I’ve been sued! What do I do now?
The court will send you official notice that someone has filed a claim against you. The notice and its attachments will give you important information. For example, the notice and its attachments will state the identity and address of the plaintiff, the basis and amount of the claim, and the date and time you must appear at that court to defend the claim. Further, the official notice will contain instructions on how you should respond to plaintiff’s claim. Once you have received this official notice, you have several options. Come of these options are mentioned below. If the plaintiff’s claim is fair, you may pay the plaintiff the full amount of the claim, plus court costs, and that will be the end of the matter. If part of the plaintiff’s claim is fair, you may admit that part of the claim and deny the rest. If plaintiff’s claim is completely unfair, you may deny that you owe anything. Further, if you believe the plaintiff actually owes you money, you may answer the claim with a claim of your own called a “counterclaim”. If the plaintiff has named multiple defendants and you have a claim against one of those defendants, you should consider filing a cross-claim against that defendant. (A cross-claim is generally a claim filed by one defendant against a second defendant.) if persons who are not parties to the original claim are necessary for a complete determination of the lawsuit, you may ask the court to have them brought in as parties. For example, plaintiff may have named you as the only defendant where another person or entity is involved. You may request the court to bring in such other person or entity by making a third-party complaint (or claim). Ask the clerk about filing cross-claims and third-party claims if you have such claims.

Show All Answers

1. What is small claims court?
2. What cases can the court handle?
3. Who can sue or be sued?
4. Where do I file my claim?
5. How do I file my claim?
6. What does it cost?
7. I’ve been sued! What do I do now?
8. What if the claim is settled before hearing?
9. How do I prepare my case?
10. What is mediation?
11. How does mediation work?
12. Why mediate?
13. What if I do not appear at the hearing / trial?
14. What if I win or lose?
15. How do I get my money?