What to Do If You’re Served With A Civil Lawsuit In Florida

While life is always full of surprises, one surprise you don’t want to get is being served with a civil lawsuit. Whether you’re simply an individual or if you own your own business, it’s completely normal to be unsure about what happens next. Being served can initially feel very overwhelming, especially if it’s the first time this has happened to you. However, receiving legal notice doesn’t automatically mean that the other party is right and you are wrong. It simply means that a legal dispute involving you and the other party has officially entered the court system.

If you’ve been served with a civil lawsuit in Miami-Dade or Broward County, taking the right steps early will make a significant difference. Utilizing the services of a reliable and experienced civil litigation attorney can help you better understand the process, know your obligations, and ensure you avoid common mistakes to help protect your interests as the matter progresses.

There are things you can do to help both yourself and your attorney throughout this process.

Don’t Bury Your Head In The Sand

While pretending to be an ostrich may seem fun, ignoring the issue won’t make it go away. In fact, ignoring a filed lawsuit is one of the worst things you can do. The Florida court system has strict deadlines that must be followed. In many cases, you will only have 20 calendar days to respond after being served. Missing that deadline could allow the other party to ask the court for a default judgment. This means that the case will proceed without your side of the story. Even if you believe the claims are false or without merit, responding on time is essential.

Read the Legal Documentation Carefully

When being served, you’ll usually receive a summons and a complaint. The complaint outlines why the lawsuit has been filed, who is involved, and what the other party is asking the court to do. The summons gives you an exact timeframe for when your response to the matter is due and provides other important information about the case.

You may instinctively find yourself panicking and unable to comprehend the documentation you have been given. Don’t panic or react on impulse. Read through it all slowly and carefully and have your civil attorney explain anything that you don’t understand. Small details can become important later in the process, so don’t assume you already know what the lawsuit is about without reading the documents thoroughly.

Keep Relevant Records

Good record keeping can help you with more than just your taxes during financial year-end. If the lawsuit relates to your business or even a specific transaction you made as an individual. Gather and preserve any documents which may be relevant to your case. This includes contracts, invoices, emails, text messages, financial statements, correspondence, and any other documentation connected to the dispute. Keeping everything organized from the beginning will save considerable time and frustration as the case progresses.

Keep in mind that as a business owner, you need to ensure your employees don’t delete or dispose of any records that could later become relevant. Depending on the contents and the type of documents, they should be kept for at least six years before you dispose of them. This ensures that you are covered in the event a dispute arises a few years after the initial transaction was made.

Your Words Can Be Legally Used Against You

Often, people panic once being served with a civil lawsuit. The problem arises when you want to rush your explanation or share your side of the story as soon as possible. It’s better to be careful about what you say as well as to whom you say it. You may think you’re discussing it in confidence with a friend or family member, but those words can be used against you later. Only speak about the situation with your civil litigation attorney. Ensure that you avoid commenting about the situation on social media, don’t make “vague” posts on online forums about a “friend’s” situation, and try to avoid discussing the matter publicly.

As a business owner, you shouldn’t discuss a civil lawsuit with customers, suppliers, or even employees unless it’s generally necessary and with the approval of your attorney.

Understanding the Process

Civil lawsuits aren’t always what you see in dramatized television shows. Not every civil lawsuit ends up in a courtroom. After the response is filed, both parties move into the discovery phase. During this stage, parties and their legal representatives exchange information and documentation so that both parties can understand the issues in the dispute.

Some civil matters are resolved through mediation or negotiation before reaching trial, while others continue through hearings and will eventually be heard before a judge or jury to decide on the outcome. Each case follows its own path depending on the circumstances involved, and no two cases are completely alike.

Does Acting Early Help In Civil Litigation?

Yes. It’s one of the biggest advantages you can give yourself during a civil lawsuit.

Waiting until the last minute to respond or organize important documentation can make an already stressful situation even more difficult. By consulting with your civil litigation lawyer, you can easily understand what is required. Acting early also ensures that you will be in a better position to deal with the lawsuit as it progresses through the court system.