We are often asked, “What should I do if I’ve been sued?”  The Watkins Firm, based in San Diego, has represented parties in lawsuits for more than 40 years.  If you have been served with a lawsuit in California or are a California business facing a lawsuit from anywhere in the U.S., take a breath and call the Watkins Firm for a free consultation at 858-535-1511.

Key Takeaways to answer the question “What should I do if I’ve been sued?”

1. You must respond within a specific time frame (almost always 30 days) or you risk a default judgment against you without even defending your own interests.
2. Contact the Watkins Firm for a complimentary, substantive consultation at 858-535-1511.  We will provide details regarding the lawsuit itself, insight into all your options, and the best immediate steps you can take, whether with or without our assistance, going forward.
3. The Watkins Firm is able to resolve the vast majority of our clients’ disputes and lawsuits through effective, leveraged negotiation.  This is the fastest and least costly option for managing any dispute or lawsuit.

Those who have been served with a Summons and Complaint in a lawsuit usually have 30 days in which to respond.  The failure to respond should not be an option.  If you do not “answer” (reply to) the Summons and Complaint, the other party will usually immediately seek a “default judgment” against you and proceed with collection efforts.  You won’t have any opportunity to present your side of the story, pursue any claims you may have against the other party, defeat the lawsuit outright, or seek a settlement that best protects and accomplishes your own goals and objectives.

It is in your best interests to reply to the lawsuit, file your answer with the Court, and serve your response on the party who has filed the lawsuit, and/or their attorneys.  What do you need to have in your answer?  You should address each of the allegations in the lawsuit directly.  The substance of your response should be carefully crafted.  You want to clearly rebut each allegation without providing too much information or revealing your own strategies.  It may also be in your interests to file a “cross-complaint,” alleging claims of your own against the other party.  This opens the door to a negotiated resolution.  It is also the first step in contesting the allegations and seeking a dismissal or the just compensation you deserve.

This is where a free consultation with the Watkins Firm at 858-535-1511 really pays off.  If a lawsuit has been filed, you can either provide us with a copy or we can access it ourselves.  We can help you understand the specific allegations against you and inform you of the potential risks and consequences you may face. Do you deny the allegations?  There are always two (or more) sides to every story.  California law also provides specific legal defenses you may need to raise.  Your “answer” to the complaint is crucial to how the case may ultimately resolve.

Once a lawsuit has been filed, the answer to the question “What should I do if I’ve been sued in San Diego or anywhere in California?” is straightforward.

You need to answer the Summons and Complaint.  If you don’t respond within the legal timeframe, the other party is very likely to obtain a default judgment against you and will immediately begin aggressive collections.  At that point, you will have very few options.  The best strategy is to seek the input of a Watkins Firm attorney for a free, substantive consultation at 858-535-1511.  Draw on our more than 40 years of experience and proven strategies for resolving disputes and lawsuits through effective, leveraged negotiation.  This is the fastest and least expensive path to resolving any dispute or lawsuit.

Pro-Tip: “What’s the first step that our clients or a business should take when they are asking themselves ‘What should I do if I’ve been sued?’  If you’re in business, or investing in companies, it’s usually not a question of “if,” but more a question of “when.” When you finally get sued, first things first, you’re 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 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 a 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 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 us at the Watkins Firm right away. 

We will talk to you and we find out first things first, how you know when you knew and if you haven’t been served yet. We have everything on computer. We find out if in fact you are being sued by who and which you copy the complaint. So with a copy of the complaint before they know you have it, you have a great advantage. So that’s the first thing we do. 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.

If you’ve already been served, you want to hire a lawyer, you want to hire the Watkins firm. But if you don’t hire us, hire somebody because someone has already hired a lawyer to go after you. What that means is they’ve literally hired a professional hitman to go after your money or your rights, who’s good at it. You wouldn’t play chess without knowing the rules. You wouldn’t even play checkers. And that’s what it’s like representing yourself. Going into a game where you don’t know the rules and anything you say can be used against you. You have to have a lawyer, even if it’s just to get an initial consultation about where you’re supposed to go and what you’re supposed to do. You need to get a lawyer on your side.

We’re going to listen. We’re going to listen as lawyers and we’re going to be interested and we’re going to care. What you say means more to us than you can imagine because it’s the keys to us solving your litigation problem. You provide us with detailed information, things that are bothering you, upsetting you, all those things matter to us and we’re able to organize them in such a way that every piece of information you give us turns into ammunition we can use to defend you.” – Dan Watkins, Founding Partner

“What should I do if I get sued?”  The Watkins Firm can assert and protect your interests.  We can represent you in negotiations, the Court’s mandatory settlement conference, mediation, arbitration, or at trial.  How much is at risk for you?  How important to you is it to protect yourself, your money, and your business and personal interests?  It won’t cost you anything to begin the conversation, and you will gain insight, clarity, and hopefully, peace of mind after our phone call.

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.