A large percentage of civil litigation in the United States is made up of personal injury lawsuits. Approximately one new lawsuit is filed every two seconds throughout the nation. Some of the most common causes of personal injury cases include traffic accidents, medical malpractice, defective products, construction accidents and dog bites.
Things to Remember if You are Sued
If someone has filed a lawsuit against you, there are a number of different steps you need to take. The first thing to do after you have been served is to respond. You have 30 days to respond by filing a typed response to the Court, including weekends and holidays. Losing by Default: If you do not file a response 30 days after being served, the Plaintiff can file a “Request for Default” form after waiting 30 days. If this file is formed, there can be a judgment entered against you by the Court. This means that the Plaintiff will win the case. After this, the judgment against you can be enforced, according to what the Plaintiff deems fit. This could mean getting cash settlement from you or putting a lien on your car or house. Keep in mind that a judgment against you can show up on your credit report. This means that you can have a very difficult time when you want to get a loan or credit card. Cancelling a Judgment: You can ask to “set aside” or cancel a default judgment. Keep in mind that you need a very good answer when asked why you did not respond within 30 days. If the Court cancels the judgment, you will have a chance to give an answer.
Types of Responses
You can file many of the responses with Court forms. These forms can be obtained at:
- The Self-Help Center forms page of the Court
- The law library in your area
- A Self Service Center office
You can also find some local forms at the Local Forms page of the Court. You will file your response with a Proof of Service form. Some types of responses are:
- Answer
- Demurrer
- General Denial
- Motion to Transfer
- Motion to Strike
- Motion to Dismiss or Stay Action
- Motion to Quash Service of Summons
To respond to the plaintiff’s complaint, you can file an Answer form. It is a formal written statement that you write in your defense. You can mention that the plaintiff’s claims are not true. Or you can also say that it is true, but provide more reasons or information or explain the situation from your perspective. If you or a family member has been sued, you should reach out to Rosenberg, Minc, Falkoff, & Wolff of RMFW Law for counsel on what you should do. Our personal injury attorneys have years of experience in handling various cases and will gladly discuss the facts of your case. The first meeting is free with RMFW Law. Call us today! We have won millions of dollars for past clients, you too can be on this astonishing list. We are the best personal injury lawyers in NYC.
