Most lawsuits begin with the personal service by a Sheriff or by private process server handing to each defendant (the party being sued) or a member of the defendant’s household a summons (notice to appear in court) and a complaint (document alleging wrongful conduct and seeking recovery), requiring appropriate action by the defendant or risking entry of a default judgment (judgment entered without a trial).
Some dos and don’ts to remember when served with a lawsuit include:
- Don’t panic. Your lawyer, accountant, and insurance carrier have been through this and are there to help.
- Do read. Be sure you are the named party and that the matters alleged involve you or your business.
- Don’t talk. Anything you say to the plaintiff (party suing you), its attorney, an insurance adjustor, or anyone else can be used against you.
- Do document service. Memorialize when, where, who, and how service was made.
- Don’t threaten the messenger. Aggression toward the server can result in more trouble.
- Do secure evidence. Documents or other evidence lost after knowledge of the suit can not only hurt your defense but constitute spoilage of evidence.
- Don’t publicize. Keep the matter quiet until advised otherwise.
- Do notify your insurance carriers. Written, certified mail notice that confirms with policy notice requirements are best.
- Don’t take no. Some insurance companies automatically deny claims, so have your attorney advise and pursue coverage.
- Do retain an attorney. Retain competent and experienced professionals to advise you.
The attorneys at Brooks, Tarulis & Tibble, LLC have substantial experience in representing defendants, assisting with insurance coverage, obtaining continuances of lawsuit deadlines, protecting evidence, and locating specialist attorneys for a referral. If you or your business is sued, please contact us.