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What to Do After Your Business Is Served With a Lawsuit

·

By

ACL

The short answer

When your business is served with a lawsuit, the clock starts immediately. In Illinois state court, a defendant generally must file an appearance and answer or other response within 30 days after service. In federal court, the usual deadline is 21 days. Missing it can lead to a default judgment.

Why it matters

The first few weeks shape the whole case: whether insurance pays for the defense, whether evidence is preserved, and whether early defenses are raised or lost.

Where it fits in your case

The day the summons and complaint are delivered to the business or its registered agent.

What to expect

  • Calendar the deadline. Count from the date of service, not the date someone at the company noticed the papers.

  • A business needs a lawyer. In most Illinois courts, a corporation or LLC cannot appear through an owner or employee who is not a lawyer.

  • Insurance comes first. Notifying every potentially applicable insurer right away can mean the insurer pays for the defense.

  • Early defenses. Some defenses, such as objections to personal jurisdiction, can be waived if not raised at the start.

  • Preserve evidence. The duty to keep relevant documents and data is already in place once a suit is filed.

What to do now

  • Note the date and manner of service.

  • Send the complaint to your insurers and broker the same day.

  • Issue a litigation hold to anyone who may have relevant records.

  • Contact counsel well before the response deadline.

What we need from you

The summons and complaint, the date and method of service, your insurance policies, and any contracts with the plaintiff.

Common misconceptions

  • “We have 30 days, so there’s no rush.” Insurance notice, evidence preservation, and early defenses all benefit from acting now.

  • “The owner can respond for the company.” A business usually needs a lawyer to appear in court.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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