Served with a business lawsuit? The first weeks, step by step
The papers look final. They aren't: they start a process with a short deadline, and the first few weeks decide a lot.
Most owners I meet have had the summons on their desk for a few days, hoping it would make more sense on a second reading. Here is what it means, what to do this week, and a sample case that shows how the first month usually goes.
What you were served
A summons tells you that you have been sued and how long you have to answer. The complaint says what the other side claims you did and what it wants. Together they start the clock.
The deadline to answer is short
The time to file a written answer is measured in weeks, not months, and it varies by court. Miss it and the other side can ask for a default judgment without you. Write down the date you were served; your lawyer will need it.
What to do this week
- Find the contract, the invoices and the emails the claim is about
- Tell your insurer: some business policies cover the defense
- Stop discussing the dispute with the other side in writing
- Keep every document, including texts and drafts
- Call a lawyer before the deadline is half gone
A worked example
A sample case. A food distributor with forty employees was sued for $240,000 by a packaging supplier after it cancelled a standing order. The complaint said the order was binding for twelve months.
Week one: the owner called us with the summons and the supply agreement. The agreement allowed cancellation on sixty days' notice, and the distributor had sent notice by email, which the agreement permitted.
Weeks two and three: we filed an answer denying the claim and a counterclaim for the $18,000 deposit the supplier had kept. We sent the supplier's lawyer the notice email and the clause.
Months two to five: after limited discovery we moved for summary judgment. The court dismissed the supplier's claim, and the deposit claim settled for the full $18,000.
Composite example. Your facts will differ, and past results don't predict yours.
What to bring to a first call
The summons and complaint, the contract, and a rough timeline. Don't send documents through our contact form; we will tell you how to share them once we have checked for conflicts.