Receiving a Writ of Summons can be daunting and stressful experience and responding to it is a critical step in defending yourself in a lawsuit. First things first – what is a Writ of Summons?
According to Thomson Reuters, a Writ of Summons is “a court-issued document used to notify a defendant that a civil lawsuit has been filed against it in a Pennsylvania court of common pleas and that the defendant is required to appear in court“.
To put it simply, a writ of summons is like a bookmark in the court system. Someone is telling you that they have sued you, but have not yet told you for what or why. A lawsuit would typically come with a “Complaint” that has a paragraph-by-paragraph explanation of why you are being sued. A writ of summons does not. It is usually a one or two page document that just has the name(s) of the people suing and the name(s) of the people being sued. Typically, no response is required to a writ of summons. However, there are few things you can do:
Three Common Responses to a Writ of Summons
There are three common responses to a writ of summons in Pennsylvania: (i) do nothing; (ii) reach out to the other side to try to resolve your dispute; or (iii) go on offense and file a notice to plead.
First response to Writ of Summons – Do Nothing
The easiest and cheapest thing you can do in response to a writ of summons is to do nothing. Often these are filed to preserve statutes of limitations (the deadlines to file a lawsuit). Many courts in Pennsylvania hate having those “bookmarks” sitting on their dockets, so they will push them along on their own if they sit too long. That way you don’t have to.
Second response to Writ of Summons – Try to Resolve the Dispute
If you know why you are being sued and by whom, the writ of summons should give you notice that the person is done waiting around and wants to have a court resolve the issue. An obvious approach would be to contact the person directly and ask what they want, and try to negotiate a settlement. If you know who is suing you, you don’t have to call the lawyer and can call them to try to work it out.
However, if you call their lawyer, you should be careful in what you say to the lawyer. Remember, the other side’s lawyer doesn’t represent you, is looking out for their own client’s best interests, and might use what you say against you. A good practice is to call, ask what this is about, ask what they are seeking, and spend most of the time listening. You don’t have to show your cards!
Additional response to Writ of Summons – File a Notice to Plead
If you don’t want to wait, want to go on offense, and want to force the person suing you to explain themselves formally to the court, you can file a notice to plead. For a Pennsylvania form notice to plead – in accordance with 231 Pa. Code Rule 1361 – click here.
From the filing of a notice to plead, the other side will have THIRTY days to file a Complaint. If they don’t, you can then try to get the case against you dismissed. Filing a notice to plead can sometimes get the case thrown out, but most often it will result in expediting litigation. This also means that you will have to respond to their lawsuit.
Call a Lawyer
One of the smarter things you can do in response to a writ of summons is to call a lawyer. This is especially true if the other side has hired their own and already spent the money on filing a lawsuit–even if it is a writ of summons / placeholder–they are already in the process of pursuing their claims. Plus, anything you say to the other side’s lawyer can (and will) be used against you, so it is prudent to have your own representation looking out for your best interests.
A lawyer can also try to act as a middle-man to try to resolve the dispute. Often times people dig their heels in and get emotional about being sued, especially as they spend more and more money. A lawyer can take a practical and reasoned approach to try to resolve the issue before too much money get spent.
Contact Kaminsky Law
Kaminsky Law represents clients from dispute resolution, in mediation or arbitration, or in various courts in litigation–so we have plenty of experience going through the motions, including how to respond to a writ of summons. If there is a writ already filed, that means there is an existing lawsuit but there may not be a Complaint yet. Depending on what approach you want to take, we can alter our strategy to do what is going to hopefully result in the best outcome for you and your dispute.
Reach out today by finding out how we might be able to help by filling out a contact form or giving us a call at 215-876-0800.
