When you’re served with a lawsuit and summons, whether by a law enforcement officer or process server, your first reaction is probably shock, anger, anxiety, or some combination of emotions. You may have been expecting it, or it could have come clear out of the blue. Regardless, the natural question that comes to mind is: What do I do now? The short answer is Don’t panic, call an attorney. Below is more context on why acting quickly and getting legal advice is your best course.
After a lawsuit is filed with the court, the step that sets the lawsuit in action is “service” or the act of having the legal paperwork being delivered to the person or entity against whom the lawsuit is being brought. Once service has been perfected the clock starts running on when a response must be filed with the Court.
It is very important to look at the document that is served to understand which court (State, Superior, Magistrate, of Federal) so that you will know where the Answer must be filed. Many courts require e-filing online, but there are some exceptions.
It is also important to understand who is being sued. Is it you individually or a business or other entity that you have an ownership interest in? Individuals can represent themselves (although that is strongly discouraged in most cases), but corporate entities like an LLC or Corporation must be represented by counsel in Georgia courts of record.
For most lawsuits in State or Superior Court, the defendant (the person who is being sued) has 30 days after service to file their responsive pleadings. In Federal Court it is generally 21 days.
While 30 days may seem like plenty of time, it’s important to contact a lawyer as soon as you can. A civil litigation attorney can advise as to how to respond. Most frequently an Answer will be filed, but in light of Georgia’s law change in 2025 (SB 68), often times a lawyer will file a Motion to Dismiss based upon defenses available under Rule 12. A motion to dismiss can assert significant legal defenses regarding venue, jurisdiction, and other defenses. If certain defenses and affirmative defenses are not presented in the beginning, you risk waiving them.
You should contact an attorney as soon as possible, bring them all of the documents which were served on you, and gather any and all documents that could be relevant to the matter. Matson Law Firm, LLC provides free consultations over the phone or in-person to determine if we can help with your legal matters.