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What To Do After You're Served With Legal Papers (A Simple Step-by-Step Guide)

Updated: 7 days ago

What To Do After You're Served With Legal Papers (A Simple Step-by-Step Guide)

Getting served with legal papers can feel like a punch to the gut. Your heart races, your hands might shake, and suddenly you're holding documents that look important but read like a foreign language. Pretty Little Lawyer wants to help you

Step 1: Don't Ignore It (Seriously, Don't)

The worst thing you can do is pretend those papers don't exist. Ignoring legal documents won't make them disappear—it will make your situation worse. Courts can issue default judgments against you, meaning the other side wins automatically because you didn't respond. You could lose money, property, or legal rights simply because you didn't show up.

Step 2: Read Everything Carefully

Find a quiet place and read through the papers. Yes, the language is confusing, but look for these key pieces of information:

  • Who is suing you (the plaintiff)

  • What court the case is filed in

  • What they're claiming you did or owe

  • The deadline to respond (often called the "answer date")

That deadline is critical. Mark it on your calendar, set phone reminders, write it on your bathroom mirror—whatever it takes to keep it front of mind.

Step 3: Make Copies of Everything

Before you do anything else, make at least three copies of all the documents you received. Keep one set in a safe place at home, take one set with you to any attorney consultations, and keep a digital copy if possible. You'll need these for reference.

Step 4: Don't Contact the Other Party

Your first instinct might be to call the person or company suing you to "work it out." Don't. Anything you say can be used against you in court. If you need to communicate, do it through proper legal channels or through an attorney.


Step 5: Consult an Attorney

Even if you think you can handle this alone, at least get a consultation. Many attorneys offer free or low-cost initial consultations. Bring your copies of the legal papers and any related documents (contracts, emails, receipts). Be honest about your situation—attorneys have heard it all, and they can't help you if they don't know the full story. You can schedule or book a consultation with me to discuss your legal course of action.

Step 6: File Your Response on Time

If you decide to represent yourself or while you're looking for an attorney, you must file a response with the court by the deadline. This is typically called an "answer." The court clerk's office can provide you with the forms you need. Your response doesn't have to be perfect, but it must be filed on time.

What Your Response Should Include:

  • Admissions or denials of each claim made against you

  • Any defenses you have

  • Any counterclaims (if you're also claiming the other party owes you something)

Step 7: Gather Your Evidence

Start collecting anything that supports your side of the story: emails, text messages, contracts, receipts, photos, witness names and contact information. Organize these documents chronologically and label them clearly.

Step 8: Consider Your Options

Once you've filed your response, you have several potential paths:

  • Negotiate a settlement: Many cases settle before trial

  • Mediation: A neutral third party helps you reach an agreement

  • Go to trial: Present your case before a judge or jury

Each option has pros and cons. Settlement is faster and cheaper but requires compromise. Trial gives you a definitive ruling but is more expensive and time-consuming.

What Happens Next?

After you file your response, the court will schedule deadlines for discovery (exchanging information), potential mediation, and eventually trial if the case doesn't settle. You'll receive notices about these dates—again, mark every single deadline on your calendar.

A Few Important Don'ts:

  • Don't post about your case on social media

  • Don't destroy any documents related to the case

  • Don't miss court dates for any reason (if you're sick or have an emergency, contact the court immediately)

  • Don't represent yourself in complex matters like criminal cases or significant financial disputes

Remember This

Being served with legal papers doesn't mean you've already lost. It means someone has started a legal process, and you have the right to respond and defend yourself. Courts are designed to hear both sides of a story. You have rights, you have options, and you have time to figure out your next move—as long as you act within those deadlines.

If money is tight, look into legal aid organizations in your area. Many provide free or reduced-cost services to people who qualify. Your local bar association can also provide referrals to attorneys who work on payment plans or sliding scales.

You've got this. Take it one step at a time.



 
 
 

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