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Civil Litigation

What should you do when your company is served with a lawsuit?

Act immediately — court documents carry strict response deadlines, and missing one can result in a default judgment against you without any hearing on the merits. Do not ignore it, and do not contact the other side's lawyer before you've taken advice.

What to do next

  1. Note the deadline and don't miss it

    The time to file a response is set by court rules and is short. Missing it risks a default judgment — meaning you lose without ever arguing your case. This is the single most important step.

  2. Preserve all documents

    Stop routine deletion of relevant emails, files, and records immediately. Destroying material once litigation is underway can carry serious consequences on top of the original claim.

  3. Get a lawyer and notify your insurer

    Many liability policies cover defence costs, but require prompt notice. A litigation lawyer can assess the claim, whether the deadline can be extended, and whether settlement makes more sense than fighting.

Frequently asked questions

What happens if I ignore it?

The plaintiff can obtain a default judgment, which is enforceable against your assets. Setting aside a default judgment is possible but harder and more expensive than responding on time.

Should I call the other side to sort it out?

Speak to your own lawyer first. Statements you make can be used against you, and an informal conversation rarely resolves a filed lawsuit on good terms.

Will my insurance cover this?

Possibly — commercial liability policies often cover defence costs for certain claims, but coverage depends on the policy and prompt notice. Notify your insurer early.

How long does a lawsuit take?

It varies widely. Straightforward matters can settle in months; contested cases often take a year or more through pleadings, disclosure, and motions before any trial.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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