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The first fourteen days after you're served

What to keep, who to tell, what not to say to the other side, and why the deadline on the summons matters more than the complaint.

Lisette Vanterpool, Associate6 min read
A thick black ring binder lying on a wooden desk

Being served with a lawsuit feels like an emergency. Most of it isn't, but one part is: the deadline to respond. The summons says how long you have, and missing it can mean losing without a hearing.

Find the deadline first

Read the summons before the complaint. Note the date you were served, the court, and the number of days you have to answer. Write the date down somewhere you'll see it.

Keep everything

Don't delete emails, texts or files about the dispute, even unhelpful ones. Courts punish lost evidence more harshly than bad evidence. Tell anyone at your company who handled the matter to keep their records too.

Tell your insurer

Many business policies cover the cost of defending a lawsuit, but only if the insurer hears about it promptly. Send the insurer the complaint, in writing, even if you doubt it's covered.

Say less to the other side

A call to the person suing you can feel like the fastest way to settle it. Anything you say can be used in the case. Let a lawyer make the first contact.

What to bring to a first call

  • The summons and complaint
  • The contract or agreement the case is about
  • Emails and letters with the other side, in date order
  • Any insurance policies that might apply

This guide is general information, not legal advice. Deadlines and rules differ from court to court.

If the papers are on your desk now

If this is happening to you, the first call is where to start.