What would you do if you were served with a lawsuit? Service of process is the delivery of a lawsuit citation, which is is an official court-issued document that notifies you that a lawsuit has been filed against you. This could come from a process-server who delivers the citation in person, it could be a document posted on your door if you have avoided the process server or they were unable to locate you, by certified mail, or more rarely, by email.
Whatever the format of service, never simply ignore the citation. This could result in a default judgment against you, and the court may rule against you automatically.
First, carefully review the citation to see the exact date by which a written answer must be filed with the court. You do not want to miss this deadline. You will also receive a copy of the plaintiff’s Original Petition, which sets forth the reason the suit is brought and the relief or damages being sought. We recommend contacting an attorney right away to let them know you have been served so that an appropriate “answer,” another court document, can be crafted and filed with the court. If the case against you is filed in Justice of the Peace Court, which involves small claims up to $20,000, you could still hire an attorney to represent you or you could file a written answer yourself by following the instructions on the citation and your county’s JP website.
Remember, review the paperwork, check dates, and get an answer on file. A trusted professional can help.
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