What to Do After Receiving a Summons: A Step-by-Step Guide for Businesses

Running a business comes with challenges, and sometimes, those challenges include legal disputes. If your business has been served with a summons, you may feel overwhelmed or unsure about what to do next. The good news is that receiving a summons doesn’t mean you’ve lost the case—it’s simply the start of the legal process.

In this blog post, we’ll break down what a summons is, what it means for your business, and the steps you should take immediately after being served. 

What Is a Summons, and Why Did You Receive One?

A summons is a legal document issued by a court, notifying you that a lawsuit has been filed against your business. It outlines key details, including:

• The name of the plaintiff (the person or business suing you)
• The nature of the lawsuit
• Deadlines for responding to the summons
• The court where the case will be heard

In most cases, you’ll also receive a complaint, which details the plaintiff’s allegations. Together, these documents officially notify you of the lawsuit and your legal obligation to respond.

What Should You Do When Your Business Is Served with a Summons?

If you’ve just been served with a summons, here’s a step-by-step guide to follow. Acting quickly and decisively can make all the difference in how the case unfolds.

1. Stay Calm and Read the Documents Carefully: The first step is to avoid panic. Take a deep breath and thoroughly read the summons and complaint. Pay close attention to:

• Deadlines for your response (often within 20 days in Florida, but this can vary)
• The specific allegations made against your business
• The court where the lawsuit has been filed

Understanding what you’re dealing with will help you take the right next steps.

2. Note the Response Deadline: The clock starts ticking the moment you are served. Missing the response deadline can result in a default judgment, meaning the court may rule in favor of the plaintiff automatically. In Florida, businesses typically have 20 days from the date of service to respond, but always double-check the documents to confirm.

3. Contact an Experienced Business Litigation Attorney: This is not the time to go it alone. Hiring a knowledgeable business litigation attorney ensures that you have professional guidance and a strong defense strategy. Your attorney will:

• Review the summons and complaint
• Assess the validity of the claims against your business
• Advise on the best course of action, whether it’s filing a response, negotiating, or seeking dismissal

At Ayala Law, we specialize in helping businesses navigate lawsuits and protect their interests.

4. Gather and Preserve Relevant Documents: Start gathering any documents, records, or communications related to the case. This might include:

• Contracts
• Emails or messages
• Invoices
• Financial records

Preserving this evidence is crucial for building your defense. Avoid altering or destroying any documents, as this could harm your case.

5. Evaluate Your Options for Responding to the Summons: Once your attorney has reviewed the case, you’ll have several options for responding, such as:

• Filing an Answer: Addressing each allegation in the complaint and stating your defenses.
• Filing a Motion to Dismiss: If the lawsuit lacks merit or was filed incorrectly, you may seek dismissal.
• Negotiating a Settlement: If appropriate, your attorney can help you negotiate with the plaintiff to resolve the matter out of court.

Each option comes with its own benefits and risks, so work closely with your attorney to determine the best path forward.

6. Don’t Contact the Plaintiff Directly: While it may be tempting to reach out to the plaintiff to “clear things up,” this can backfire. Anything you say could be used against you in court. Instead, let your attorney handle all communications with the other party.

7. Plan for the Long Term: Lawsuits can take time, so be prepared for a potentially lengthy process. Your attorney will guide you through each phase, from discovery to potential trial or settlement. Staying organized and proactive will help your business manage the situation effectively.

Common Questions About Summons and Lawsuits

Can I Ignore a Summons?

Ignoring a summons is one of the worst things you can do. Failure to respond can result in a default judgment, which could lead to wage garnishment, liens, or other financial consequences for your business.

How Much Does It Cost to Defend a Lawsuit?

The cost of defending a lawsuit varies depending on the complexity of the case. While legal fees may seem like a burden, investing in a strong defense can save your business from more significant financial losses in the long run.

What If I Believe the Lawsuit Is Frivolous?

Even if you believe the lawsuit is baseless, you still need to respond. Your attorney can help you seek dismissal or counterclaim if the plaintiff’s case lacks merit.

Why You Should Act Quickly After Being Served

Every moment counts when your business is served with a summons. Acting quickly and following the steps outlined in this guide can help you minimize risks, protect your reputation, and increase the likelihood of a favorable outcome.

Need Help With a Summons? Contact Us Today

If your business has been served with a summons, don’t wait to seek help, contact one of our attorneys at 305-570-2208. You can also email our attorney Eduardo A. Maura directly at eduardo@ayalalawpa.com.

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].