Being served with a lawsuit in New Jersey can be overwhelming and stressful. Whether the lawsuit is unexpected or something you saw coming, knowing how to respond is crucial. This guide will help you understand the steps you should take to protect your legal rights and work toward a favorable outcome.
- Don’t Ignore the Lawsuit and Read the Complaint Carefully
The moment you are served with a lawsuit (also known as a complaint), take the time to read it thoroughly and carefully. Pay special attention to the following:
• Who is suing you?• Why are they suing you?
⁃ Review the allegations or claims outlined in the complaint.
• What is the plaintiff (the person/business who filed the lawsuit) seeking?
⁃ Determine whether the plaintiff wants monetary compensation, property, specific actions, or an order prohibiting certain actions.
• What is your role?
⁃ Verify that you are accurately named and that the facts presented by the plaintiff represent the full picture.
Ignoring a lawsuit is one of the biggest mistakes you can make. In general, New Jersey Court Rules provide you with 35 from the date you were served to respond to the lawsuit. Failing to respond can result in a default judgment, meaning the court may rule in plaintiff’s favor simply because you didn’t respond.
2. Contact a New Jersey Attorney
Legal matters can be complex and navigating them alone is risky. It is important to contact an attorney who can help you:
• Understand your legal rights and options• Prepare and file your response properly
• Develop a strategy for your defense or settlement
After reading the complaint, contact an attorney who is experienced in the relevant area of law (e.g., business disputes, real estate/property disputes, employment, will disputes, or personal injury). Many attorneys offer free consultations, so take the opportunity to discuss your case and assess whether they are the right fit for you. It is important that you choose someone you trust and feel comfortable working with throughout your case.
• Gather Relevant Documents and Evidence
After finding an attorney who will be able to help you, it is important to begin gathering documents and evidence to support any defenses to the claims being brought against you. The following is a list of the most common documents to begin gathering:
• Contracts or agreements
• Emails, letters, and text messages
• Bank statements and other financial records
• Photos or videos
Providing these documents promptly will help your attorney build a strong case on your behalf.
• File an Answer
A formal response to a lawsuit is called an answer, where you typically respond to each allegation in the complaint by admitting, denying, or stating an alternative response.
Along with the answer, your attorney may also prepare what are called Affirmative Defenses. These outline the legal reasons why the plaintiff’s case may be invalid or improper.
In certain situations, you may also file a counterclaim against the plaintiff. These are claims that you may have against the plaintiff involving the same or substantially similar facts as to the situation that plaintiff filed the lawsuit for.
- Explore Settlement Options
Many lawsuits are settled out of court. Even if you believe settlement is possible, it’s essential to work with an attorney. An attorney can:
• Protect your legal rights
• Provide guidance tailored to your situation
• Help negotiate and draft a favorable settlement agreement
• Explore creative solutions that best serve your interests
Remember, even if you’re considering settlement, it is essential to involve your attorney to ensure your interests are protected.
2. Stay Organized and Proactive
Being served with a lawsuit can be stressful and daunting. Take a deep breath, and remember that with the right guidance, you can navigate this process effectively. Here are some tips to help you stay on track:
• Communicate regularly with your attorney⁃ Keep your attorney informed of any development and respond to their requests for information.
• Keep copies of all documents related to the case.
• Listen closely and follow your attorney’s advice.
We’re Here to Help
Facing a lawsuit can feel overwhelming, but you don’t have to go through it alone. At Scura, Wigfield, Heyer, Stevens & Cammarota, our dedicated team of attorneys has experience across a wide range of legal areas. We’re committed to providing personalized guidance to help you navigate this challenging time.
Call us today for a free consultation and take the first step toward resolving your legal matter.
