You Just Got Served…
Here’s what you have to do, and when.
Being sued is not losing. It means someone filed a complaint, and the court has now given you a fixed window to answer. What you do inside that window matters more than almost anything else that will happen in the case.
What you need to know when you get served
Know Your Deadline Before You Do Anything Else
Look at the summons. In Arizona, you generally have twenty days from the date you were served to file and serve a response…
Or thirty days if you were served outside Arizona,
Or sixty days if you signed a waiver of service. Ariz. R. Civ. P. 12(a)(1)(A), 4.2(m), 4(f).
Justice court runs on the same twenty and thirty-day schedule. Justice Ct. R. Civ. P. 114(a).
Federal court gives you twenty-one days, or sixty with a waiver. Fed. R. Civ. P. 12(a)(1). Small claims court, which is justice court without the lawyers, still requires a written answer within twenty days, which surprises people.
2. Stop Deleting Things
The obligation to preserve evidence attaches once litigation is reasonably anticipated, and being served qualifies.
Turn off automatic deletion on your email and text messages.
Do not clean up folders.
Do not take down the post.
Do not go back and revise a document.
Destroying material after you have been sued can do more damage to your case than the underlying claim.
3. Missing the Deadline Can Be Bad
If you do not respond in time, the plaintiff can apply for entry of default.
In state court, a request for default is not automatic and it is not instant. The plaintiff must file an application and make a good faith effort to notify you, and the default does not take effect until ten business days after that application is filed. Ariz. R. Civ. P. 55(a)(2), (a)(3).
If you plead or otherwise defend within those ten days, the default never becomes effective, and the court may not enter a default judgment against you. Ariz. R. Civ. P. 55(a)(1).
The rule is different in federal court, where the failure to file by the deadline can be fatal to any defense.
None of that is a reason to relax. It is a reason not to give up if the twenty days already ran.
4. Some Defenses Disappear If Not Raised Immediately
Lack of personal jurisdiction, improper venue, insufficient process, and defective service of process are waived unless you raise them in your first motion or your answer. Ariz. R. Civ. P. 12(h)(1). So, it is worth asking whether you were actually served correctly before you answer, not after.
5. If You Have a Claim Against the Person Suing You, Plead It Now
A counterclaim arising out of the same transaction is generally compulsory, meaning you must assert it in your answer or lose it for good. Ariz. R. Civ. P. 13(a).
This comes up constantly in HOA cases. You may have counterclaims worth considering before filing a bare answer that might prevent you from asserting the counterclaims later.
6. If Your HOA is the One Suing You
Do they include a ledger? Often, they don’t (why would they make it easier on you to check their math?). If it does, compare with your payments. Print copies of all payments. Is anything missing?
If you do owe assessments, pay them. You owe it anyway, and you gain nothing by withholding payment. If you cannot afford to pay the unpaid assessments, that raises additional issues. What you owe, how much you owe, and what you should and shouldn’t pay other than assessments depends on the CC&Rs and various facts.
7. What Happens After You Answer
The case moves into discovery, where both sides exchange documents, answer written questions, and take depositions. Most cases settle. Those that do not go to a judge or a jury. It is slower than people expect, and the early work you do now shapes all of it.
8. Do Not Call the Plaintiff
Anything you say can be used against you, and a well-meaning explanation is often the best evidence the other side gets. Route communications through your counsel.
If you have been served, the defense attorneys at Dessaules Law Group can review the complaint, identify your deadline, and tell you what your options actually are.