If you’ve never been sued before or been through a litigation, getting sued can be a shocking and nerve wracking experience. However, there is a process to deal with the matter which will help you to come out of the other end in good shape.
What you should NOT do
The worst thing you can do if you are being sued is to do nothing. If you ignore the matter, the other person will be able to take enforcement action against you which can include making you bankrupt and selling your property. The judgement will also affect your credit rating which can make it hard for you to take out loans or do other things such as be a company director. So in short, don’t ignore it!
What you should do
First, you should seek legal advice as soon as you are served with the documents. You only have 28 days to file a defense, so make not of the time and date of when you were serviced. If you were served after 4pm or on a weekend, the time starts on the next working day.
You will need to show your lawyer exactly what is being claimed in the documents. They will then help you to come up with a defense, either technical or substantive. The defense has to be in detail and respond to every allegation in the claim. If you deny an allegation or cannot admit it, you will need to state why. If you don’t, you may be deemed to have admitted the allegation, so be aware of this.
If you are being sued and want the help of a litigation lawyer in Sydney, talk to us at Elmassian Lawyers now. We are experts in litigation and are able to help you resolve your case. Talk to us now by calling 02 9958 2407 or emailing info@elmassianlawyers.com.au