Monday, October 22, 2018

What NOT to do after you are served a summons

If you received a court summons, chances are you or your company is being sued. Responding to this document is crucial if you want to fight the case. As a law-abiding citizen, you have every right to defend yourself or your company in front of a judge. While following the instructions for a summons may seem simple enough, there are some terrible reactions you could fall prey to upon the receipt of one. If you have recently been served a summons, avoid the following:


Ignoring the lawsuit Problems won’t go away when you ignore them, especially lawsuits. Not responding to a summons can only mean that you are revoking your right to contest the issue. This is tantamount to automatically losing the case.

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Contacting the other side If you think that it’s okay to call the other side to work things out, don’t bother. What you could end up doing could constitute obstruction of justice and can be used against you during the trial. Moreover, the opposing counsel has no legal obligation to inform you of the consequences of your actions.

Post information on social media Information about the case should be kept private to protect the integrity of both parties. Posting information can illicit actions from other people which could cause harm to one or both parties.

Handle the case on your own Unless it’s a small claims court problem or something trivial, don’t attempt to handle the case on your own. Have an attorney look into your case and give you legal advice on how to proceed with the case.

Daniel DeKoter is an “AV” rated lawyer, the highest rating given by the premier peer review service as seen at lawyers.com. He is an attorney and partner at DeKoter, Thole, Dawson & Rockman, PLC. Visit his firm’s website at www.sibleylaw.com for more information.

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