If you are being sued, you are probably wondering what's in store for you.

First, you either have been or are about to be served with legal documents known as a summons and petition. They will be delivered by a process server, who might be a sheriff, an employee of a process-serving agency, or, for that matter, any adult who is not a party to the action. It could even be served through the mail or by publication under certain circumstances. But whatever the method of service, a process is a means of informing you of the action against you, and of how much time you have to file your answer - or response - to the suit.

In other words, you are now called upon to prepare and enter a formal statement of your defense. If you haven't done so by the specified date, the party suing you - called either the plaintiff, petitioner or complainant - can proceed in the action without you. And the court will then be forced to make its determination without considering your defense. The time limit for filing a response is usually 30 days, although it may vary in some instances and will be set out in the papers served on or delivered to you.

Your response should be complete so that all the points of your defense will be presented in court. If your defense is not properly stated, the court might refuse to consider it, or preclude you from offering it during the trial.

Keep in mind that you may have the right to file a counterclaim against the party suing you. The rules for petitions and counterclaims are the same. Your counterclaim will state your reasons for seeking damages or other relief from the plaintiff. The plaintiff, in turn, must then answer - or reply - to your complaint within the specified time.

In any legal contest, certain defenses may prevent recovery by the plaintiff. For instance, the plaintiff may have delayed too long, in bringing action against you, and the failure to sue within an established time limit is a valid defense.

If you have homeowners or automobile insurance you should contact your agent and insurance company immediately; especially, if you are being sued for injuries that occurred on property owned by you or for an automobile accident in which you are involved.  Failure to promptly notify your insurance carrier can be a basis on which they can deny coverage.

Knowledge of precedents like this are a special part of an attorney's education and experience. For this reason, an attorney is your best resource for an effective defense. Without one, you could lose the suit - even though you might have had a winning case.