Receiving legal documents can feel overwhelming, especially if you’ve never been involved in a court case before. However, it’s important to remain calm and take the appropriate steps to protect your rights and respond properly. At Accurate Serve® of Atlanta, we understand how confusing this process can be, which is why we’ve created this guide to help defendants in Georgia navigate what to do after being served with process for a civil case.
Review the Documents Carefully
The first thing you should do is carefully read all the documents you’ve received. These will likely include a summons and complaint, along with other legal paperwork detailing the claims against you. This paperwork will also include the deadlines for you to respond. As you review, make note of:
- The court name and location where the case is being heard
- The date by which you must respond to avoid default judgment
- The date and time that you should appear in court
If the paperwork is difficult for you to understand, we suggest consulting with an attorney or Legal Aid for assistance.
Mark Your Response Deadline
In Georgia, once you are served with a complaint, you typically have 30 days to file an answer with the court. If you don’t respond by the deadline, the judge can issue a default judgment in favor of the plaintiff, meaning that they may give the plaintiff what they’re asking for without you having a chance to defend yourself. Be sure not to miss the response deadline.
Get Legal Assistance
As mentioned above, consulting with an attorney or your local Legal Aid office is advisable if you don’t feel comfortable interpreting the legal documents and representing yourself in court. They can help you:
- Review the claims
- Help prepare your response and possibly a counterclaim
- Represent you during court proceedings
Note that you do not have to hire an attorney for any court proceeding.
File a Response with the Court
In most scenarios, you will simply respond to the complaint the plaintiff filed by filing an answer with the court. Your answer will address all of the claims made by the plaintiff, giving you a chance to present your side of the story on paper. You can also file for a counterclaim of the plaintiff’s claims when filing your answer.
Gather and Organize Evidence
Once your answer is filed, it’s time to start gathering the evidence that supports your side of the story. This may include:
- Emails, contracts, or other written agreements
- Text messages and other written or recorded communications
- Photos, receipts, or other documentation related to the dispute
Do not wait until the last minute to start gathering documentation. An attorney of Legal Aid can help you compile a list of relevant evidence you need to gather.
Attend All Required Court Hearings
Prior to an actual trial date, the court may schedule hearings or other meetings related to your case. You should attend all court dates, whether in person or remotely if possible. Missing any of these meetings can have detrimental effects on your defense against the plaintiff’s claims.
Explore Settlement Options
Sometimes, the parties in a civil action may be able to come to an agreement without having to actually go to trial. This is usually in everyone’s best interest, as it drastically reduces costs for everyone involved and frees up time for other matters on the court’s schedule. If any type of settlement option is offered during your court meetings, consider it carefully and weigh pros and cons before making a decision.
Prepare for Trial
If a settlement isn’t reached, your case may proceed to trial. Preparing for trial involves:
- Working with your attorney (if you hired one) to build your defense
- Submitting documentation to the court as required
- Practicing your testimony to calm your nerves during potential questioning
Being prepared for trial will help you present your case with more confidence and make logical arguments in your defense. It will also help you assert your counterclaims, if applicable.
Comply with the Court’s Rulings
Sometimes a court’s ruling can be upsetting, but it’s important to comply with whatever the judge says. If the judgment is against you, you’ll need to pay the damages and court fees associated with the case and comply with any other court-ordered actions. You may have an opportunity to file an appeal if you disagree with the decision, but you’ll need to do so within the instructed timeframe.
Partner with Accurate Serve® of Atlanta
Navigating the legal system can be hard, but understanding the process and taking steps to prepare yourself will help you stay on track and be successful. If you’ve been served with legal documents and need more information, contact a reliable local attorney or your local Legal Aid office.
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At Accurate Serve® of Atlanta, we provide professional process service, document retrieval, skip tracing, and diligent search services to individuals and businesses across the state of Georgia. If you need assistance or have questions about our services, contact us at (404) 924-4838 or send us a work request online.
