Being served with a lawsuit can leave you unsure of what the papers mean or how much time you have to act. That uncertainty may tempt you to set them aside and hope the dispute ends on its own.
If you ignore a civil lawsuit, the court may enter a default judgment against you. Acting promptly can preserve your defenses and reduce the risk of bank account levies and added expenses.
What it means to ignore a lawsuit
Disregarding a lawsuit often involves failing to take a required action after receiving a summons and complaint. An answer is typically a written response that admits, denies or states that you lack enough information to address the allegations. Instead of responding immediately, a defendant may file a qualifying motion that challenges a legal defect in the complaint.
In Arkansas, you generally must file a written answer or qualifying motion within 30 days after formal service, not counting the day you received the summons. Failure to act within the procedural deadline may result in a default judgment.
If you believe service was defective, ignoring the papers remains risky because a court may disagree. You generally must raise improper service in a motion or responsive pleading.
What may cause a default judgment?
The plaintiff may seek a default judgment if you fail to answer or otherwise defend the case. The court may then establish liability without hearing your account, although the plaintiff may need to prove the amount of damages.
Several failures can give the plaintiff grounds to seek a default judgment. Common reasons include:
- Missing the deadline to answer
- Failing to file a qualifying motion
- Submitting a document that does not meet court requirements
Calling the plaintiff, discussing a private settlement or sending a letter you never filed with the court may not count as a formal appearance or responsive filing. The court generally looks to its record when deciding if you responded.
What you may lose by staying silent
When you do not participate, the judge might never hear facts that could support your position. Your absence can limit several important rights and opportunities.
Your available defenses can be unheard
Your answer can identify legal or factual reasons why the plaintiff cannot hold you liable, including applicable affirmative defenses. If you remain silent, the court may rule before considering those defenses.
The plaintiff’s evidence may go unchallenged
Taking part can allow you to question documents, testimony and other proof offered against you. If you do not participate, the court may consider the plaintiff’s proof without hearing your objections.
You could lose the chance to dispute damages
You may have grounds to challenge how the plaintiff calculated the claimed loss. Without your input, the court can consider the amount using only the information the plaintiff provides.
A practical resolution may become harder to negotiate
Early participation can leave room to discuss payment terms or another settlement. Once the court enters judgment, the plaintiff may have less reason to compromise.
What can happen after a default judgment?
If the court awards money, the plaintiff becomes a judgment creditor and may use post-judgment collection remedies. As a result, ignoring a lawsuit can trigger a cascade of legal consequences. These common instances may follow.
A creditor may garnish your wages
Through this remedy, the plaintiff can collect part of your earnings from each paycheck. If the court issues the required papers, your employer may have to withhold some earnings. State and federal limits may protect a portion of your income.
A levy can restrict your bank funds
A creditor may also pursue funds in your bank account. After receiving valid legal papers, the bank can restrict access to nonexempt money. Certain benefits and other deposits may qualify for protection, but you might need to assert a statutory exemption promptly.
A lien may attach to your property
A money judgment may create a lien against qualifying real property. The lien can complicate a sale or refinancing and may remain until the creditor files a satisfaction or the court releases it.
A judgment can harm your credit
A judgment may appear in certain consumer reports or emerge during a lender’s public-record search. The Consumer Financial Protection Bureau explains that reporting companies generally include lawsuit or judgment information for seven years or until the applicable limitation period expires, whichever is longer. A lender that discovers the judgment may deny an application or offer less favorable terms.
Interest and fees may increase the balance
Interest may accrue after the court enters judgment. Court costs and certain attorney fees can also increase the balance when allowed by law or contract. These added amounts may make the dispute costlier to resolve.
Why ignoring a lawsuit is rarely safe
A plaintiff might fail to complete valid service, or the court might dismiss the case for an unrelated reason. Neither possibility makes silence a sound strategy.
Improper service may support a motion to dismiss or a request to set aside a default, but you usually need to raise that defect through the court. Likewise, you should confirm any dismissal by reviewing an entered order, not by relying on a promise or assuming the plaintiff has lost interest. The possible reward of doing nothing is small compared with the risk of losing before presenting your side.
Speak with a civil litigation attorney about your case
Time often matters after you receive a summons and complaint. A civil litigation attorney can calculate the correct deadline, identify available defenses and make the required court filing. Early advice may also create room to negotiate before a judgment limits your position.
If you have been sued in Arkansas, gather every document you received and note the date of service. Then seek legal guidance to discuss the allegations, urgent deadlines and ways to protect your rights.