What If I'm the One Getting Sued?

Being served with a lawsuit is one of the most stressful moments a person or business can experience. Whether you expected it or it comes as a total surprise, that knock on the door or envelope from a process server can feel overwhelming. The legal system is complex, and the idea of defending yourself in court might raise all kinds of questions and fears.But here’s the good news: lawsuits follow a process, and there are clear steps you can take to protect yourself, your business, and your rights. This guide breaks down what to do if you’ve just been sued—and why staying calm and strategic matters.

Step 1: Don’t Ignore It

It might sound obvious, but this is the number one rule: do not ignore a lawsuit. Once you're served with legal papers—often referred to as a complaint or summons—you are officially a 'defendant' in a legal proceeding. The court has jurisdiction over your case, and there are strict deadlines in place for how long you have to respond.Failing to respond on time can lead to a default judgment, meaning the court could automatically rule in favor of the person suing you. Even if you believe the claims are bogus, or if there’s been a misunderstanding, you need to take formal action. Doing nothing is one of the most costly mistakes a defendant can make.

Step 2: Review the Complaint Carefully

The complaint outlines the basis for the lawsuit—who is suing you, what they are alleging, and what relief they are seeking. Take your time and read through it carefully. Pay attention to:

• Who filed the complaint and in what court

• What specific allegations are being made

• What laws are cited, if any

• The deadline for your response

Even if the language is formal or legalistic, try to identify the basic story the plaintiff is telling. This is the foundation for everything that follows. It’s not uncommon for complaints to include allegations that seem exaggerated or one-sided. That’s normal—the plaintiff is presenting their version of the facts. Your job will be to prepare your side of the story.

Step 3: Gather Your Documents and Facts

Start collecting all documents and information that relate to the dispute. This could include:

• Emails and text messages

• Contracts or agreements

• Invoices, receipts, or bank statements

• Photos, audio, or video evidence

• Internal communications or reports (for businesses)

If you’re a business owner, alert your internal team and suspend any automatic deletion systems that might impact records. Preserving evidence early helps ensure that your side of the case is accurately represented. A well-documented timeline and paper trail can become the backbone of your defense.

Step 4: Speak to an Attorney

This is not the time to go it alone. An experienced litigation attorney can evaluate the complaint, explain your legal options, and begin crafting a response. They can identify whether the complaint has procedural weaknesses, whether you have a counterclaim, or if early resolution is possible.Your attorney can also draft and file the legal documents required to respond to the complaint—either an Answer or a Motion to Dismiss, depending on the strategy. Trying to represent yourself in a legal system full of complex rules can quickly lead to missteps that harm your case.

Step 5: Consider Early Resolution

Not all lawsuits end in trial. In fact, most don’t. Settlement negotiations, mediation, or direct conversations between lawyers can sometimes lead to a resolution that saves time, money, and stress for everyone involved.If you’re open to resolving things quickly—or if the dispute is something that could escalate public tension—it may be in your best interest to explore resolution options early. This doesn’t mean giving in, but it does mean approaching the situation with a focus on outcome and risk management.

Step 6: Stay Calm and Focused

Being sued can feel personal, but it’s important to respond with professionalism and strategy, not emotion. Avoid posting about the lawsuit on social media, discussing it casually with coworkers, or contacting the person suing you directly.Your actions and words—both in and out of court—can be used against you. Staying calm, collecting facts, and letting your legal team do the talking will serve you much better in the long run.

Final Thoughts

No one wants to be sued, but it doesn’t have to spell disaster. Lawsuits are part of doing business, managing partnerships, and navigating life. What matters most is how you respond.Take a breath. Read the documents. Call your attorney. And begin putting a plan in place. With the right strategy, even the most stressful lawsuit can be managed—and resolved—with confidence.