Being served civil papers can be an extremely stressful and confusing situation for anyone. Since most people have little to no knowledge of the civil litigation process, it is extremely important to follow certain steps to ensure your case is treated fairly and you do not give away any advantages you may have.
The absolute last thing you want to do is contact the plaintiff (the person who filed the lawsuit against you) or their civil suit attorney. This could absolutely sabotage your case!
Instead, consider the following steps that can ensure you have the best defense.
Contact Your Mortgage Insurer
One of the initial steps to take when being served civil papers if you have mortgage insurance is to contact your insurer and alert them of the lawsuit. The insurance company has a financial interest in the outcome of any civil litigation case and should be informed quickly of the action.
It is very important to also consider that their primary goal is to protect the interests of the insurance company as opposed to your interests.
Remember, if the insurer can avoid having to pay a very large sum of money then they can and will “throw you under the bus” to protect themselves.
Hire An Experienced Lawyer
Very few people have the kind of extensive knowledge needed to mount an adequate defense when it comes to civil litigation. You need your own experienced civil lawsuit lawyer who can defend your interests and that understands the potential issues that may be raised during a difficult court battle.
An experienced civil suit attorney has an extensive knowledge of possible strategies a plaintiff’s lawyer could use against you in court and how to effectively counter them.
Remember, a good lawyer is your legal defender and representative through every step of the civil litigation process.
Collect All The Necessary Information
After being served civil papers for a lawsuit you must be certain not to destroy or lose any information pertaining to your case. This information can include documents like memos, notes, accounting records, legal documents, and government documents.
It also includes electronic data like emails and other electronic documents including their paper counterparts. After collecting all the necessary information surrounding your case, be sure to analyze it and recall the circumstances and facts leading to the plaintiff’s lawsuit and share it with your civil suit attorney.
Remember, share everything with your lawyer but not to disclose any sensitive information or documents with anyone else.
Be Patient And Realistic
Unfortunately, civil litigation can take years before a conclusion is reached, let alone one that is fair to both you and the plaintiff. It is important to consider and be pragmatic about your position and whether the evidence supports a settlement in your favor.
Your civil lawsuit lawyer will help guide you through every step of the often stressful process. Be certain to weigh the financial costs of proceeding with the litigation and make your decision with the consultation of your civil suit attorney.