What should you do if you are served with a Summons and Complaint in San Diego or anywhere in California?  The most important things you need to know right away about any civil dispute or lawsuit are:

1. It is in your best interests to respond.  This is known as “filing an answer.”
2. There is a specific timeframe in which you must respond (usually 30 days). Time is of the essence.
3. The failure to respond allows the party who has filed the lawsuit to ask the Court for a “default judgment” against you. You will be required to pay whatever the lawsuit asks (known as “damages”) without ever being able to defend yourself, seek a better resolution, or achieve an outright dismissal of your case.

Take a deep breath.  Many people are understandably shaken when they are served with a summons and complaint.  The Summons and Complaint should provide a specific timeframe, usually 30 days from the date you are “served,” in which you are required to file a written response or “answer.”  Take note of the Case Number, as well as the name of the Court and the address where you will submit your written “answer” to the complaint.  You will also need the name and address of the “plaintiff” (the party who has filed the action against you) and often the plaintiff’s attorneys.

It is essential to carefully and thoroughly read the complaint you have received.  It must provide particular information regarding the assertions against you, often referred to as “claims” or “allegations.”

Your answer should clearly state your response to each claim or allegation contained in the original complaint.  Do you admit or deny the claim(s) against you?  What is your own side of the story? Specific defenses are available under the law in cases like yours.  This is why it is important to contact the Watkins Firm or call us today for a free consultation at (858) 535-1511.

Draw on our more than four decades of experience in cases just like yours, and learn more about the challenge in front of you and the actions you are required to take to protect your interests.  It might interest you to know that the Watkins Firm can resolve the vast majority of disputes and lawsuits through effective, leveraged negotiation.  This is the fastest and least expensive way to handle a situation like the one you are facing, while protecting your own objectives and interests.

Pro-Tip: “What happens when an individual is served with a lawsuit?  What happens when a business is sued by another business?  What should you do if your company is sued? Well, let’s take first things first.  How did you find out you were being sued? In business, you’re usually going to find out about a lawsuit either by being served or someone’s going to tell you. You’re going to find out in a multitude of ways, and that’s very important how you find out. Because when you find out there’s actually going to be a a time clock ticking away of action items you have to take in order to have that lawsuit go your way. The longer you wait, the worse it gets for you.

So you’re going to want to find out, and I’m going to want to know as your lawyer, how did you find out? Did someone who’s suing you tell you? Did somebody who’s a potential witness tell you? Did you get some kind of letter from a lawyer or law firm? Or did you get served with a process server? All those things have implications. So once you’ve gathered yourself, organized your thoughts and you know the facts and the dates, contact the Watkins Firm right away for a free, substantive consultation at 858-535-1511.

We will consult with you, talk to you and we’ll discuss first things first, such as how you know when you knew, and if you have or haven’t been served yet. We have everything on computer. We can find out if in fact you are being sued, by whom, and provide you with a copy of the complaint. So, when you legally obtain a copy of the complaint before they know you have it, you have a great advantage.  And we provide you with vital information right away before you even have to tell me the story. I’m going to give you information that you need.” – Dan Watkins, Founding Partner

It is always helpful to organize the facts surrounding the dispute at hand.  Our attorneys work to quickly and efficiently develop a thorough, well-documented chronology of events, while also providing detailed insight into all potential damages.  This informs not only the decisions in front of you, but the options available to you to mitigate the risk(s) or remediate the situation altogether. It may also be in your interests to file a “cross-complaint” against the party who has sued you, or other parties associated with the matter.  Each case is unique, and you will need advice you can depend on.

You are generally required to file your answer with the Court within the timeframe established within the Summons and Complaint.  You will also be required to serve the plaintiff, and/or their attorneys, with your answer to the Summons and Complaint promptly.

This is why we offer a free consultation.  You should begin taking action when you have been served with a Summons and Complaint.  To make informed decisions, you need to understand the specific circumstances surrounding your case and the options available to you.  You will need to file a timely answer or be prepared to face a default judgment and immediate collection proceedings.

You will speak with an attorney who has decades of experience in these matters.  We can help you quickly understand the situation you are facing, as well as the various options available to protect your interests and ultimately resolve the matter.

We invite you to review our podcast Episode 31 – The ABCs of What to Do If You Are Sued, as well as the strong recommendations of our clients, and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.