What to do if You’re Sued

First, let me say that I am most definitely not a litigation attorney, and I am not in the market for a cameraman who can briskly walk backwards and around corners while shooting my commercials. Even though I am not a litigation attorney, I still have the following conversation far too frequently:

Client: “I got this complaint a few months ago. It says that I owe this guy a bunch of money. It’s a completely bogus claim, so I’m not really worried about it.”
Me: “Do you have the case number?”
Client: “Yeah, it’s ____________.”
Me: “I just pulled up the docket, and it says you were served two months ago. The plaintiff filed a motion for default judgment, and it was granted last week.”
Client: “So what does that mean?”
Me: “It means that, by defaulting in your obligation to respond to the complaint, you have admitted that everything in the complaint is true, so the judge gave the plaintiff his judgment, and now he can file a foreclosure action against your house, or garnish your wages, or take whatever other post-judgment collection activities are available to him.”

In life, there are a lot of things that go away if you ignore them. Lawsuits are most definitely not one of them. Under Ohio law, you have 28 days from the time you are served with a civil complaint to file an answer, or some other pleading. If you fail to do so, the consequences can be severe. The plaintiff can file a motion for default judgment and, if this motion is granted, proceed to foreclose on your house or other real estate, garnish your wages, or pursue a host of other options.

If the claims in the complaint truly are bogus, you can file a “60(b) motion,” or a Motion for Relief from Judgment, but even then a judge might not grant your motion. It is far easier to deal with the complaint before the judgment is granted. The bottom line is that, if you receive a complaint that names you as a defendant, the worst possible response is to ignore it. A much better response is to call an attorney, who should be willing to either represent you or point you in the right direction for other assistance.