Steps and Timeline When Served with a Lawsuit in Riverside County, California
A Practical Guide to Responding to Civil Litigation
Introduction
Being served with a lawsuit can be stressful and confusing. Understanding the steps and timeline involved in responding to a lawsuit in Riverside County, California, can help you protect your rights and respond effectively. This guide outlines the key actions you should take and the typical deadlines you must meet.
Step 1: Receiving the Lawsuit (Service of Process)
A lawsuit officially begins when you are served with legal documents—usually a Summons and a Complaint. Service can be done by a process server, sheriff, or sometimes by mail (with your acknowledgment). The documents will state the nature of the lawsuit and what the plaintiff (the person suing you) is seeking.
Step 2: Reading and Understanding the Documents
Carefully review all the paperwork. The Summons will state how many days you have to respond. The Complaint explains the plaintiff’s claims and what they want the court to do. Make notes of important deadlines and any court dates mentioned.
Step 3: Calculating Your Deadline to Respond
In California state court (including Riverside County), you typically have 30 calendar days from the date you are served to file a formal response (such as an Answer, Demurrer, or Motion to Strike) with the court.
Step 4: Deciding How to Respond
- File an Answer: Admit or deny the allegations and state any defenses.
- File a Demurrer: Challenge the legal sufficiency of the Complaint.
- File a Motion to Strike: Ask the court to remove improper parts of the Complaint.
- Negotiate or Settle: Contact the plaintiff or their attorney to discuss settlement options.
Consulting with our civil litigation attorney is highly recommended to choose the best course of action.
Step 5: Filing Your Response
You must file your chosen response with the Riverside County Superior Court and serve a copy to the plaintiff (or their attorney). Filing can often be done online via the court’s e-filing system, in person, or by mail. There are filing fees, but you may request a fee waiver if you qualify.
Step 6: Attending Court Hearings
After your response is filed, the court may schedule case management conferences, hearings, or—if the matter proceeds—trial dates. Attend all required court appearances and comply with any instructions from the court.
What Happens If You Miss the Deadline?
If you do not respond within the required time, the plaintiff can ask the court to enter a default judgment against you. This means the court may automatically rule in the plaintiff’s favor, and you could lose your rights to defend the case.
Conclusion
Responding promptly and appropriately to a lawsuit is critical. Mark your deadlines, consider consulting with a legal professional, and ensure all required documents are filed on time. Call our Riverside County and Inland Empire civil litigation lawyer today for a FREE phone consultation. We handle civil litigation matters in Riverside Historic Courthouse, Menifee Courthouse, and Murrieta Courthouse.