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If I have been served with a lawsuit in Georgia, what are my next steps?

Picture of Chris Battis By   ·  1 minute read

If you have been served with a lawsuit in Georgia, your next steps should include the following:

  1. Review the Complaint: The first step is to review the complaint, which is the document that outlines the plaintiff's allegations and the relief they are seeking. You should read the complaint carefully to understand the claims against you and the specific facts and legal theories underlying those claims.
  2. Hiring an Attorney: It is highly recommended that you seek legal representation as soon as possible. An attorney can provide guidance on how to respond to the complaint and can help you with the legal process moving forward.
  3. Responding to the Complaint: Under Georgia law, you typically have 30 days from the date that you were served with the complaint to file a response. Your attorney can file a response on your behalf, which typically involves admitting or denying the allegations in the complaint and asserting any legal defenses that you may have.
  4. Affirmative Defenses: An affirmative defense is a legal argument that you may raise in response to the complaint. The most common affirmative defenses in Georgia include statute of limitations, contributory negligence, and assumption of risk. Your attorney can help you determine which affirmative defenses may be applicable to your case.
  5. Discovery: Once you have filed a response, the discovery process begins, which allows both parties to request and gather evidence related to the case. During discovery, you will be required to provide information and documents related to the case, and you may be deposed by the opposing party's attorney.
  6. Settlement: It is always possible to negotiate a settlement with the opposing party, either before or during trial. Your attorney can help facilitate settlement negotiations and ensure that your interests are protected.

It's important to note that each case is unique, and there may be additional steps or considerations depending on the specific circumstances of your case. It is crucial that you consult with an experienced attorney who can provide guidance tailored to your specific situation.