Nobody expects to be served with a lawsuit. But it happens -- and when it does, the worst thing you can do is panic, ignore it, or hope it goes away.
At WG Law, we help individuals and businesses in North Texas respond to lawsuits strategically and effectively. Here's what you need to know if you've been served.
Step 1: Don't Panic -- But Don't Ignore It
Being served with a lawsuit means someone has filed a legal claim against you and the court has formally notified you. This is serious, but it doesn't mean you've lost anything. It means a case has been started -- not decided.
The single most important thing: do NOT ignore the paperwork. If you fail to respond within the deadline, the court can enter a default judgment against you -- meaning the other side wins automatically, without you having a chance to tell your side.
Step 2: Read the Paperwork Carefully
You'll typically receive two documents:
- The Citation: This tells you which court the case is in, the case number, and your deadline to respond
- The Original Petition: This is the plaintiff's statement of their case -- what they're claiming you did and what they want (money, an order, etc.)
Read both documents carefully. Note the court, the case number, the plaintiff's name, and most importantly, the answer deadline.
Step 3: Know Your Deadline
In Texas, the deadline to file your written answer depends on how you were served:
- Personal service (handed to you directly): You must file your answer by 10:00 a.m. on the Monday after 20 days from the date you were served
- Other methods (substituted service, service by publication): Different deadlines may apply
This deadline is strict. Missing it can result in a default judgment.
Example: If you're personally served on a Wednesday, count 20 days forward. Your answer is due at 10:00 a.m. on the first Monday after that 20th day. If the 20th day falls on a Tuesday, the next Monday is six days later -- that's your deadline.
Step 4: Contact an Attorney
Even if the lawsuit seems straightforward, consulting an attorney before you respond is strongly recommended. An attorney can:
- Evaluate the strength of the claims against you
- Identify defenses you may not know you have
- Draft a proper answer that preserves all your legal rights
- Advise whether a counterclaim is appropriate
- Help you avoid common mistakes that weaken your position
Many of the clients we see at WG Law come to us after making an initial misstep -- like calling the plaintiff to "work things out" (creating admissions) or filing a response that accidentally waives important defenses.
Step 5: File Your Answer
Your answer is your formal written response to the lawsuit. In it, you:
- Admit or deny each allegation in the petition
- Assert affirmative defenses (legal reasons the plaintiff should not prevail, even if their facts are true)
- File any counterclaims (claims you have against the plaintiff)
Your answer must be filed with the court clerk and served on the plaintiff's attorney. Filing your answer stops the clock on a default judgment and formally begins your defense.
Step 6: The Discovery Phase
After answers are filed, the case enters discovery -- the phase where both sides exchange information. This includes:
- Interrogatories: Written questions you must answer under oath
- Requests for Production: Demands for documents, emails, photos, and other evidence
- Depositions: In-person testimony taken under oath before trial
- Requests for Admission: Statements the other side asks you to admit or deny
Discovery can be extensive, but it's also where cases are often won or lost. The information gathered during discovery shapes settlement negotiations and trial strategy.
Step 7: Settlement vs. Trial
Most lawsuits in Texas settle before trial. Settlement can happen at any stage -- even after discovery or on the courthouse steps. Settlement often makes sense because:
- It eliminates the uncertainty of a jury verdict
- It's usually cheaper than going to trial
- Both sides maintain some control over the outcome
If the case doesn't settle, it proceeds to trial, where a judge or jury decides the outcome.
Common Mistakes to Avoid
- Ignoring the lawsuit: This guarantees a default judgment against you
- Talking to the plaintiff: Anything you say can be used against you
- Posting about the case on social media: This is discoverable evidence
- Destroying documents: This can result in sanctions and adverse inferences
- Missing deadlines: Courts enforce deadlines strictly
Getting Served Is Not the End -- It's the Beginning
A lawsuit is a legal process with rules, deadlines, and procedures. When you follow those rules and respond strategically, you have every opportunity to defend yourself. The key is to act quickly, get professional help, and take it seriously from day one.
If you've been served with a lawsuit in Texas, contact WG Law. We'll review your case, explain your options, and help you build a strong defense.