Handling A Civil Lawsuit
Knowing what to do when someone sues can prevent a legal nightmare
acceptable if an adult living in your house is served, says McMullen. Proper notice is crucial, because if you fail to answer, the other party can get a default of judgment or garnish your paycheck.
Label any documents that you prepare as “confidential attorney- client privilege,” advise Robert Irvin and David L. Ganz in their book, The 90 Second Lawyer John Wiley & Sons, $16.95). This label will avoid documents that you meant for your lawyer’s review only from being subpoenaed by the other side during pre-trial discovery, which is when the other side can ask for your records.
Consider whether you may have a counterclaim and then consult your attorney and the insurance company. If it is a small claim issue (in most states, $5,000 or less), you can represent yourself.
Finally, don’t approach the other party to apologize. This could be misinterpreted as an admission of guilt.