Ignoring a lawsuit typically leads to a "default judgment" being entered against you, which means the court automatically rules in favor of the plaintiff. The plaintiff is awarded everything they asked for, including potentially inflated damages and court costs, without you having the chance to defend yourself.
If you ignore service of the lawsuit, a default judgment WILL be entered against you. If you defend the case, you have the opportunity to show that you are not liable. If you ignore the case, EVERYTHING in the petition, including the allegations about your liability, are accepted as true by the Court.
No.
However, you may be arrested if you: Ignore a court summons related to a judgment (e.g., debtor's examination) Fail to appear in court when ordered to do so. Violate a court order related to debt collection.
If you do not respond to a lawsuit by the deadline, typically 20-30 days, the court may issue a default judgment against you. This means the plaintiff wins automatically, potentially leading to wage garnishment or asset seizure. It's crucial to file an answer or motion promptly to protect your rights.
If someone sues you with nothing, they can still win a judgment, but collecting is hard; you become "judgment-proof" if legally protected assets/income (like minimum wage earnings or Social Security) exist, but creditors can place liens or garnish future wages/bank accounts once you do get money or property, meaning the debt and judgment can follow you for years. Ignoring the suit leads to a default judgment against you, making collection easier for the plaintiff.
How To Emotionally Survive a Lawsuit
Some people justify ignoring the lawsuit by reasoning: I haven't done anything wrong, so they can't sue me, or at least they can't win. I have insurance, so they can't sue me. I have no money or property, so I have nothing to lose.
When someone refuses to cooperate, hides evidence, or acts in bad faith, the court can issue sanctions which are penalties designed to protect fairness in the case. Sanctions can mean fines, paying the other side's legal fees, or even losing certain arguments in the case. In short: they keep the legal process honest.
In general, a personal injury lawsuit can take anywhere from a few months to several years. Some cases settle quickly through negotiations, while others may require a trial, adding more time to the process.
If the defendant does not reply to your claim, you can ask the court to enter judgment 'by default' (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed.
The short answer is potentially everything. If you lose a lawsuit and a money judgment is entered against you, all of your assets could potentially be at risk to pay off that judgment, and your wages could be garnished (i.e., taken) until the judgment is fully paid.
One solution is to label them as vexatious litigants and place restrictions on their ability to file lawsuits. This process is known as "muzzling" a nuisance.
They could claim that they are judgment-proof: This means that they have no money or available assets to settle your judgment claim. Therefore, the judgment-proof person can be exempt from collection before the court's judgment or legal proceedings.
Consequences of Ignoring a Lawsuit Once a default judgment is entered, it becomes legally enforceable. That means the plaintiff can start collecting money from you using legal tools such as garnishing your wages, seizing funds from your bank accounts, or placing a lien on your property.
No, you generally cannot go to jail just for being unable to pay a civil debt or judgment, as debtor's prisons are unconstitutional; however, you can face jail time for failing to obey other specific court orders within the lawsuit process, like showing up for a hearing, or for certain debts like unpaid child support or criminal restitution. Ignoring the court process or refusing to pay when you have the ability to do so can lead to a judge issuing warrants for your arrest (body attachment) or other collection actions like wage garnishment, but not jail for the debt itself.
One of the most famously ridiculous lawsuits happened in 1994, when a woman sued McDonald's for spilling hot coffee on her lap. McDonald's attempted to argue that everyone knows coffee is hot, and it was her own fault for spilling coffee all over herself.
The vast majority of lawsuits never reach trial, as they are resolved through legal settlements. A settlement occurs when both parties in a dispute agree to resolve the matter outside of court, often involving financial compensation.
Yes, getting sued is a serious thing. You are out of your comfort zone and you face a professional litigator.