Nothing makes a business owner’s stomach drop faster than being served with a lawsuit. Whether you’re a contractor in Noblesville, a tech firm in Fishers, or a restaurant owner in Indianapolis, seeing that stack of official papers can feel like a punch to the gut. Your head is probably spinning with questions, and the first one is usually, “What on earth do I do now?”
First, take a deep breath. A lawsuit is a process, not a final verdict. But it is a process that you must take very seriously, and it starts moving fast. You’re likely feeling blindsided, maybe angry, and worried about what this means for the business you’ve worked so hard to build. We get it.
The good news is that you have options, and the process is manageable when you know the steps. Here’s a no-nonsense guide to what happens next.
What are these documents I was served?
The packet of papers you received likely contains two main things: a “Complaint” and a “Summons.”
Think of the Complaint as the other side’s story. It’s the legal document filed by the person or company suing you (the “Plaintiff”) that lays out their claims. You’ll see sections explaining who they are, who you are, what they claim happened, and what they want from you (usually money). This is where you’ll see the core of the issue, whether it’s a breach of contract dispute, an argument with a former partner, or something more serious.
The Summons is the official notice from the court. It’s a document that tells you that a lawsuit has been filed against you and that you have a specific deadline to respond. This is the document you cannot, under any circumstances, ignore.
What is my deadline to respond?
This is the most time-sensitive part. In Indiana, the rules are very clear. Once you have been served with the lawsuit, you typically have 20 days to file a formal response with the court. If you received the Complaint and Summons by certified mail, that deadline is extended to 23 days from the date on the mailing.
What happens if you miss the deadline? The Plaintiff can ask the court for a “default judgment.” This means you could automatically lose the case and be on the hook for what they’ve asked for, all without ever getting to tell your side of the story.
The good news is that the Indiana Rules of Trial Procedure often allow a defendant (that’s you) to get one automatic 30-day extension of time to respond, as long as you file a simple notice with the court before your original 20-day deadline is up. This is a common first step that gives you and your attorney time to breathe and figure out the best strategy.
What are my options for a response?
You have to respond, but “how” you respond matters. Ignoring it is not an option. Your response is your first chance to defend your business. Generally, you have a few main paths:
- File an “Answer” –This is the most common response. An Answer is a formal document where you go through the Plaintiff’s Complaint, line by line, and either admit, deny, or state that you don’t have enough information to respond to each claim. This is also where you raise “affirmative defenses”—reasons why the Plaintiff shouldn’t win even if their claims are true.
- File a Motion to Dismiss – In some cases, the lawsuit itself might be legally flawed. Maybe the court in Marion County doesn’t have jurisdiction, or the Plaintiff waited too long to file their claim. A Motion to Dismiss asks the court to throw the case out before it even really begins. If you file a motion, your 20-day deadline to file an Answer is postponed until the judge rules on your motion.
- File a Counterclaim – Sometimes, the best defense is a good offense. If the person suing you also wronged your business, you might file a Counterclaim. This is essentially you suing them back within the same lawsuit.
Deciding which path to take depends entirely on the specifics of your case, whether it’s a disagreement over a non-compete agreement or a complex shareholder dispute.
What happens after I respond to the lawsuit?
Filing your Answer or Motion is just the beginning. Once your response is in, the lawsuit moves into a long phase called “discovery.”
This is the part you’ve probably seen on TV. It’s the formal process where both sides gather evidence. This can involve:
- Interrogatories: Written questions the other side must answer under oath.
- Requests for Production: Demands for documents, emails, contracts, and other records.
- Depositions: In-person (or virtual) interviews where lawyers ask questions to witnesses and parties under oath.
This discovery phase can take months or even years, depending on the case. Many business disputes, like 3 common types of business disputes in Indiana, are complicated. Some cases, like those involving accusations of business fraud, require a very detailed discovery process.
Here in central Indiana, many complex commercial cases (like those in Marion and Hamilton Counties) may be handled by Indiana’s Commercial Courts. These are specialized courts designed to handle high-stakes business litigation more efficiently.
Before a case ever goes to a full trial, the court will almost always order the parties to try to resolve the case through mediation. This is a confidential meeting where a neutral third party (the mediator) helps both sides try to find a middle ground and reach a settlement. We find that a large majority of business disputes are resolved this way, saving both sides the time, money, and stress of a trial.
We can help you navigate this
Reading this is a good start, but it’s not a substitute for sitting down with someone who has been through this before. For a quick review of your immediate first steps, you can also see our post on My Indiana business was just sued: What happens next?.
Whether you need a breach of contract attorney in Indianapolis or are facing a partnership dispute in Carmel, the team at Fugate Gangstad Lowe is here to help. We’ve guided hundreds of small business owners in central Indiana through this exact process. We know how to protect your interests and will give you a straightforward, honest assessment of your situation.
Don’t let that stack of papers sit on your desk. Call us today at 317-829-6797 or fill out our online contact form to schedule a consultation. Let us take some of that weight off your shoulders.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice tailored to your situation, please contact our firm directly.