When a legal document appears unexpectedly, there’s an element of denial. It could be a letter or a notice that looks official, taped on your door. Or, it might just be a strange-looking process server, standing awkwardly at your door, asking, “Are you John Doe?”. You are handed papers. Suddenly, you’re being sued. What next? You should read it. You take it seriously. You get help. In reality, people do not always react in this way. Some panic. Some people procrastinate. Some people fold their paperwork neatly and tuck it away in a cabinet.
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Here’s a truth that we have had to tell many clients at Bonardi & Uzdavinis LLP over the years: Ignoring civil litigation will not make it disappear. This only makes the situation worse.
First, what is a civil lawsuit?
Civil litigation is a dispute between two private parties. This could be individuals, businesses, or landlords. It could also include tenants and contractors. You may be held responsible by someone who believes that you have caused them financial or other harm. Civil cases can be divided into:
- Breach of contract
- Personal Injury (such as car accidents or slips and falls)
- Property Damage
- Defamation
- Debt collection
- Landlord/tenant disputes
- Business disputes
The plaintiff is the party who files the lawsuit. You are the defendant. You will receive a Summons and complaint when the lawsuit is filed. Here’s where it gets real.
What happens if you just… don’t respond?
You should ignore the case. You might not recognize the name of the plaintiff. The amount of money they are suing for seems ridiculous. You might think it’s a scare tactic. Here’s the catch. The plaintiff may request a default judgment if the defendant does not respond to a civil suit within the period required. This is usually 20-30 days, depending on where you live. They will.
What is a default judgment?
This is exactly what you think it is. The court will assume that the plaintiff is telling the truth if you do not show up for your defense. By default, they “win”. It’s not just symbolic. This is a legally binding judgment. It can include:
- Damages monetary (sometimes including interest and legal costs)
- Orders from the court to stop or perform certain actions
- You may be liable for liens placed on your property
- Wage garnishment
- Bank account levies
You won’t have a chance to dispute again. You won’t be called to double-check. The court won’t keep the case open in case you decide to change your mind. You missed your chance to respond. You missed it.
What if you never knew that you were being sued?
It happens. It happens. If a default judgment was entered in those cases, you can request that the court set it aside. You will need to prove that you were not properly served, and then file a motion. It’s not a sure thing that the verdict will be overturned. It’s still a chance. A window. What happens if the window is closed? This judgment could be quietly sitting on your record, collecting interest for years.
What Happens after a Default Judgment?
It may take a while to feel the effects. Slowly, you will start to feel it. Your home is encumbered with a lien. Your credit score plummets. Your salary shrinks. Your bank account is frozen. You may find yourself in a situation where you’re trying to get a loan or refinance your home, and the lender tells you, “We cannot approve this with an outstanding civil judgment.” Many people describe feeling trapped in a situation they did not even know they were entering. It’s not a trick. The legal system is doing what it’s designed to do, with or without your involvement.
What can you do after the fact?
Yes… sometimes. The longer you wait, the harder it becomes. You may be able to file a motion to vacate if you ignored a lawsuit, and a default judgment was entered. In general, courts require that you have a valid excuse, such as improper service, neglect, or a strong defense. It is up to you, the judge, to convince him. Acting quickly is also important. In Florida, you have sixty days to file a motion after learning of the judgment. Your options will shrink after that. You’re not doomed, but you will need legal assistance. At Bonardi & Uzdavinis LLP, we have helped clients reverse judgments and reenter cases, but only when they came before the time limit ran out.
Why people ignore lawsuits (and why you shouldn’t)
We’ve heard a lot of different reasons why people don’t respond to lawsuits over the years:
- I thought it was a swindle.
- I didn’t believe they could prove anything.
- I couldn’t afford an attorney.
- I just didn’t feel like dealing with it.
And we get it. It’s overwhelming to face a lawsuit. Even when it isn’t, it feels personal. It’s tempting just to wait and hope that it will disappear. It doesn’t. Irony alert: it is always cheaper and easier to defend yourself early than later. You still have to appear in court, even if the lawsuit seems unfounded. You must still file a reply. Once a default judgment has been entered, it’s like playing defense up a steep hill.
What is involved in responding to a lawsuit?
You may not be as surprised as you believe. You’re usually required to submit a Response within a certain number of days. This is your official Answer to the allegations. You can either admit or deny the allegations, or you can say that you do not have enough information to respond. This document is sufficient to protect your right to contest the case. It’s not necessary to give a detailed explanation. Show the court you are engaged. You’re serious about it. The process then unfolds: discovery, negotiation, and perhaps mediation. Many lawsuits are settled out of court. You can only be a part of the discussion if you give yourself the opportunity.
What if you can’t afford a lawyer?
This is a common question. Legal representation can be expensive. Not every case requires a full legal team. You may be able to do the following, depending on your case:
- Represent yourself (called pro se representation)
- Hire an attorney for limited scope services (just to help with filing and reviewing).
- Legal Aid (for those who qualify)
It’s important not to remain silent because you are unsure. Reach out. Ask questions. A consultation can clarify your options. Bonardi & Uzdavinis LLP has met many clients who thought they didn’t have any options until they found out that they did.
Feel Free To Schedule A Consultation
Contact Bonardi & Uzdavinis without delay to arrange a FREE consultation.
What if you just disagree with the whole thing?
It’s a good reason to reply. The purpose of a lawsuit is not to declare guilt. They’re accusations–claims. These claims are tested in court. You can present your case by filing an answer and participating in this process. To contest their evidence. To raise legal defenses. If you do not show up in court, the judge can only hear from one side. Theirs.
Last Thoughts – It’s not about Fear – it’s about Control
We have seen how easily fear, embarrassment, or pride can prevent people from pursuing a lawsuit. We’ve seen how relieved people are when they face the lawsuit and realize that it isn’t as frightening as it seems. If you have been served or you are staring at unopened legal correspondence on your kitchen counter, this is what we would say: Take a deep breath. Take action. You don’t have to know all the answers. You only need to respond. Because of ignoring it? The real problem begins when you ignore it. Bonardi & Uzdavinis LLP helps individuals and businesses navigate civil litigation confidently. We can help you, whether you have just been served with a lawsuit or you need to reverse a judgment. Our firm will guide you without judgment, pressure, and only provide honest advice. Protecting your rights begins with showing up.
Feel Free To Schedule A Consultation
Contact Bonardi & Uzdavinis without delay to arrange a FREE consultation.
