What to Do When You Get Sued: A Step-by-Step Guide
10 min read · Updated March 2026
Immediate Steps After Being Served
Do not ignore the lawsuit — this is the biggest mistake people make. Note the deadline to respond (usually 20-30 days). Do not contact the plaintiff directly. Do not post about the lawsuit on social media. Do not destroy any documents related to the dispute. Notify your insurance company if the claim might be covered. Take a photo of all documents served.
Finding a Defense Attorney
You need an attorney experienced in the specific type of claim filed against you. Ask for referrals from your state bar, business contacts, or other attorneys. Schedule consultations with 2-3 lawyers within the first week — you need time to evaluate options before your response deadline. Bring the lawsuit papers to every consultation.
Understanding the Timeline
Your response (called an 'Answer') is due within 20-30 days of being served (varies by jurisdiction). Filing an Answer preserves your rights. If you miss the deadline, the plaintiff can request a default judgment — an automatic win without your input. After your Answer, the case enters discovery (6-12 months), then trial preparation, then trial or settlement.
Estimating Defense Costs
Defense costs depend on the type and complexity of the claim. Small claims defense: $1,000-$5,000. Contract disputes: $5,000-$25,000. Personal injury defense: $10,000-$50,000+. Complex business litigation: $50,000-$500,000+. Check if your homeowner's, auto, or business insurance covers defense costs — many do.
Frequently Asked Questions
What happens if I ignore a lawsuit?
The plaintiff gets a default judgment — they win automatically and can garnish wages, seize bank accounts, and place liens on property.
Will my insurance pay for my defense?
Possibly. Homeowner's insurance covers many liability claims. Auto insurance covers accident lawsuits. Business insurance covers business disputes. Always notify your insurer immediately.