawsuit is filed can be considered spoliation of evidence, which carries its own legal consequences.

Do not destroy any documents, emails, text messages, photos, or other records related to the events described in the lawsuit. Once you are aware of a lawsuit or even the possibility of a lawsuit, you have a legal obligation to preserve all potentially relevant evidence. Destroying evidence, even unintentionally through routine document purging, can result in severe sanctions from the court, including adverse inference instructions that tell the jury to assume the destroyed evidence was unfavorable to you. Gather and secure everything that might be relevant: emails, contracts, receipts, text messages, photos, and any other records connected to the dispute.

Lawsuits move much more slowly than most people expect. After you file your response, the case enters the discovery phase, where both sides exchange information and evidence. Discovery can last months or even years in complex cases. During this phase, you may be asked to answer written questions called interrogatories, produce documents, and sit for a deposition where the opposing attorney questions you under oath. Your attorney will prepare you for each of these steps and help you navigate the process.

After discovery, many cases go through mediation, which is a structured negotiation process supervised by a neutral mediator. A large percentage of lawsuits settle during mediation because both sides can evaluate the strength of their case and reach a compromise without the cost, uncertainty, and stress of a trial. If the case does not settle, it proceeds to trial, where a judge or jury decides the outcome. The entire process from filing to trial can take one to three years or longer, depending on the complexity of the case and the court's schedule. Knowing this timeline helps you pace yourself emotionally and financially rather than expecting a quick resolution.