Being Sued in Massachusetts
Being served with a lawsuit is stressful, and the deadlines start running right away. The worst response is to ignore it. Botelho Law Group helps individuals and small businesses across Massachusetts respond to civil lawsuits, protect their rights and resolve the case, whether by negotiation, a defense in court or a counterclaim of their own. Free consultation in English, Portuguese or Spanish.
What to do when you are served
- Do not ignore the papers. Read the summons and complaint carefully and note the date you received them.
- Find the deadline. In most Massachusetts civil cases, you have 20 days after service to file an answer or a motion.
- Gather your documents. Contracts, invoices, emails, texts, photos and anything else related to the dispute.
- Check your insurance. Homeowner’s, auto, business and professional liability policies may require the insurer to defend you, but often only if you give prompt notice.
- Do not contact the other side about the case without advice. Anything you say can be used in the case.
- Talk with a lawyer as soon as possible.
Understanding the papers
| Document | What it tells you |
|---|---|
| Summons | The court, the case number, the parties and the deadline to respond |
| Complaint | The plaintiff’s version of the facts, the legal claims and what they want |
| Exhibits | Contracts, invoices or other documents the plaintiff relies on |
| Tracking order or notice | In some courts, the schedule and deadlines for the case |
| Small claims notice | In small claims cases, the hearing date and place |
The court listed on the papers matters. Small claims, District Court, Superior Court, Housing Court and Land Court cases follow different procedures.
The danger of a default
If you do not respond on time, the plaintiff can ask the court to enter a default. A default judgment can then be entered against you, sometimes for the full amount claimed, without the court ever hearing your side. A judgment can lead to bank account attachments, liens on property and court orders to pay. A default can sometimes be removed, but only with a good reason, a valid defense and prompt action. Responding on time is far easier.
Your options for responding
The answer
An answer responds to each statement in the complaint, admitting, denying or stating that you lack enough information. It also raises your affirmative defenses, such as the statute of limitations, payment, or the plaintiff’s own breach. Defenses that are not raised early can be lost.
A motion to dismiss
In some cases, the complaint can be challenged before answering, for example when it fails to state a legal claim, was filed in the wrong court or was not properly served.
Counterclaims
If you have claims against the plaintiff that arise from the same events, you generally must raise them in this case, or you may lose them. A counterclaim can change the balance of the case and lead to a better settlement.
Third-party claims
If someone else is responsible for what the plaintiff claims, such as a subcontractor or supplier, you may be able to bring that party into the case.
Common defenses
The claim is too late
The claim is too late under the statute of limitations
The amount is wrong
The amount is wrong, or the debt was already paid or settled
The plaintiff breached first
The plaintiff breached first or did not do its part
There was no contract
There was no contract, or its terms do not say what the plaintiff claims
The plaintiff cannot prove its damages
The plaintiff does not have the right to sue
The plaintiff does not have the right to sue, for example on a debt that was sold
Improper service
Improper service or the wrong court
Small claims cases
Small claims cases cover money claims up to $7,000 and move quickly. The defendant must appear at the hearing, or a judgment can be entered by default. Many cases are referred to a mediator on the day of the hearing. A defendant who loses before a clerk-magistrate generally can appeal for a new trial before a judge or jury, within strict deadlines and on certain conditions.
Debt collection lawsuits
Many lawsuits are filed by creditors or debt buyers to collect credit cards, loans or medical bills. These cases are often decided by default because the defendant does not respond. Common defenses include an incorrect balance, the statute of limitations, lack of proof that the plaintiff owns the debt, and violations of debt collection laws. Even when the debt is owed, a response can lead to a manageable payment plan instead of a judgment with interest and costs.
Lawsuits against businesses
A corporation or LLC that is sued generally must be represented by a lawyer in the District Court and Superior Court. The business should also notify its insurers, preserve its records and electronic files, and identify who has knowledge of the dispute. Contracts may require arbitration or limit liability, so we review them right away.
Chapter 93A demand letters
Before many consumer protection lawsuits, the plaintiff must send a Chapter 93A demand letter. A business that receives one has 30 days to respond. A reasonable written settlement offer made within that time can limit the business’s exposure to double or triple damages and attorney’s fees. Ignoring a 93A demand is a serious mistake.
