What to Do if You Get Sued in 2026 (Follow These 5 Steps)

Hire an attorney to find out what to do if you get sued. Review the complaint and note the deadline to respond. Defendants typically have 30 days, but this varies by state, with Utah only giving 15 days for an answer. Your attorney will know how to react to a lawsuit and can file motions on your behalf.

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Laura Kuhl

Insurance Content Team Lead

Laura Kuhl holds a Master’s Degree in Professional Writing from the University of North Carolina at Wilmington. Her career began in healthcare and wellness, creating lifestyle content for doctors, dentists, and other healthcare and holistic professionals. In 2018, she started writing for the cannabis industry. She curated news articles and insider interviews with investors and small business ...

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Robert K. Scott

Trial Attorney

Robert K. Scott, Esq. is a well-known trial attorney, specializing in all aspects of insurance litigation against insurance companies on behalf of the insured. Rigorously maintaining the highest standards of professional ethics, he has obtained multi-million dollar judgments, substantial arbitration awards, and out-of-court settlements on behalf of his clients. His clients have ranged from indi...

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Robert K. Scott

Updated December 2024

Wondering what to do if you get sued? Review the complaint and understand what the plaintiff is seeking and why.

What to Do if You Get Sued

As a defendant in a civil lawsuit, you must respond by the claim’s deadline. Hire an attorney for legal expertise to minimize the lawsuit’s impact on your life.

Keep reading to learn how to respond to being sued. We also cover what to do if you get sued for credit card debt.

I’m being sued — now what? Enter your ZIP code to consult an attorney for free.

Overview

What to Do When You Are Being Sued: 5 Simple Steps

If someone sues you, how are you notified? How you find out if a lawsuit has been filed against you is by being served with the summons by a federal marshall.

Civil cases are a type of lawsuit where a plaintiff files a formal complaint with the court, which then serves the notice to you, the defendant. Follow the steps below to learn what to do if you have been sued.

Step #1: Review the Complaint

I am being sued — what do I do? First, read the lawsuit carefully to understand the claims against you and what the plaintiff wants in damages. The claim will explain what led to the lawsuit and the damages being sought. It will also include why the court has jurisdiction and when you need to file your response.

Step #2: Hire an Attorney

The most important thing to do when you find out you are being sued — as soon as you are served with a complaint — is to contact a lawyer immediately. Do not wait. An attorney is skilled in litigation law (negotiating) and can help settle your case before trial if that is the best option.

litigation definition card: what to do if you get sued

They can tell you how to respond to the claims, what your defenses may be, and prepare your case for trial. An attorney will also exchange information and evidence with the plaintiff through formal legal requests for documents, interrogatories, and depositions to gather evidence.

In most cases, your lawyer will serve as your agent in court, taking responsibility for filing legal forms, talking to the judge, and presenting your arguments.

Step #3: Respond by the Deadline

As most complaints will state, there is a set period of time (usually around thirty days) in which you may legally respond to the claims when you are being sued. If you wait too long, a default judgment is entered against you.

If you fail to respond, a default judgment for the amount of money named in the complaint is extremely likely. Once such a judgment is entered, getting it modified or reversed is usually impossible.

Lauren Blair Employment & Litigation Attorney

If you’re wondering how to file an answer to a lawsuit, check out our guide to determine which court to file a lawsuit in.

Step #4: Mediation

Before going to trial, explore options like mediation or settlement negotiations to potentially resolve the dispute outside of court. Unlike a trial, mediation allows the parties to maintain control over the outcome and save time, stress, and costs.

Is the agreement reached in mediation enforceable? The agreement can be legally binding, but the case proceeds to trial if no settlement is reached in time.

Step #5: Trial

Civil lawsuits go to trial when parties cannot agree on a settlement or resolution through negotiation, mediation, or other pretrial methods. Both sides present their case, including witnesses and evidence, to a judge or jury, who issues a verdict.

Read More: Who can file a lawsuit?

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What to Do if You Get Sued for Debt

If you get sued by a creditor or debt collector, don’t ignore it — acting quickly is important. Here’s what to do if you get sued by a credit card company:

Legal Guidelines for Responding to a Civil Lawsuit
GuidelineDescription
Review the ComplaintCarefully read the lawsuit document to understand the allegations against you and the damages the plaintiff is seeking.
Consult an AttorneyMeet with an attorney to understand your rights, the next best steps to take, and to develop a defense strategy.
Respond by DeadlineFile an answer to the complaint outlining your defense within the legal time frame.
Discovery PhaseExchange information and evidence with the plaintiff through formal, legal requests.
Motion PracticeYour attorney may file motions to dismiss the lawsuit or strike certain portions of the complaint based on legal grounds.
MediationA voluntary, confidential process where attorneys help disputing parties reach a mutually agreeable settlement.
SettlementResolution without a trial, often involving compensation, property transfer, apologies, or policy changes.
TrialFormal legal process where a judge or jury examines evidence to decide a case's outcome in court.
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First, read the lawsuit carefully to understand the claims, including how much it says you owe. If you don’t recognize the debt, ask for proof.

