What should I do if I get sued?

If you get served with court papers, look at them immediately. Sometimes people don't want to look at court papers because it's unpleasant. But the sooner you read them, the faster you can take action. Dealing with the court papers quickly will help you in the long run.

First, look at the "Summons". This will tell you who is suing you. It also tells you which court the case is in. Finally, the summons tells you how many days you have to answer. You must file an answer with the court in that number of days. If you don't file an answer with the court, the court can enter a judgment against you. That can happen without notice to you. That means the person suing you would win.

Should I ask an attorney to look at my court papers?

Yes. We always encourage you to talk to an attorney if you get sued. The sooner you call, the more likely it is that you can get an attorney to help you.

If you are low-income, you can call the Montana Legal Services HelpLine at 1-800-666-6899. And, if you want to find a private attorney to help you, you can call the Montana State Bar Lawyer Information and Referral Service at 406-449-6577.

Can I file my own answer?

Yes. But we encourage you to talk to an attorney first, if possible.

How do I file my own answer?

First, you need to draft an answer. You can use an answer form. (Also called a response form). You can find civil court forms on the State of Montana Law Library web site at:http://courts.mt.gov/library/topic/civil_forms.mcpx. NOTE: MontanaLawHelp.org cannot guarantee that forms on another web site are correct.

Your answer should always answer each of the allegations the person suing you makes about you and the case. (An allegation is a statement that the person makes about you and the case. For example, an allegation would be: "Defendant did not pay for the work performed in March, 2009.")

You should admit or deny each allegation made about you and the case. For each, write down "admit" or "deny." If part of an allegation is true and part is false, you can admit part and deny part. To use the example in the paragraph above, you could say: "I the Defendant admit that the work was performed in March, 2009, but I deny that I did not pay."

If you don't know whether an allegation is true or false, you can write: "I don't have enough information to admit or deny the allegation, so I deny it."

I have my own complaints against the person who sued me. Can I sue that person?

If your problem with the person who sued you is related to the situation that you got sued about, you should file a "Counterclaim." You have to file a counterclaim with your answer. If you don't, you might lose the opportunity to ask the court to deal with that problem. You can find a counterclaim form on the State of Montana Law Library web site at:http://courts.mt.gov/library/topic/civil_forms.mcpx. NOTE: MontanaLawHelp.org cannot guarantee that forms on another web site are correct.

We strongly advise you to seek advice from an attorney before you attempt to file a counterclaim.

Okay, I've drafted an answer. What do I do now?

You need to make at least two copies. Then, take it to the court where the case against you was filed, and have the clerk file your answer. Make sure that you get it filed before the deadline. To be safe, you should try to file it a few days before the deadline. You should always send a copy of the answer that you file to the person who sued you. If that person is represented by an attorney, send it to the attorney.

I need more information about how to file an answer. Who should I call?

1. Montana Legal Services Association (MLSA) provides free
civil legal assistance to low-income people. If you need help with a legal problem and believe you may qualify for assistance, please call the MLSA HelpLine at 1-800-666-6899.

2. Lawyer Referral and Information Service (LRIS) provides free help finding an attorney. Call the LRIS at 1-406-449-6577.

3. State Law Library provides help finding legal information. Visit the Law Library Web site athttp://www.lawlibrary.mt.gov.

www.MTLSA.org

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