Being sued happens to be one of life’s most stressful experiences an individual can go through. Although it might be very tempting to simply ignore a particular summons and complaint, ignoring a lawsuit will not make it go away. Also, you must keep in mind that it could result in the court happening to award a money judgment against you by default. That, in turn, can further lead to your wages being garnished or your property being taken as well! This is why you must never ignore a lawsuit. Instead, you must learn how to respond to it. Also, if need be, you must be ready to countersue as well.
How to respond for Countersue :
In this article, we are going to discuss how to respond to a complaint which says you have been sued. Let’s started!
Consider Calculating Your Deadline For Responding
No matter how you might decide to respond to a lawsuit, always remember that there happens to be deadlines to take action. As a rule of thumb, keep a note of the fact that you are presented with twenty calendar days from when you happened to receive the summons and complaint to file a proper response with the court. That being said, in some cases, this time might be shorter as well. You should definitely read the summons and all papers you received extremely carefully.
Start Evaluating Your Options
Once you have already been served with a particular complaint, you have a number of options to choose from when it comes to making your decision. You can try negotiating a resolution with the plaintiff, filing with an answer, filing a motion to dismiss, or for a more definite statement, and lastly counter sue the plaintiff.
Prepare and File Your Response With the Court
If you have reached a decision to file an answer or motion with the court, then be prompt about delivering it within the twenty calendar days. Now, if you are going to file your answer or motion in the district court then you will be presented with the option of filing electronically for ease. You can visit the website of the District Court Electronic to do so. You can also choose to file in person with the court clerk as well.
Consider Giving the Plaintiff a Copy of Your Response
You should give the other side, the plaintiff, a copy of any and every document that you have filed with the court. Now, if the other side happens to have an attorney then this information must be passed onto him or her.
Always be Aware of What to Expect Next
How your case will proceed next will solely depend on what you filed. Therefore, if you happened to have filed an answer, then the case will move forward. If you filed an answer along with a counterclaim, the plaintiff is likely to file a response to your counterclaim, after which the case will move forward from thereon. Lastly, if you filed a motion, then a hearing scheduled for the court to come to a decision.
