Small Business Sense

Small Business Sense: Someone Sued Me…Now What????

We live in a very litigious society. Anyone can file a law suit with or without an attorney. During 2007 in Georgia alone, a total of 168,560 civil lawsuits were filed. Of that number 93,602 were unresolved and open as of December 31st. Many people are looking for a quick buck and do not want to take responsibility for themselves.

But what do you do when you receive notice of a lawsuit against you? Below are 4 important considerations should you find yourself involved in a lawsuit:

• Be prepared. Always, always, always have a written agreement. The easiest, most economical and the method used by most legal professionals is a letter agreement.

• Once served with notice of a lawsuit, DO NOT hide your head in the sand. The clock is ticking. Once you have been served with a lawsuit you have 45 days to file an Answer.

• Seek the advice of an attorney. You may decide to represent yourself but it is always advisable to contact an attorney. Look for an attorney that provides a free consultation.

• Consider the cost of litigation. Litigation exists primarily for the purpose of collecting money or protecting a business -- not to prove principles. Do not become involved in litigation because of the principle of the matter. Small businesses exist solely for the purpose of making a profit. In some states you generally are not entitled to attorneys fees when you collect a debt unless they have been agreed to in writing. Settle and go on with your business.