Received a Lawsuit? What to Do First
If you have just received a summons in a civil lawsuit, the single most important first step is to contact an experienced Florida litigation attorney immediately. Do not ignore the documents or delay taking action. A summons is a legal command to appear in court, and failing to respond correctly within the strict deadline can have severe and permanent consequences, such as losing the case automatically.
Understanding the Documents You Were Served
When you have received a summons to appear in a lawsuit in Florida, you typically receive two distinct documents. Understanding their purpose is crucial.
What is a Summons?
A summons is the official court document that notifies you that a lawsuit has been filed against you (you are the “Defendant”). If you have received a summons to appear, it commands you to respond to the lawsuit within a specific timeframe. In Florida, this is typically 20 days from the date you were served.
What is a Complaint?
The Complaint is the document filed by the person or entity suing you (the “Plaintiff”). It outlines the specific allegations, explains the legal basis for their claims (e.g., breach of contract, negligence), and states what they are asking the court to award them (e.g., monetary damages).
Critical Steps After You’ve Received a Summons
The shock of being served can be overwhelming, but following a clear plan can protect your rights. Here are the essential steps to take.
1. Note the Date and Do Not Ignore It
The clock starts ticking the moment you are served. Once you have received a summons to appear, under the Florida Rules of Civil Procedure, you generally have only 20 days to file a formal, written response with the court. Ignoring this deadline almost always results in a “default judgment” against you, meaning you automatically lose the case without ever presenting your side.
2. Preserve All Documents
If you have received a summons to appear, keep the Summons, Complaint, and any other attached papers together in a safe place. Do not write on the original documents. If they came in an envelope from a process server, keep that as well, as it can help document the date of service.
3. Do Not Contact the Plaintiff or Their Attorney
It can be tempting to call the person suing you to “work things out.” This is a significant mistake. Anything you say can be used against you in court. All communication should be handled by your legal counsel to protect your interests.
4. Secure Legal Representation Immediately
This is the most critical step after you have received a summons to appear. Navigating the legal system is complex, and the procedural rules are strict. An experienced attorney will:
- Review the Summons and Complaint to assess the claims against you.
- Determine any potential legal defenses you may have.
- Ensure a timely and legally proper response is drafted and filed with the court.
- Represent you in all communications, negotiations, and court proceedings.
When you’ve received a summons to appear, time is not on your side. The 20-day window is short, and an attorney needs time to prepare an effective response.
The Dangers of a Default Judgment
If you have received a summons to appear, failing to respond to the lawsuit is the worst possible course of action. If a default judgment is entered against you, the Plaintiff can then use the power of the court to enforce it. This may include:
- Garnishing your wages.
- Placing a lien on your property, including your home.
- Seizing funds from your bank accounts.
- Damaging your credit score.
How Light Path Law Can Guide You
At Light Path Law, serving Southwest Florida from our offices in Fort Myers, we understand the stress and uncertainty that arise when you have received a summons to appear. Whether you are an individual, a business owner, a church, or a homeowners association, being drawn into litigation can be daunting. Our litigation team is committed to providing clear, principled guidance to help you navigate this challenge.
We handle a wide range of civil litigation matters, including business disputes, real estate conflicts, and personal injury claims. We will act swiftly to protect your rights, explore all available defenses, and chart a course toward the most favorable resolution possible. Our mission is to be your trusted advocate, illuminating the path forward with integrity and legal excellence.
Frequently Asked Questions (FAQ)
What happens if I miss the 20-day deadline in Florida?
If you have received a summons to appear and fail to file a responsive pleading within 20 days, the plaintiff can ask the court to enter a default against you. Shortly after, they can obtain a final default judgment, which legally establishes your liability and the damages you owe.
Can I just call the court clerk to tell them my side of the story?
No. Court clerks are prohibited from giving legal advice. A phone call is not a legal response. You must file a formal, written document (such as an Answer or a Motion to Dismiss) with the Clerk of Court and serve a copy on the plaintiff’s attorney.
What if the lawsuit is completely baseless?
Even if the claims are false or frivolous, you cannot ignore the lawsuit. You must still file a formal response to defend yourself. An attorney can help you file a motion to dismiss a baseless claim, but ignoring it will still lead to a default judgment.
Do I really need a lawyer for a small civil suit?
While you have the right to represent yourself (pro se), it is highly inadvisable. The legal system has complex rules of evidence and procedure. An opposing attorney will use these rules to their advantage. The cost of losing by default or making a critical error is often far greater than the cost of hiring experienced counsel.
Contact Light Path Law today for guidance on your next steps.
