You’ve Been Sued: What Do You Do Now?

If you’ve been served with a lawsuit, it’s natural to feel overwhelmed or unsure of your next steps. But acting quickly and deliberately can make a significant difference in protecting your rights and minimizing potential consequences. Here’s a step-by-step guide on what to do if you face a lawsuit.  

1. Don’t Ignore the Lawsuit

The worst thing you can do is ignore the summons or complaint. Ohio law gives you a limited time to file a response with the court, typically 28 days from your service date. Missing this deadline could result in a default judgment against you, meaning the court could decide the case in the plaintiff’s favor without hearing your side. Be cautious, because some types of filing have different deadlines, some as few as 12 days. It is wise to seek an attorney as early as possible to ensure you don’t miss any deadlines.  

1. Read the Documents Carefully

The complaint and summons contain critical information:

• The allegations: What the plaintiff claims you did or failed to do.

• The court: Where the case has been filed.

• Deadlines: When you need to respond.

• Requested relief: What the plaintiff is asking for, such as monetary damages or other remedies.

Take time to understand what’s alleged and what the plaintiff is seeking.  

1. Gather and Organize Relevant Information

Start collecting any documents, emails, contracts, or other materials related to the dispute. Make a list of potential witnesses who may have knowledge of the situation. Keeping thorough records will help your attorney evaluate the case and craft a strategy.  

1. Contact an Attorney

Ohio courts hold parties to strict procedural and legal standards. An experienced attorney can:

• Analyze the claims against you.

• Advise on possible defenses or counterclaims.

• Draft and file an appropriate response with the court.

Don’t delay in reaching out. Your attorney will need time to review the case and prepare your defense.  It is also important to be up front with your attorney about the strengths and weaknesses of your defense so that he or she can craft the best strategy.  

1. Avoid Direct Contact with the Plaintiff

If the person suing you is someone you know—such as a business partner, neighbor, or former client—you may feel tempted to reach out to explain or resolve the matter. However, anything you say could be used against you in court. Let your attorney handle communication with the plaintiff or their attorney.  

1. Preserve Evidence

Under Ohio law, you have a duty to preserve evidence that might be relevant to the case. Destroying or altering evidence can lead to severe consequences, including sanctions from the court such as fines or even jail time.  

1. Evaluate Settlement Options

Not all lawsuits go to trial. Some cases are resolved through negotiation, mediation, or settlement. Discuss with your attorney whether it makes sense to explore settlement options or pursue an early resolution to save time, money, and stress.  

1. Understand the Litigation Process

If your case moves forward, here’s a high-level overview of what to expect:

• Pleadings: Filing of the complaint, your answer, and possibly counterclaims.

• Discovery: Both sides exchange information through written questions (interrogatories), document requests, and depositions.

• Motions: Pre-trial motions may narrow the issues or even dismiss the case.

• Trial: If the case doesn’t settle, it proceeds to trial, where both sides present evidence to a judge or jury.

• Judgment: The court issues a ruling, which may be appealed. If the ruling is made by a magistrate, you may have some time to object before it is adopted by the judge.

1. Stay Informed and Involved

Work closely with your attorney and stay informed about your case’s progress. Ask questions, understand your options, and actively participate in building your defense. Your attorney can only work as well as you allow them to.  

1. Take Steps to Prevent Future Disputes

Being sued can be a learning opportunity. Consider how you might reduce future risks, whether by:

• Reviewing contracts more carefully.

• Strengthening workplace policies.

• Communicating more clearly in business or personal matters.

Final Thoughts

Facing a lawsuit in Ohio can be daunting, but you don’t have to go through it alone. With the right legal guidance and a proactive approach, you can navigate this challenge effectively. If you’ve been sued and need assistance, don’t hesitate to contact 

EQUES® Law Group

. Our experienced attorneys are here to help you understand your options and protect your rights.