Getting served with a lawsuit, even for a small claims case, can be unsettling. It’s natural to feel anxious, but the worst thing you can do is ignore the summons.
Small claims court is designed to be less intimidating, but you still need to act quickly and understand your options to protect your rights.
Step One: Don’t Ignore the Papers
When you receive a summons, it will inform you of the date and time you are required to appear in court. Failing to respond or show up almost always results in a default judgment against you. That means the other party automatically wins, and you could be legally obligated to pay the amount they claim, even if it’s unfair.
Mark the date immediately, and keep all court paperwork in a safe place. Meeting deadlines is crucial, and staying organized will help you avoid costly mistakes.
See How to Set Up Power of Attorney Safely to ensure someone you trust can handle legal matters on your behalf.
Step Two: Review the Complaint Carefully
The complaint outlines the reasons for the lawsuit and the plaintiff’s requested relief. Read it closely to understand the claims against you. Sometimes, lawsuits contain mistakes, inflated amounts, or even misunderstandings that can be clarified and corrected.
Compare the complaint with your own records, such as emails, contracts, receipts, or messages. If you disagree with the claims, start gathering evidence now. The sooner you prepare, the stronger your defense will be.
Step Three: Consider Your Options
Once you know what you’re being sued for, you have choices. You can:
- File a counterclaim: If the plaintiff actually owes you money or caused you harm, you may be able to bring your own claim in response.
- Settle out of court: If the amount is small and you agree you owe something, negotiating a payment plan or reduced settlement may be less stressful than going to trial.
- Defend yourself: If you disagree with the claim, you can show up in court and present your evidence.
To learn more about how civil claims work, the U.S. Courts website offers a simple overview of what to expect before appearing in court.
Step Four: Prepare for Court
If you decide to contest the lawsuit, preparation is key. Organize your documents, create a clear timeline of events, and practice explaining your side concisely and clearly. Judges in small claims court want facts, not lengthy stories.
Bring copies of everything: one for yourself, one for the judge, and one for the other party. Witnesses who can support your version of events may also strengthen your case.
Check out How to Handle a Small Claims Court Case on Your Own if your case ends up proceeding in court.
Step Five: Know What Happens After Judgment
If the court rules in your favor, the case is dismissed, and you don’t owe the plaintiff anything. On one hand, if you win a counterclaim, the plaintiff may owe you money instead.
If the court rules against you, you’ll be required to pay. In many cases, you can set up a payment plan. Some states also allow you to appeal if you believe the decision was unfair, but deadlines are short, so act quickly.
For broader business-related risks, see How to Dissolve a Business Without Getting Sued.
The Bottom Line
Being sued, even in small claims court, doesn’t have to be overwhelming. By responding promptly, reviewing the complaint, and preparing your evidence, you increase your chances of achieving a fair outcome.
Remember, ignoring the summons only guarantees a loss. Whether you settle, defend yourself, or file a counterclaim, taking action empowers you to protect your rights and minimize financial or legal setbacks.
