By Ali Latif, Esq. | Latif Law, LLC | Columbus, Ohio
Being served with a lawsuit is unsettling — especially when you are running a business. The first instinct for many business owners is to ignore it, wait to see what happens, or respond by calling the other party directly. All three of these reactions can be catastrophic. This guide explains what to do immediately.
The 28-Day Deadline
In Ohio state courts, including Franklin County Common Pleas Court, you have 28 days from the date of service to file a written response (called an "Answer") with the court. In federal court, the standard deadline is 21 days.
Missing this deadline does not mean the lawsuit goes away. It means the plaintiff can file for a default judgment — a court order granting them everything they asked for in the complaint, without any hearing on the merits. Default judgments can be used to garnish your business bank accounts, seize assets, and place liens on property.
Step 1: Identify the Date of Service
The clock starts on the date you were served — not the date you read the papers, not the date you decided to take it seriously. If papers were left with a person at your business address (this counts as proper service in Ohio), that date controls. Check the complaint and any summons for the service date.
Step 2: Read the Complaint Carefully
The complaint is the document setting out the plaintiff's claims. Read it carefully to understand:
Step 3: Do Not Contact the Other Party
Do not call the person who sued you, email them, or attempt to resolve it informally without attorney guidance. Anything you say can be used against you. Do not discuss the lawsuit on social media. If the other party is represented by counsel, direct communications between you (an unrepresented party) and their attorney may create problems.
Step 4: Preserve All Relevant Documents
Immediately preserve every document related to the dispute — contracts, invoices, emails, texts, payment records, receipts, estimates, photographs, and communications. Do not delete anything, even if you think it is unfavorable. Destroying evidence after litigation begins is spoliation, which carries serious legal consequences including adverse jury instructions and sanctions.
Litigation hold: notify your team not to delete any communications related to the matter.
Step 5: Check Your Insurance Coverage
Many business liability claims are covered by commercial general liability (CGL) insurance. Review your policy and notify your insurer of the lawsuit immediately. Many policies require prompt notification. If coverage applies, your insurer may have a duty to defend you and provide counsel at their expense. Missing the notification requirement can void coverage.
Step 6: Contact a Business Litigation Attorney
Given the 28-day deadline, this needs to happen within the first few days. Learn more about our business litigation representation in Columbus and what to expect when defending your company in Ohio court. An attorney will:
What Goes in the Answer?
An Answer responds to each numbered paragraph of the complaint, admitting, denying, or stating insufficient knowledge. It also asserts affirmative defenses — legal arguments that can defeat or limit the claim even if the plaintiff's facts are true (examples: statute of limitations, accord and satisfaction, comparative fault, failure to mitigate). Missing an affirmative defense in the Answer can waive it.
Can the Case Be Settled After Being Served?
Yes. The vast majority of business disputes — even after a lawsuit is filed — resolve through negotiation or mediation before trial. Filing an Answer preserves your rights and opens the door to settlement discussions. It does not mean the case will go to trial.
Small Claims Court
If the amount in dispute is $6,000 or less, the case may be in Ohio Small Claims Court, where the deadline and procedures are somewhat different and attorney representation is optional (though still helpful).
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This article is for general informational purposes only and does not constitute legal advice. Litigation deadlines are strict and consequences for missing them are severe. Reading this article does not create an attorney-client relationship with Latif Law, LLC. If you have been served with a lawsuit, consult a qualified Ohio attorney immediately.