You've Been Sued in Tennessee. Here's What to Do Next.

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Getting served with a lawsuit is stressful. Your first thoughts are probably the worst ones: Am I going to jail? How much is this going to cost me? What do I do now?

Take a breath. You have options, and you have time to act. But not much.

This Is a Civil Lawsuit, Not a Criminal Case

First, the most important thing to understand: a civil lawsuit is not a criminal charge. You're not being prosecuted by the government. You won't face jail time. There's no criminal record at the end of this.

A civil lawsuit means someone (the plaintiff) is asking the court to make you (the defendant) pay them money or do something specific. That's it. The stakes are financial, not your freedom.

You Have 30 Days to Respond

Under Tennessee law, you generally have 30 days from the date you were served to file a response with the court. This response is usually called an Answer, or in some cases a Motion to Dismiss.

This deadline is not flexible. If you ignore the lawsuit or miss the deadline, the court can enter a default judgment against you. That means you lose automatically, without ever telling your side of the story. The plaintiff can then start collecting from your bank account, garnishing your wages, or placing liens on your property.

The clock is already running. Don't wait.

What's at Stake: Damages

Most civil lawsuits are about money. The plaintiff is asking the court to award them damages, which can include:

• Compensatory damages for their actual losses

• Consequential damages for additional harm flowing from the dispute

• Punitive damages in some cases, to punish wrongful conduct

• Attorney's fees and court costs, if the contract or law allows it

Depending on the case, you could be facing anywhere from a few thousand dollars to hundreds of thousands. This is real money, and how you respond in the first 30 days will shape the outcome.

Why You Need an Attorney

Trying to handle a civil lawsuit on your own can be one of the worst financial decisions you can make. Most people who represent themselves lose, and they don't lose because the facts are against them. They lose because they don't know the rules.

Civil litigation is governed by the Tennessee Rules of Civil Procedure, the Tennessee Rules of Evidence, and local court rules. Cases are won and lost on things like:

• Whether you were properly served in the first place

• Whether the statute of limitations has run

• Whether the court has jurisdiction over you

• Whether the complaint actually states a valid legal claim

• Motions to dismiss and motions for summary judgment that can end the case before trial

• Discovery strategy, including what to request and what to object to

• Settlement negotiations, where most cases are actually resolved

These aren't things you can figure out from a Google search. A small procedural mistake early on can waive defenses you didn't even know you had.

What You Should Do Right Now

Don't ignore the lawsuit. This is the single worst thing you can do.

Mark your 30-day deadline on your calendar.

Gather every document related to the dispute: contracts, emails, texts, invoices, photos, anything.

Do not contact the plaintiff or their attorney directly. Anything you say can and will be used against you.

Call a Tennessee civil defense attorney. The sooner the better.

Talk to a Nashville Civil Defense Attorney Today

At the Law Office of Will McSeveney, we have substantial experience representing and successfully defending clients named as defendants in civil lawsuits across Tennessee. We know how to evaluate the claims against you, identify the defenses available, and build a strategy that protects your financial interests. If you've been served, don't wait. Contact us today to discuss your case.

Book a free 15-minute consultation: https://calendly.com/mcseveneylaw/30min

Or call us today: 615-852-7221

This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship with The Law Office of Will McSeveney, PLLC. If you have been sued or are facing a legal issue, you should consult with a licensed Tennessee attorney about the specific facts of your situation.