What happens after you respond
After the answer, the case moves into discovery, where each side exchanges documents, answers written questions and may take depositions. Many courts encourage mediation. Either side may file motions, including a motion for summary judgment. Most cases settle before trial. When a case does go to trial, it is heard by a judge or jury.
Preserving evidence
Once you know about a lawsuit, you must keep documents, emails, texts and electronic files that relate to it. Deleting or losing evidence can lead to court sanctions and can damage your defense. Tell employees or family members who have relevant information to keep it too.
Settling a lawsuit
Settlement can save time, cost and stress. A good settlement agreement spells out:
- What will be paid, when and how
- What each side is releasing
- Whether the case will be dismissed, and on what terms
- What happens if a payment is missed
- Whether the terms are confidential
We help you evaluate any offer against the realistic outcome at trial.
If a judgment has already entered
If you learn of a judgment you did not know about, act quickly. Depending on the circumstances, it may be possible to ask the court to vacate the judgment, for example when you were not properly served. If the judgment stands, the creditor may use supplementary process to examine your income and assets, and the court can order payments. We help clients respond and negotiate realistic payment terms.
A typical timeline for a defended case
Every case is different, but a defended civil case often follows this pattern:
Day 0
You are served with the summons and complaint
Within 20 days
The answer, motion to dismiss or counterclaims are filed
Months 1 to 8 or longer
Discovery, including documents, written questions and depositions
During discovery or after
Mediation and settlement talks
After discovery
Motions for summary judgment, when appropriate
Trial
In the District Court, often within about a year or more; in the Superior Court, often longer
Small claims cases are much faster, often resolved at the first hearing.
Thinking about cost
Defending a lawsuit takes time and money, and the cost should be weighed against what is at stake. Early on, we discuss the amount claimed, the strength of the defenses, any insurance coverage, and the likely cost of each stage. Sometimes the right strategy is a strong defense through trial. Other times, it is an early settlement on good terms, or a payment plan that avoids a judgment. You make that decision with a clear picture of the options.
Clients who speak Portuguese or Spanish
Many people and business owners who come to us after being sued speak Portuguese or Spanish, and the court papers are in English. Our team includes fluent Portuguese-speaking and Spanish-speaking staff who work with Attorney Botelho. They help you understand every paper and deadline in your language.
What to bring to your consultation
- The summons, complaint and every paper you received from the court or the plaintiff
- The date and manner you were served
- Contracts, invoices and payment records
- Emails, texts, letters and photos related to the dispute
- Insurance policies that may apply
- A short timeline of what happened
How we help
Free consultation
We review the papers and your deadlines, in English, Portuguese or Spanish, and explain the cost.
A timely response
We prepare and file the answer, motions and any counterclaims.
Insurance
We help you notify insurers that may owe you a defense.
Defense in court
We represent you through discovery, mediation and trial.
Settlement
We negotiate a resolution when it serves your interests.
Related pages
Frequently asked questions
How long do I have to respond to a lawsuit in Massachusetts?
In most civil cases, 20 days after you are served. Small claims cases have a hearing date instead.
What happens if I ignore a lawsuit?
The court can enter a default judgment against you, often for the full amount claimed.
Can I remove a default?
Sometimes, with a good reason, a valid defense and prompt action. It is much easier to respond on time.
Should I call the person who sued me?
Talk with a lawyer first. What you say can be used in the case.
Will my insurance cover the lawsuit?
It may. Many policies require the insurer to defend covered claims, but you must give prompt notice.
Can I sue them back?
If you have claims arising from the same events, you generally must bring them as counterclaims in the same case.
What if the debt is very old?
The statute of limitations may be a defense. Raise it in your answer, or it may be lost.
Do you defend lawsuits anywhere in Massachusetts?
Yes. Botelho Law Group represents clients across Massachusetts.
Can you help in Portuguese or Spanish?
Yes. Our team includes fluent Portuguese-speaking and Spanish-speaking staff who work with Attorney Botelho.
Talk with us about the lawsuit
Tell us when you were served, which court the case is in and what the complaint claims. We will explain your deadlines, your options and the next steps.