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Getting served with court papers can feel like a punch in the gut. Whether it's a process server at your door, or an envelope dropped off at your place of business, it's natural to feel overwhelmed. The important thing to know is you do have options, but only if you act quickly and take the right first steps.
Step 1: Figure Out What You've Been Served With
Most often, you'll see a Statement of Claim. It names the plaintiff (the person suing), the defendant (you), and outlines the allegations, material facts, and remedy (like damages or a declaration) that the other side wants the court to order.
Other documents exist (like a Notice of Application or Petition) but the main idea is the same: someone has started a lawsuit or legal proceeding against you or a corporate entity that you are intimately involved with.
Step 2: Check the Clock
Deadlines are strict. In Manitoba, you normally have 20 days to file a defence if served inside the province. If served elsewhere in Canada or the U.S., it's 40 days; outside North America, 60. Miss the deadline, and the plaintiff can seek default judgment: in short, a ruling against you without hearing your side.
Step 3: Read Carefully — But Don't Panic
Go through the claim line by line. Do you recognize the events? Do you already have documents, emails, or receipts that might be relevant? How much money is being claimed? Understanding what's alleged is the first step to planning your response.
Step 4: Loop In Your Insurer
If you have homeowners, tenants, or commercial liability insurance, your policy may include liability coverage that responds to lawsuits. Businesses may have a commercial general liability policy; professionals may have errors & omissions or directors & officers coverage.
As soon as you're served:
- Determine what insurance you have in place.
- Notify your insurer or broker right away. Almost all policies require prompt notice.
- Send them a copy of the claim.
- Don't admit liability or try to settle privately – that can jeopardize coverage.
The insurance company will decide if coverage applies, and they may appoint defence counsel for you.
Step 5: Preserve Relevant Documents
Once you know a lawsuit exists, courts expect you to not destroy or alter evidence. That means, among other things:
- For businesses: suspend auto-deletion on emails or shared drives. Start consolidating documents that may be relevant to the dispute.
- For individuals: keep texts, emails, photos, receipts, contracts – anything that touches the dispute.
Think of it as a "litigation hold." Preserving documents early avoids headaches later and protects your credibility.
Step 6: Consider Your Options
While you technically can defend yourself, especially in Small Claims Court, most people are better off at least consulting a lawyer.
- Small Claims Court (under $20,000): The process is designed to be more accessible, and many people represent themselves. Still, even here a lawyer's advice can make the difference between a strong presentation and one that misses key points.
- Court of King's Bench (over $20,000 or complex issues): Strongly recommended that you retain counsel. The procedures are technical, the stakes are higher, and one wrong step can close doors you didn't even realize were open.
Even if you think settlement is likely, filing a proper defence through a lawyer protects your rights and strengthens your bargaining position.
Step 7: Avoid Common Mistakes
- Ignoring it. It won't go away.
- Calling the plaintiff directly. Your words can be used against you.
- Rushing a sloppy defence. Once it's filed, it's part of the record.
- Forgetting deadlines. Twenty days passes quickly.
Step 8: Keep Perspective
Being served is the first step in what can be a long process. Many cases resolve through negotiation or mediation rather than trial. By responding properly and preserving your options, you give yourself room to find the best outcome.
Final Word: Getting served is stressful, but manageable. Put the filing deadline in your calendar, loop in your insurer, preserve your documents, and get legal advice as soon as possible. Quick, level-headed steps in the first few days can save you far greater headaches down the road.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
