What to Do If You Get Served with Court Papers
by: Montana Legal Services Association (MLSA)
What should I do if I get served with court papers?
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 within 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?
You can use an answer form. You can find civil court forms on the State of Montana Law Library web site at: http://www.montanacourts.org/library/topics/civ_forms.asp. NOTE: MontanaLawHelp.org cannot guarantee that forms on another web site are correct.
You should always send a copy of the answer that you file at court to the person who sued you. If that person is represented by an attorney, send it to the attorney.
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://www.montanacourts.org/library/topics/civ_forms.asp. NOTE: MontanaLawHelp.org cannot guarantee that forms on another web site are correct.
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 at http://www.lawlibrary.mt.gov.
www.MTLSA.org
Find copies of all our brochures online.
They are all available for free download!
Last Reviewed On: 03/06/09
Information Not Legal Advice. This web site has been prepared for general information purposes only. The information on this web site is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from State to State, so that some information in this web site may not be correct for your jurisdiction. Finally, the information contained in this web site is not guaranteed to be up to date. Therefore, the information contained in this web site cannot replace the advice of competent legal counsel licensed in your state.
Lawyer Advertising. In some jurisdictions this web site may be considered lawyer advertising. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
Any listing of an attorney does not constitute a recommendation of the attorney. Before hiring any attorney, you should investigate the attorney''s reputation and qualifications.
Links. This web site contains links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that we sponsor or are affiliated or associated with the persons or entities who created such site, nor are the links intended to state or imply that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
E-mail. Viewing this Web site , or transmitting an e-mail message through this Web site, does not create an attorney-client relationship. Sending e-mail to an attorney mentioned in this site does NOT create an attorney-client relationship between you and the attorney. Unless you are already a client of the attorney, your e-mail may NOT be protected by the attorney-client privilege. Moreover, unless it is encrypted, e-mail can be intercepted by persons other than the recipient. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Many people do not check their e-mail daily, and some attorneys do not respond to unsolicited e-mail from non-clients.
