You may have been expecting it, or it may have caught you by surprise, but finding out that you or your San Diego business is being sued is never welcome news. You probably received a letter from the other party’s lawyer first, demanding compensation or other action, or the plaintiff may have headed straight to the courthouse and filed the complaint with which you’ve now been served. No matter what the lawsuit is about – a car accident resulting in personal injury, a dispute between neighbors or businesses, or otherwise – be sure to avoid any impulse to ignore those unwanted papers for the next few days (or longer). If you try to pretend the lawsuit never happened, you could be making things much worse for yourself by delaying.
In its blog, the National Federation of Independent Business (NFIB) urges businesses to act immediately when notified of a lawsuit (even if you think the plaintiff’s case is weak or even frivolous) by getting information organized and contacting an attorney so that you don’t undermine your position. The same logic applies to individuals being sued, especially because of the ever present threat of a “default judgment,” where you lose the case before you even put up a fight. This is possible because California law sets a time limit within which you must formally respond to the plaintiff’s complaint, and if you miss this deadline the plaintiff will usually ask the court to enter a judgment against you. If a default judgment has already been entered against you or your business, contact us immediately, as your options will vary depending on the circumstances and how much time has passed, but you don’t want to miss your window of opportunity for relief. Even if you are able to set the judgment against you aside, it will be after extra expense that could have been avoided if you had contacted a lawyer in time.
Not only that, but you don’t want to miss the opportunities available during the beginning stages of a lawsuit to strategize and negotiate with the other side. You might also have your own counter claim against the person or business suing you, or it could be necessary to bring third parties into the lawsuit. If you do have a viable counter claim and file it within the required timeframe, this might also give you the leverage needed to get the case dropped or settled outside of court. This is also the time to formulate your legal defenses to the claim. You might even have a legal basis to request that the court rule in your favor or dismiss the case in the early stages of litigation to avoid a full blown trial. Not all is lost just because you’re sued, but as you can see, there’s a lot to be done early on to maximize your chances of success. Don’t compromise your defense, and reach San Diego Law Firm’s experienced litigation attorneys at (619) 794-0243.
Twitter It!