Next, check the deadline to respond (usually 20-30 days). File your answer within that time to admit, deny, or explain the claims against you. This stops the credit card company from winning automatically.

During the process, consider negotiating a settlement. You might be able to pay less than the full amount. Reach out to a lawyer if you need help or legal aid services.

Read More: 3 Things Not to Do When Being Sued by a Debt Collector

How to Respond to a Lawsuit Without an Attorney

I’m getting sued but can’t afford an attorney — what do I do? The judgment debtor can respond to the lawsuit without a lawyer by preparing an answer to the complaint themselves that denies or addresses the allegations.

Visit a law library website and search “Answer to Complaint” in the Pleading and Practice index for a general format. Your answer should include a verification section at the end, where you sign and date under penalty of perjury, confirming your statements are true.

File the completed answer at the court with the verification and proof of service. The proof of service states you’re over 18 and mailed a copy of the documents to the opposing party (or their attorney) via first-class mail, listing their name, address, and mailing date. Ensure the filing, mailing, and signature dates all match.

Case Studies: Navigating Lawsuits and Legal Challenges

These case studies reveal what happens when people get sued, showing the consequences of different responses. Find out what to do if you get sued and how to react to a lawsuit — whether it’s negotiating, appeals, or knowing which critical mistakes to avoid.

Read More: If I appeal a court’s decision, will it delay the judgment?

Case Study 1: The Importance of Timely Response

In this case, John was served with a complaint stating that he was being sued for damages resulting from a car accident. However, John failed to respond within the specified timeframe and missed his opportunity for car accident mediation. A default judgment was entered against him. This case highlights the crucial need for immediate action and contacting an attorney to avoid unfavorable outcomes.

Case Study 2: Expert Guidance in Legal Matters

Sarah found herself being sued for negligence in a personal injury case. Recognizing the complexity of the situation, she sought the help of an attorney experienced in personal injury law. Her attorney guided her through the legal process, informed her of possible defenses, and was able to skillfully negotiate a bodily injury settlement before the case went to trial.

Case Study 3: Accessing Legal Resources

In this case, Mark received a complaint demanding a significant amount of money. Feeling overwhelmed, he sought legal assistance but wasn’t sure where to find a lawyer. Mark contacted his local bar association and utilized online resources, such as a nationwide attorney database, to find an attorney who could provide the necessary legal help.

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How to React to Being Sued

Am I being sued? If you’ve been served with a complaint notifying you that you are being sued for a lot of money, you need to respond to it as soon as possible. The complaint will list the reason you’re getting sued and the damages sought. Learn the legal definition of damages to understand what you could lose in the lawsuit.

Contact an attorney right away to prepare for negotiations. They will know what to do if you get sued for debt, auto accidents, or business contracts.

To find an attorney, contact your local bar association or enter your ZIP code to connect with a lawyer near you for free.

Frequently Asked Questions

What happens if you get sued?

Civil procedure is different from criminal procedure, so you won’t go to jail during the mediation and trial. However, you will be responsible for responding to the claim and hiring an attorney to represent you.

How do you react to being sued?

The best way to react to being sued is to respond to the lawsuit on time. Check your state laws to see how long you have to respond to being sued.

Should I ignore a lawsuit?

Never ignore a lawsuit. If you do, the court will enter a default judgment and make you responsible for the damages without a chance to negotiate or represent yourself.

What happens if someone sues you and you ignore it?

The court enters a default judgment, and you are responsible for all damages.

What happens when someone sues you for a car accident?

What happens when someone sues after a car accident? You’ll receive legal documents explaining the lawsuit, including the claims against you. You must respond within a set time, so knowing when to hire a car accident lawyer after an accident is very important.

What happens when someone sues you and you have no money?

Collecting money from someone with little or no money or assets is very difficult. State law sets a statute of limitations that deems some incomes “judgment proof,” meaning you will never collect even if you win in court.

How do you stop someone from suing you?

If you’re wondering how to stop someone from suing you, enter your ZIP code to speak to an attorney. You can contact the plaintiff to apologize and offer compensation without a trial, but always consult a lawyer first.

How can a debt lawsuit be dismissed?

A few ways to dismiss a debt lawsuit are improper documentation of the debt, mistaken identity, and the local statute of limitations. You can also settle out of court to dismiss the debt against you.

How do I defend myself in a debt lawsuit?

Speak with a local attorney to strategize your defense and negotiate the best possible settlement amount.

What kind of lawyer do I need if I’m being sued?

A litigation attorney with experience in the area of law your case involves (such as automobile accidents, trespassing, negligence, intellectual property theft, etc.) is best suited to give you advice on how to proceed. Learn what to look for when choosing an attorney.

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