Being served with a lawsuit notification is always an unpleasant experience. However, with a calm and systematic approach, acting on the right advice, the stress of being sued can be managed. Know what course of action to take, and you can work through the legal process as smoothly as possible. Follow this simple checklist if you are wondering what to do when you’re being sued.0
First of all, hire a lawyer if you don’t already have one. Trying to navigate a lawsuit on your own is not a good idea. An experienced civil defense attorney will know exactly how to work the process and bring the matter to a conclusion as swiftly and satisfactorily as possible.
The next consideration is whether or not it is necessary to take the matter to court. With your lawyer’s help, you can always try to settle the matter out of court. Doing so may require some compromise on your part, but it will also prevent the matter from being dragged out through the court system. If you cannot manage to do so, you will need to start preparing for your court date.
To get ready for your court appearance, take two copies of any documents that can help your case to your lawyer. These can include canceled checks, receipts, contracts, reports, repair estimates, medical records and photographs. You can also arrange for witnesses to appear in court and testify on your behalf.
Change Your Court Date
If you are not able to prepare your case for the appointed court date, it is possible to apply for a postponement, also known as a continuation. You will need to complete the appropriate form and write a letter regarding the motivation of your request. Your attorney will be able to help you with this process.
Appeal a Case
If the case goes to court and then is not decided in your favor, you do have the right to appeal the judge’s decision. Your lawyer will help you complete and file a Notice of Appeal. If your appeal is successful, the decision will be referred to the applicable Court of Appeal. These courts do not have the power to overturn the judge’s decision, but they can send the matter back to court if they find that the process the judge took to reach his conclusion was faulty.
How to Sue The Person Who Is Suing You
Remember that you may also decide to countersue the plaintiff. If you choose to do so, your Defendant’s Claim must be served to the plaintiff at least five days before the court date. Again, your lawyer will help you prepare for this. Once the claim is drawn up, it should be entrusted to a sheriff or registered process server to deliver to the plaintiff.
Speak to a Lawyer
As we said before, the first thing you should do after getting served is to consult an attorney. This priority stands far above any other if you are wondering what to do when you’re being sued. Speak to a lawyer with experience in civil defense in California, and have them walk you through the process. Westover Law is based in Murietta, and we have acquired a strong reputation throughout the county, and other parts of southern California, for successfully defending scores of defendants against all kinds of suits. Contact us to book a consultation.