“I just got served with legal papers. What do I do?”
If you have been served with legal documents, which can be done via a Sheriff or by certified mail, immediately contact an attorney. Especially if said legal documents contain information related to your marriage, your finances, or your children, you want to sit down as soon as possible with a family law attorney to consult about the legal issues pertinent to your case. Even a short consultation can help you determine deadlines, Court dates, and other steps you need to take to protect yourself and your family in your legal matter. A consultation is worth every penny.
As with most court documents also referred to as “pleadings,” there are certain deadlines to respond. Should you not respond appropriately, then the allegations in said pleadings may be held against you. Therefore, most of the time you want to respond. If you are served with pleadings, fail to hire an Attorney, and you do not respond by the deadline, you could potentially waive certain legal rights and protections. For example, typically, if you are served with a Complaint, you have thirty (30) days to respond with an Answer and any Counterclaims.
Another concern is the risk of missing a court date. Missing a court date could be detrimental to your case and could gravely negatively impact your legal rights. On many occasions, I have seen individuals who have missed their court dates be held responsible for an amount of child support not based on their actual income. In one instance, because she failed to respond to pleadings and did not attend only one court date, a mother lost custody of her child.
In order for an attorney to effectively represent you to the best of her ability, attorneys need time to prepare responses to any pleadings and to strategize for court hearings. As an attorney, we appreciate the courtesy of being prepared because we want to help you!
Finally, by not taking appropriate steps when you receive legal papers, you may fall victim to not knowing your legal rights and obligations. There are legal protections and realities that you simply cannot find on the internet or via your friends and family. Making a “legal” mistake could damage your case, and of greater concern, a mistake could negatively impact the future of your financial or custodial situation. Making the right moves as soon as you get any legal papers will play a big role in how your case is resolved.
Time and time again, I see people ignore the papers and simply “bury their head in the sand.” Eventually, when they want help or realize the mistake they made, they hire an attorney. Sometimes we can help resolve some issues and sometimes, it’s simply too late. Immediately upon receiving legal papers, meet with an attorney to review the pleadings and discuss options moving forward. Being invested from the start helps guide the case forward. It’s easier to move forward than it is to fix past mistakes!
If you received legal papers and want to learn more about your next steps, our Modern Legal team is here to help.
Written by: Theresa E. Viera
