I’ve been sued! What am I supposed to do now!?
Thankfully, many of us will not find ourselves in this position before the state court system of Texas or the United States. However, there are certain times when some are hurled into these legal arenas despite best efforts to avoid it. Working in the courts as often as I do, I have noticed that many attorneys take for granted that the rest of the world may not know exactly what to do if they ever find themselves a party to a lawsuit. So, what do you do when you have been sued? The answer is a bit counterintuitive, but you should maintain your calm and keep a level head. This article will outline some of the general issues one should be aware of.
Demand Letter
This is really something that one would receive prior to the filing of a law suit, but it is important to mention because dealing a problem early on may result in a more efficient resolution. The goal of the demand letter is to offer the other party an opportunity to settle the problem without the necessity of filing a lawsuit. This letter also is usually an effort to begin the clock for the thirty day requirement of the Texas Civil Practice and Remedies Code that allows a plaintiff to recover attorney fees if successful.
Process Server
Once the lawsuit is filed with the Clerk of the appropriate court holding jurisdiction over the subject matter of the dispute, a process server will attempt to deliver the service of process. There are several methods by which service of process may be accomplished. Traditionally, the Constable is sent out to the address specified on the lawsuit to personally serve the defendant with process (called the citation). At this time certain clocks begin ticking for action and responses.
The law also allows for a private process server to serve the process. This person is not wearing any distinguishing clothing like the Constable will be. It is advisable to simply accept the service and contact your attorney. As with the Constable, attempting to avoid or flee from them will not help. They may be able to leave the citation with another person or even tape the citation to your door. Under certain circumstances, service can be made by publication. These are the legal notices that you may sometimes see in a local newspaper.
Default Judgment
If one does not respond to the lawsuit within the time allowed by law then a judgment may be entered against you by default. Unfortunately, default judgments are somewhat common. In a lawsuit, I think the natural tendency for some people is to ignore it and hope that it goes away. This is not a good approach. One should remain calm and keep a cool head.
A capable, attentive attorney is worth his weight in gold. As early as possible, it is important to locate and hire an attorney to advise you and represent your best interests. Your attorney can assist you with statutory guidelines, strategic decisions, and valuable counsel. Also, your attorney may determine that you have a valid counter claim against the party filing the suit. Just remember that you are not alone. In my profession, there is no shortage of manpower. Common ways to locate an attorney are through the local phone book, the Texas Lawyer Referral Information Service, or by word of mouth.
Jeremy Crew is licensed by the State Bar of Texas and is admitted to practice law in all Texas courts. He is a member of Texas Young Lawyers Association, Texas Bar Association, and American Bar Association. Mr. Crew’s office is located at 115 W. Shepherd Avenue in downtown Lufkin.
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