You may have been sued or you may be expecting a Lawsuit. If so, you may be wondering what to do when you are served with the legal papers.

A Lawsuit begins when someone files a document in court known as a complaint or petition. The next step is to give you, the defendant or respondent, a copy of the complaint or petition and a copy of a document called a summons. When someone gives a defendant a summons and complaint, the court calls it service of process. The person who makes the delivery is called a Process Server. The Sheriff, a Marshall (or any adult person who is a citizen of the United States) can be a process server.

The summons tells you how many days you have in which to file your answer or response. If you do not file an answer or response within that time limit, the plaintiff or petitioner may proceed with the lawsuit anyway. The plaintiff will enter a default against you and try his case before the judge. The court will not be able to hear your defense.

If you don't answer or respond to the legal papers served on you, you may not even know the date and time of the court hearing against you.

The usual time limit for answering a lawsuit is 30 days in the state court and 20 days in federal court. The court may extend this time if before the end of the 30 days or 20 days you ask and if you have a good reason. The time limit in a lawsuit to recover possession of land or a home is (6) days. Such a lawsuit is called a suit for unlawful detainer. A response to that kind of action must of course be very prompt. Sometimes other hearings will require earlier action on your part.

Your response or answer must be carefully worded so that all of your defenses may be presented in court. If you have a defense which you don't tell about in your answer, the court may refuse to allow you to present that defense at the trial.

At the same time when you file your answer, you may wish to file a counter-complaint. A counter-complaint is just like a complaint or petition but it is filed by the defendant. All of the rules for complaints must be followed for a counter-complaint. The counter-complaint will state your reasons why you should recover damages or other relief from the plaintiff. The plaintiff must then answer your counter-complaint within the same time limit that you had.

All of these rules for filing and serving legal documents are made so that everyone will know what is going on and so that everyone will know what the charges are against him.

Certain defenses may be good ones but you may not know about them. For example, the plaintiff may have sued you to late or to long after the incident which he is complaining about. The failure to sue within the proper time limit is a valid defense. There are many such defenses which lawyers are trained to know about. If you have been sued, you should consult a lawyer to learn all of the defenses available to you. A lawyer can help you take advantage of your rights. By failing to claim your rights in an answer or other court documents you may give them up forever.

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The information available through TBALink LawBytes is basic legal information and is not a substitute for legal advice. LawBytes is provided by the Tennessee Bar Association as a public service and for general information only. It should not be considered legal advice. You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service. The topics covered through TBALink LawBytes will provide basic information and should make it easier for someone with a problem to decide whether they need professional help from a lawyer or if another agency could provide them with assistance.