• Peter Lamont, Esq.

A Lawsuit for the Holidays



The Holidays should be filled with peace and joy. Unfortunately, there are more than a few Scrooges out there who will serve you with a lawsuit during the holidays. In fact, many process servers find that they have more success serving people during the holidays when many people are just hanging out at home. So, if you got more than presents for Christmas, what should you do?

For many people, when they get served with a holiday lawsuit their initial reaction is panic and despair. However, after a few minutes, they decide to deal with it after the new year. They just refuse to let it ruin their holiday. After all, they have at least 30 days (depending on where you are sued) to answer the complaint. So, is it ok to wait until after the new year?

Simply put, "No!" If you are served with a lawsuit during the holidays, you should not wait until after the new year to deal with it. It takes time to find an attorney or, if you are going to represent yourself, to prepare an answer. The best course of action is to deal with it head-on. Trust me, you will feel much better if you deal with this now instead of sticking your head in the sand.

In addition to "feeling better," by contacting an attorney immediately you will preserve your defense to the action. Nothing is worse then doing nothing. By ignoring the complaint or pushing it off until the next year, you could be creating more trouble (and expense) for yourself. When you don't answer a complaint within the timeline provided by court rules, the other side can obtain a default judgment. This essentially means that the other side get the relief that they were seeking without you being able to explain why they are not entitlied to it.

I get it, we all want to enjoy the holiday season, and while a lawsuit can become coal in your stocking, you should not ignore it.

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#christmas #holidays #lawsuit #summons #complaint

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