I’VE BEEN SUED – WHAT HAPPENS NEXT?
1. Creditor files a Summons and Complaint (also called a Warrant in Debt, Citation and Petition, Notice of Intention to Defend, or Writ of Debt.) This is a legal document that begins the lawsuit and alleges that the Defendant (you) owe the Plaintiff (Creditor) money.
2. The Summons gives the Defendant notice of the lawsuit and a specific time to file an Answer to the Complaint and/or a date and time to appear in court to Answer the Summons.
3. The Summons and Complaint must be served on the Defendant.
4. The time for filing an Answer does not begin until the Defendant is served with a copy of the Summons and Complaint.
5. An Answer to the Complaint is filed by Defendant. This will be filed on your behalf by the Amerilit attorney in your state.
6. Court Appearances: In some states, not only must an Answer be filed, but the court requires the Defendant to appear in person for an initial hearing. An Amerilit attorney will appear on your behalf and represent you at this initial hearing and at any scheduled subsequent hearings.
7. Pretrial: Before a trial is held, the Judge will set court dates to monitor the status of the lawsuit. The Judge also will set due dates for filing of motions, pretrial statements and witness and exhibit lists. (i.e. status conference, case management conference, pretrial conference, motion hearing, scheduling conference)
8. Mediation: The court may order the parties to participate in mediation to discuss resolution of the lawsuit.
9. Discovery: Prior to trial Discovery requests may be filed by either party which are orders directing the other party to provide information or documents or answer questions about the other party’s case.
10. Motion for Summary Judgment: This is a type of motion that requests that the Judge grant the Plaintiff a judgment because there are not any disputed facts or controversy in the law. The Plaintiff will file a Motion for Summary Judgment prior to trial. If granted, this ends the lawsuit.
11. Trial. At trial, the witnesses will testify, and exhibits will be admitted to prove whether the Defendant owes the money to the Plaintiff. The Judge will decide the verdict. If the Judge finds that the Defendant owes the money to the Plaintiff a Judgment will be entered against the Defendant for the amount alleged, court costs, statutory interest and possibly attorney fees.
12. Settlement: Before a lawsuit is concluded the parties may enter into a settlement agreement that disposes of the lawsuit.
13. Post-Judgment Collection Actions: After a Judgment is entered, the Plaintiff may choose to initiate post-judgment collection actions, which may include wage garnishment, bank account freezes (liens or garnishments) and property liens. [i]
[i] Document created by Mary S. Bruehl on 5-11-23; revised 8-2-23, 6-14-24. Copyright © 2023 American Litigation Law Group, PLLC (“Amerilit”) All Rights Reserved; Use of the information contained in this letter may not be used or disseminated without permission of Amerilit.
Disclosure/ Disclaimer: The information in this letter has been prepared for general information purposes only to permit you to learn more about our firm, our services, and the experience of our attorneys. The information provided is not a full analysis of the matters presented, may not be relied on as legal advice and is not to be acted on as such, may not be current and is subject to change without notice. Further, if you are not the person to whom this letter has been disseminated by American Litigation Law Group, PLLC (“Amerilit”) be aware that any use, reproduction, or distribution of this message is strictly prohibited.
[1] Document created by Mary S. Bruehl on 5-11-23; revised 8-2-23, 6-14-24. Copyright © 2023 American Litigation Law Group, PLLC (“Amerilit”) All Rights Reserved; Use of the information contained in this letter may not be used or disseminated without permission of Amerilit.