So You Are Being Sued

What happens next?

For some, the initial impact of being sued is devastating. Some people just want to run and hide or retract into denial. Neither are reasonable plans as being sued is time sensitive with the clock ticking from the day you are served. You need to be proactive right from the start in determining your course of action.

  1. Once you have been served, you have 20 days to file your defense.
  2. Call Shaw Legal Service as soon as you have been served to book a consultation to build your defense.
  3. Amass all contracts, agreements or any and all other proof that will positively aide in your defense.
  4. Bring all documentation to the consultation.
  5. Try to work from a position of Fact as opposed to one from Emotion. (It can be difficult especially when you are raw from the sting.)
  6. Write your recollection of the events down right away as a fresh mind holds so many more details. If it should  happen, write in down no matter how trivial you may consider the thought.
  7. Shaw Legal Service will: Draft your defense making three copies.
  8. Professionally bind all three.
  9. Consider a counter claim based on the chain of events and elements of the matter. Weigh all options.
  10. File your defense into the courts on your behalf. Pay the fees.
  11. Process serve the Plaintiff. Pay the fees.
  12. Wait for the court coordinator to assign a date for the Settlement Conference.
  13. Once a date for the Settlement Conference has been booked and confirmed in writing by the courts: prepare a Settlement Conference Brief.
  14. File the brief with the courts and serve the Plaintiff. Pay the fees.
  15. Prepare and file Affidavit of Service with the courts.
  16. Prepare Witness List and Will Say Statements for trial if the matter should not happen to settle at the Settlement Conference. Pay the fees.
  17. File the Witness List and Will Say statements with the courts. Pay the fees.
  18. Serve the Plaintiff with the Settlement Conference Brief. Pay the fees.
  19. Prepare and file Affidavit of Service with the courts.
  20. Appear and defend the complete case in front of a Deputy Judge in the Superior Court of Justice at the Settlement Conference.
  21. Try all means possible in arriving at a settlement agreement at the Settlement Conference. If successful:
  22. Prepare and sign terms of settlement and a release statement, serve on the other side for signatures.
  23. File Request to Clerk to end the matter along with filing all closing documents.

The initial timing of being served is critical. Under no circumstances: DO NOT LEAVE IT TO THE LAST MINUTE! If you do not file a defense within the allotted 20 days, you may be held in Default with the matter judged in the Plaintiff’s favour against you along with court costs, pre and post interest and other awards.

Contact Shaw Legal Service

For a no-charge, no-obligation consultation today!

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