What to Do After Being Served with a Lawsuit in San Bernardino County
A Practical Guide for Responding to Legal Action
Introduction
If you have been served with a lawsuit in San Bernardino County, California, it is important to act promptly and carefully. Ignoring the lawsuit or failing to respond correctly can result in a default judgment against you. The following steps outline what you should do to protect your rights and respond appropriately.
1. Carefully Review the Lawsuit Papers
Read all documents you received, including the summons and complaint. These will tell you who is suing you, why, and what they are asking the court to do. Note the deadlines stated on the documents—especially the date by which you must respond.
2. Note the Deadline to Respond
In California, you generally have 30 days from the date you were served to file a written response with the court, but this depends on how you or your corporation was served. The deadline may be shorter or longer depending on the type of case, so check your documents carefully.
3. Do Not Ignore the Lawsuit
Failing to respond can result in a default judgment, meaning the court may rule against you automatically. This can lead to wage garnishments, bank levies, or other legal actions to collect on the judgment.
4. Consult with an Attorney
If possible, contact our law office and attorney who practices in San Bernardino County. Our attorney can help you understand your options, draft your response, and represent you in court.
5. Prepare and File Your Response
Your response must be in writing and filed with the appropriate court. Common responses include an Answer, a Demurrer (challenging the legal basis of the lawsuit), or a Motion to Strike. Make sure your response addresses each claim made in the complaint.
6. Serve Your Response on the Plaintiff
After filing your response with the court, you must have a copy served on the plaintiff (or their attorney). This is usually done by mail or personal delivery, and you must file a Proof of Service with the court to show you completed this step.
7. Keep Records of All Documents and Correspondence
Maintain copies of everything you receive and send, including court filings and communications with the plaintiff or their attorney. These records may be crucial for your case.
8. Attend All Court Hearings
Show up for all scheduled San Bernardino County or Rancho Cucamonga court appearances. Missing a hearing can result in negative consequences for your case. Check your paperwork for dates, times, and the location of the courthouse.
9. Consider Settlement Options
Many lawsuits are resolved through settlement rather than trial. If appropriate, consider negotiating with the plaintiff to reach an agreement outside of court. An attorney can help with negotiations.
10. Follow All Court Orders
Comply promptly with any orders issued by the court. Failure to do so can result in additional penalties or sanctions.
Conclusion
Being served with a lawsuit is a serious matter, but following these steps can help you protect your rights and respond effectively. If you have questions about your case, seek guidance from a legal professional familiar with San Bernardino County or Rancho Cucamonga Superior court procedures.