You are being sued - now what?
Being served is stressful, but the path forward is simple if you act fast. The biggest mistake is doing nothing.
A default judgment, entered automatically when a defendant fails to respond, is the worst outcome and the easiest to avoid. Your first job is to find and protect your response deadline.
Step 1 - Find your deadline
The claim states how long you have to respond, commonly 14 to 30 days from the date you were served. Write it on your calendar today. Missing it can cost you the entire claim without a hearing.
Step 2 - Read the claim and decide your position
Do you agree you owe it, disagree entirely, or agree with part? Your options are to pay, to dispute, to make a partial offer, or to file a counterclaim if they also owe you.
Step 3 - File your defence on time
Submit the response form the court requires, stating clearly why you dispute the claim. Attach your key evidence. Keep proof of filing.
Step 4 - Gather your evidence
Use the same evidence checklist a plaintiff would. Contracts, messages, photos and receipts that support your version belong in an organised package.
Step 5 - Consider settling
Most disputes settle before a hearing. A reasonable written settlement, with the claim formally discontinued once paid, ends the matter and avoids a judgment on your record.
Step 6 - Prepare for the hearing
Build your court script as the defendant, bring three copies of your evidence, and be respectful and factual. Judges respond well to prepared, calm self-represented defendants.
Frequently asked questions
What should I do first if I am served?
Note the response deadline immediately, it is often only 14 to 30 days, then read the claim carefully and gather your own evidence. Ignoring it leads to an automatic 'default' judgment against you.
What happens if I ignore a small claims claim?
The court can enter a default judgment against you for the full amount plus costs, without a hearing. That judgment can then be enforced through wage garnishment or asset seizure.
Can I file a counterclaim?
Yes. If the other party also owes you, you can file a counterclaim within the response window. It is heard at the same time, which saves you starting a separate case.
Can I settle after being sued?
Absolutely, and most cases do settle. You can negotiate any time before the hearing. Get any settlement in writing and have the claim formally discontinued once you have paid.
Do I need a lawyer to defend myself?
Usually not. Small claims court is built for self-representation. Focus on meeting the deadline, organising evidence, and being clear and respectful at the hearing.