Nothing can ruin your day like being greeted by the sheriff with a yellow sheet of paper that reads "Summons and Complaint." Although it is tempting, the worst thing that you could do is ignore it! If you ignore it, the person who sued you will automatically win in what is called a "Default Judgment."
Generally, in NC, you have 30 days to respond to a lawsuit. This is your chance to deny the allegations in the lawsuit and submit a counterclaim against them if they have wronged you as well. You only get one shot to file a claim (or counterclaim) for anything arising out of the same set of facts, so be sure to meet with an attorney so you don't miss any claims and miss out on some money or property owed to you.
Remember to be truthful because you could be ordered to pay a fine or their attorney's fees if you allege facts that aren't true. Separately, if the facts that they are claiming are untrue, baseless, and frivolous, the other side may be ordered to pay your attorney's fees following a Rule 60 "Motion for Sanctions."
Many lawsuits can be settled through mediation or negotiation. This way, the parties can determine the terms of the agreement without leaving their fate up to a judge. Contact me, a certified mediator, if you need a neutral party to resolve these issues before they reach a hearing at (919)321-6569, Nastasia@kisalawatkins.com, www.kisalawatkins.com.
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