Are you thinking I have a lawsuit filed against me, now what? Many people who have been served court papers quickly contact the plaintiff or lawyer to explain that a lawsuit is unnecessary, the facts are mistaken, or another person is to blame. Don’t make this mistake! You could wreck your case and convince the other side that you are helpless. Instead, use the following steps:
Contact Your Insurer
- If you have mortgage insurance, contact your insurer as soon as possible to inform them about the lawsuit. They definitely have a financial stake in the outcome and must be notified of the action. Remember, however, that their primary aim is to protect the insurance company, not you as a person. If your and their interests are not perfectly aligned in the beginning. Some insurers have been known to “throw their customers under the bus” if it avoids their having to pay out huge sums.
Get a Lawyer
- You need your own hired gun, a lawyer who has been tested with previous court cases and understands the pitfalls of a court battle, as well as the likely strategies of the plaintiff’s lawyer. In most suits, the winner is not the person who has the facts on his side, but whose expression of those facts makes the most logical sense. Good lawyers are narrators, and the best tell simple, believable, and thoughtful narratives.
Gather the necessary Information
- Once you’ve been served a lawsuit, do not destroy any information that could be related to the matter in question. The information comprises of electronic data such as emails, accounting records, files, memos, or notes, as well as their paper counterparts. Collect and analyze the information to be sure you recall the facts as well as the circumstances leading to the plaintiff filing suit. Do not disclose any sensitive information about the case with anyone other than your lawyer because your conversations may not be “privileged” – protected from disclosure to the other side.
- Lawsuits can take years to go to trial or before sensible settlement offers are made. Fortunately, time is usually on the side of the defendant, i.e., your side. The plaintiff has to undergo the same examination process as you do. Sometimes, the plaintiff is paying his lawyer regularly to pursue the litigation.
- Offers and counter-offers are made from one side to the other in an attempt to avoid an unfavorable judgment. Be realistic about your position and whether the evidence supports a clear-cut decision in your favor. Weigh the economic and personal costs of proceeding with the litigation, whether you’re likely to achieve a better outcome than the settlement offers, and make your decision.
In Conclusion, being sued is no fun. Even if you’re successful in defending the claim against you, you will pay the price financially and emotionally. However, knowing what to expect and having experienced legal representation can help you survive the process. Make sure your lawyer understands the issues you are facing, including costs and other issues. Or call 888-909-9430 to speak a litigation lawyer in California today.