Served with a lawsuit in Pennsylvania? Learn what to do first, what mistakes to avoid, and how to protect yourself in the early stages of litigation.
Being sued is one of those things that instantly consumes your life. One day you’re focused on work, family, and everyday life, and the next, you’re staring at accusations that you never thought that you’d have to deal with. For most people, the process is unfamiliar and what you do first matters more than you realize. It’s important to protect yourself from day one and avoid making mistakes that can be costly.
Always read what you were served
In Pennsylvania, not every case begins the same way. You should determine whether you received a Complaint, a Writ of Summons, or another type of filing. The distinction matters because each type of filing requires a different response and triggers different procedural consequences and deadlines. The first response deadline is often when procedural defects are addressed, and legally insufficient claims are challenged. If you fail to respond, the consequences are real. A default judgment may be entered against you, even if the claims are legally insufficient and regardless of whether the claims have merit. The best opportunity to control the scope of the case is at the beginning.
Do not discuss the lawsuit with friends and family
Once you’ve been served with legal documents, your first instinct is to talk to people close to you. However, from a litigation standpoint, you need to be careful.
What you think is an innocent and private conversation with friends and family may not be protected by attorney-client privilege, and any communication discussing the dispute may be discoverable. Specifically, you should avoid explanations of “what really happened.”
The proper step is to contact a lawyer and direct case-related communications to legal counsel to preserve confidentiality and avoid creating unnecessary evidence.
Do not contact the opposing party directly
Naturally, you want to reach out and try to “work it out.” Don’t do it.
In practice, that often creates problems. Even casual conversations can be taken out of context. In fact, those casual conversations can become evidence at a later date. It’s advisable that once you know that litigation is pending, you should direct all communications to your legal counsel to avoid making any costly admissions.
Preserve relevant information
After you have been served, you should immediately preserve all relevant information related to the lawsuit. This includes documents and communications that help or hurt your position. Courts impose significant consequences for lost evidence, and failure to preserve evidence can result in monetary damages, court sanctions, and adverse inferences that can negatively impact the outcome of your case. Early preservation not only legally protects you but allows counsel to properly evaluate the claims and prepare a defense.
Bottom line
Being sued is stressful and a lawsuit can quickly take over your life, if you let it. The safest approach is to act early, preserve what matters, and avoid unnecessary communications that can be used against you later. If you’ve been served with a lawsuit in Pennsylvania, seek legal advice early to avoid costly mistakes.
