Navigating the Lawsuit Process: Key Steps Explained

This podcast focuses on the procedure involved when served with a lawsuit and the effect if bankruptcy is filed.

Service of Process- The First Step of the Lawsuit

First, we focus on the issue of being served. It could be a private process server or the Sheriff’s Office. Don’t worry; you’re not being arrested. It just means you’re being notified of legal action against you.

Responding to the Lawsuit

Once the lawsuit is served, there’s a limited time to respond to the lawsuit. This varies per state and is usually twenty to thirty days. The exact amount of time will be listed on the summons, which is the first page of the lawsuit.

Also, it’s important to note that it’s calendar days, not workdays, so weekends are included. Many times, debtors ignore filing a response to the lawsuit, but ignoring the lawsuit will result in a default judgment. This allows the creditor to seek enforcement of the judgment, whether by putting a lien on personal property, wage garnishment, or even issuing a levy against your bank accounts.

Avoid Bank Account Freezes: Legal Tips You Need

At this point, the only way to prevent this is by filing for bankruptcy. I want to stress that a letter to the judge is not a valid legal response. Contact the clerk’s office or your legal aid office, which usually has templates you can use. Another suggestion is to look at cases filed before yours to use as a guide. For example, pick random case numbers that would have been filed a few months before your case. After researching a few cases through the clerk’s office online portal, you will come across a response filed by a lawyer. That could serve as a guide. When I relocated to Jacksonville, that is what I did because I realized quickly the procedure and court process was different than what I was used to.

The Discovery Process

After the response is filed, the next step is the discovery phase. Here, both parties to the lawsuit exchange relevant documents and information.

The Mediation Process

Once discovery is completed, the judge usually requires the parties to attend mediation. This is when both parties attempt to settle the case outside of court. This can be a way to resolve the situation faster and avoid going to trial. The creditors’ attorney will usually offer flexible payment plans.

Trial- The Final Stage of a Lawsuit

If mediation fails, the final step is having a trial before the judge. Of course, at any time during the lawsuit process, a bankruptcy can be filed, and because of the automatic stay, the lawsuit cannot proceed until the bankruptcy case is finalized. As part of your bankruptcy filing, you should also file a Suggestion of Bankruptcy. If your are short on time, another strategy used by bankruptcy lawyers is filing a bare-bones petition.

Need to look for prior blog posts or other categories? Click the links below:

• Bankruptcy
• Your Wallet

Colleges and universities can purchase my bankruptcy law textbook directly from Routledge Publishing. For paralegals and students buying single copies, you can do so via Amazon Books. To access my YouTube channel, click this link. Podcast archives can be found via this link.

Please note that the information on this site does not constitute legal advice and should be considered for informational purposes only.

Updated on March 16, 2025.