Much confusion and uncertainty arises upon being served legal documents. Unfortunately, a common reaction to receiving a Summons and Complaint is akin to the stages of grief.
First, one who receives the documents experiences some denial that they can be sued. This person goes around telling their friends that the person suing them has no case and they will prevail outright. Second, and often indistinguishable in time to the first, is anger. The idea of being sued is daunting and can trigger instinctual reactions of fear and retribution. This can have drastic consequences if left unchecked. The third stage is bargaining After a cooling off period the defendant may begin to regain composure and decide they can bargain their way out of the lawsuit. They tend to follow this reasoning, “I can talk to the Plaintiff and we will work it out without getting the law involved.” This is a terrible idea because it often results in inadvertent admissions to material facts of the case. After bargaining fails, a general malaise or depression may set in when the Defendant finally realizes the magnitude of his or her situation and what is at stake. Then, the Defendant finally begins to accept their lot. This is the point, usually only a day or two before a court appearance or deadline to file an answer, that a defendant begins seeking an attorney to represent them.
While these reactions are understandable, dwelling upon them can have adverse effects on a person’s chances of achieving a satisfactory result. According to the South Carolina Rules of Civil Procedure, Rule 12(a) a person has 30 days to answer after they are served. ***If you fail to Answer the consequences may be that all of the allegations against you are accepted by the Court as true.***
Don’t let this happen to you. As soon as you receive service of a Summons and Complaint contact an attorney. The longer you wait the more your case may be in jeopardy.