Being served with a lawsuit can be unsettling—especially when you are running a business and already have plenty competing for your attention.

A complaint arrives. There may be discovery requests attached. And suddenly, you are facing court deadlines that may be measured in weeks, not months.

The most important thing to know is this: do not ignore it.

Being served starts the clock on several important deadlines. Missing one can have serious consequences, including the possibility of a default judgment.

If you or your business has been served with a lawsuit in Virginia, here are some of the first things you should consider.

1. Identify Your Deadlines

Start by carefully reviewing everything you received. The papers may include a complaint, summons, and possibly discovery requests such as interrogatories, requests for production, or requests for admission.

In Virginia circuit court, a defendant generally has 21 days after service to file a responsive pleading. Missing that deadline can put you at risk of default.

Discovery may have a different deadline. If discovery was served with the complaint, responses are generally due within 28 days after service. Discovery served later generally must be answered within 21 days.

Calendar these dates immediately. Your attorney will calculate and track the applicable deadlines, but it is wise to have them on your calendar as well.

Also keep the envelope and any documentation showing how and when you were served. The date and manner of service can be important in determining when your deadlines begin to run.

2. Understand Your Options for Responding

Being sued does not necessarily mean your first step is simply to file an Answer. Depending on the allegations and circumstances, several responses may be available.

An Answer responds to the allegations in the complaint by admitting or denying them and asserting applicable defenses. Some defenses—including certain affirmative defenses—can be lost if they are not raised at the appropriate time.

A demurrer challenges whether the complaint states a legally sufficient claim, even assuming the properly pleaded factual allegations are true.

Depending on the case, other options may include challenges to jurisdiction or venue, motions to strike, or pleas in bar.

Courts may also grant extensions in appropriate circumstances, sometimes by agreement of the parties and sometimes by court order. But never assume you have additional time. If an extension is needed, address it early.

3. Remember: A Demurrer Does Not Automatically Stop Discovery

This point deserves special attention.

Filing a demurrer does not, by itself, stay discovery.

That means you could be challenging the legal sufficiency of the lawsuit while simultaneously facing deadlines to answer interrogatories, produce documents, or respond to requests for admission.

If you want discovery paused while a demurrer or other motion is pending, your attorney may need to seek a protective order or stay from the court. Unless and until the court orders otherwise, assume your discovery deadlines remain in effect.

4. Preserve Evidence Immediately

Once litigation begins—or when litigation is reasonably anticipated—you need to take steps to preserve potentially relevant information.

That may include:

• Emails
• Text messages and other electronic communications
• Contracts and amendments
• Invoices and payment records
• Electronic files and databases
• Paper records
• Other electronically stored information

Businesses should identify the employees and agents who may possess relevant information and instruct them to preserve it. Automatic deletion settings may also need to be suspended.

Do not alter, backdate, delete, or destroy potentially relevant materials. Failure to preserve evidence—often referred to as spoliation—can result in serious consequences in litigation.

5. Notify Your Insurance Carrier

Some lawsuits may trigger insurance coverage.

Depending on the nature of the claim, potentially applicable policies might include commercial general liability, professional liability, directors and officers liability, employment practices liability, or cyber coverage.

Review your policies and notify the appropriate insurer promptly. Insurance policies frequently contain notice requirements, and waiting too long can create unnecessary coverage disputes.

Business owners should also alert the appropriate internal personnel, including legal, management, and IT teams, so that preservation and response efforts can begin.

6. Get a Virginia Litigation Attorney Involved Early

The first few weeks of a lawsuit can significantly affect what happens next.

An experienced Virginia litigator can determine the precise response deadline, evaluate whether service was proper, identify the appropriate responsive pleading, and make sure important defenses are preserved.

Counsel can also help manage discovery, protect confidential or sensitive information, seek extensions or stays when appropriate, and begin evaluating the larger strategy for the case.

That strategy should include more than simply responding to the complaint.

Working with counsel, begin identifying the people who have relevant knowledge and gathering contracts, communications, financial records, and other important documents. Developing a timeline early can help your attorney assess potential defenses, counterclaims, settlement options, and the overall risks of litigation.

Be cautious about communicating directly with the opposing party once litigation has begun. Statements made after a lawsuit is filed may become relevant evidence. Before agreeing to anything, signing documents, or discussing the substance of the dispute, consult with your attorney.

A Quick Checklist After You’ve Been Served

If you or your business has just been served in Virginia:

• Identify and calendar the deadline for your responsive pleading.
• Determine whether discovery was served with the complaint and calendar those deadlines separately.
• Preserve potentially relevant documents, communications, and electronically stored information.
• Notify your insurance carrier if coverage may apply.
• Alert the appropriate people within your business.
• Contact a Virginia litigation attorney promptly.
• Avoid substantive communications with the opposing party until you have discussed the case with counsel.

No business owner wants to hear, “You’ve been served.” But receiving a lawsuit does not mean you should panic. It means you need to act.

The early stages of litigation involve important deadlines and strategic decisions. Understanding what was filed, preserving evidence, evaluating your response options, and getting counsel involved early can put you in a much better position to protect yourself and your business.

If you or your company has been served with a lawsuit in Virginia, contact Anthony Coppola to discuss the case, your immediate deadlines, and the best strategy for moving forward.

This article is provided for general informational purposes only and does not constitute legal advice.