5 Liability Tips for Defendants

In this blog, I will discuss 5 liability tips for Defendants facing civil or commercial litigation risks.

The first liability tip is respond in a timely manner to a complaint or lawsuit. One has thirty days to file an answer or otherwise plead in a civil or commercial litigation matter. If an answer goes unfilled, the Plaintiff will file a Motion for Default Judgment. A Motion for Default Judgment can be avoided simply by attending court. If you get a default judgment or otherwise known as ex parte default judgment against you, you have thirty (30) days or less to file a Petition to Vacate the Default Judgment in Illinois. After 30 days, a Petition under 2-1401 may be filed but it is more difficult to be awarded for a Defendant. The key tip is be responsible and respond to your lawsuit or remedy your situation quickly if you fail to show up for court.

The second liability tip is understand whether you have the capacity to handle the matter for youself. Any matter greater than $5,000, probably should be handled by an attorney. In selecting an attorney make sure the attorney has the sufficient level of expertise and is cost-effective. Many civil and commercial litigation attorneys are too expensive and they simply withdraw from legal representation after a few court visits.

The third liability tip is be organized with your documents. This saves you money and enables your attorney to assist you. Ofen times, discovery requests for information is required within 30 days and it is difficult to obtain because Defendant often times has multiple priorities in their life.

The fourth liability tip is be prepared for a counter suit prior to filing
of your lawsuit. Your assets such as your primary residence should be protected against liens and judgments. For example, one of my clients got a $1.6 million judgment against him because he sued his former business partners. Be prepared to be counter sued because it is an effective trial and litigation strategy.

The fifth liability tip is understand whether it is better to fight the lawsuit or complaint or attempt to settle the matter for a percentage of what is owed. Defendants get the best offers when they pay one lump sum to settle a lawsuit. Payment in multiple payments is possible, but it is difficult to settle a case for less than full value with this strategy.

Sean Robertson is a civil and commercial litigation attorney based in downtown Chicago and Naperville, Illinois. Sean Robertson is a member of the Chicago Bar Association, Cook County Bar Association, and Illinois State Bar Association. Sean Robertson can be reached at either (312) 498-6080 or (630) 364-2318.