Being served with a lawsuit is one of the most stressful legal events a business or individual can face. Whether the claim involves a contract dispute, an employment matter, an intellectual property issue, or another legal challenge, the actions you take in the first few days can significantly shape the outcome of your case.
Acting quickly and strategically is essential. Courts impose strict deadlines, and missteps made early in litigation are often difficult — and sometimes impossible — to correct later. Below are the key steps to take immediately after being served with a lawsuit.
Steps to Take Immediately After Being Served with a Lawsuit
1. Contact an Attorney Right Away
Ignoring a lawsuit will not make it go away. In fact, failing to respond within the required timeframe can result in a default judgment — meaning the court may rule against you without ever hearing your side of the case. The moment you suspect a lawsuit is coming, or after you are served, you should contact an experienced litigation attorney. Getting counsel involved early puts you in the best legal position from day one and helps you avoid procedural mistakes that could undermine your defense.
2. Review the Summons and Complaint Carefully
The documents you receive will typically include a summons and a complaint. Together, they identify the court where the case was filed, the parties involved, the legal claims being asserted, the factual allegations supporting those claims, and the deadline by which you must respond. Reviewing these documents carefully — ideally with your attorney — is essential to understanding what is being alleged and how much time you have to act.
3. Preserve and Organize All Relevant Evidence
Once litigation begins, you have a legal obligation to preserve evidence. This is known as a “litigation hold.” Relevant materials may include contracts and agreements, emails and text messages, internal communications, financial records, photographs or video, and personnel or business records. It is critical to preserve original documents in their native format. Deleting or destroying relevant information — even unintentionally — can lead to serious consequences, including court sanctions and adverse inferences against your position in the case.
4. Notify Your Insurance Carriers
Many lawsuits trigger coverage under existing insurance policies. General liability, professional liability, employment practices liability, and directors and officers (D&O) policies may all provide a defense. Insurance policies typically require prompt notice of claims or lawsuits. Failing to notify your insurer in a timely manner could result in a denial of coverage, even if the underlying claim would otherwise be covered.
5. Avoid Direct Communication with the Opposing Party
After being served, avoid any direct communication with the plaintiff or their attorney about the substance of the dispute. Statements made informally — over the phone, in emails, or in person — can later be used against you in litigation. All communications about the case should be routed through your attorney.
6. Avoid Discussing the Case Publicly or on Social Media
Statements made online can become evidence. This applies to social media posts, public comments, reviews, and even internal communications that could be discoverable. For businesses especially, it is important to limit who internally discusses the dispute and to document any internal conversations with care.
7. Maintain Your Credibility
Integrity matters in litigation. Judges and juries are attentive to the conduct of the parties throughout a case. While a lawsuit can be deeply frustrating, maintaining a consistent, honest, and professional posture — from the moment you are served through trial, if necessary — will almost always serve your interests better than an adversarial or reactive approach.
Frequently Asked Questions About Being Served with a Lawsuit
What happens if I ignore a lawsuit?
If you fail to respond to a lawsuit within the required timeframe, the plaintiff can request a default judgment. This means the court may enter a ruling against you — including an award of damages — without you having an opportunity to contest the claims.
How long do I have to respond after being served?
Response deadlines vary by jurisdiction, court, and the nature of the claims asserted. Failing to meet the applicable deadline can have serious consequences, including a default judgment. Your attorney can confirm the exact deadline that applies to your specific case.
Does being served with a lawsuit mean I will lose?
No. Being served means a claim has been filed against you — it does not mean liability has been established. Many lawsuits are successfully defended, settled favorably, or dismissed before trial. How you respond in the early stages of litigation can significantly affect the outcome.
Should I contact the plaintiff directly after being served?
Generally, no. Direct communications with the opposing party about the substance of the dispute can create evidentiary problems for your defense. All substantive discussions should be handled through legal counsel.
How Scarinci Hollenbeck Can Help
Being served with a lawsuit demands prompt, strategic action. The early stages of litigation are often the most consequential — and having experienced counsel involved from the start can make a meaningful difference in the outcome of your case.
Robert E. Levy, Partner and Chair of Scarinci Hollenbeck’s Litigation Group, is one of fewer than 40 attorneys in New Jersey to hold dual certification as both a Certified Civil Trial Attorney and a Certified Criminal Trial Attorney by the New Jersey Supreme Court. His practice spans complex commercial litigation, labor and employment defense, civil rights, and criminal matters, representing Fortune 500 companies, privately held businesses, and individuals across New Jersey and New York.
If you or your business has been served with a lawsuit, contact us today to schedule a consultation and discuss how we can protect your interests.
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