Feeling Lazy? The Risks of Ignoring a Summons and Complaint in Minnesota Litigation

Matthew Schaap | May 17, 2024 | Litigation

When you find yourself named as a defendant in a civil lawsuit, the steps you take—or fail to take—can significantly influence the outcome of the case. Understanding the consequences of ignoring legal notices is crucial. One common result of inaction is a "default judgment," which could have lasting impacts on your financial and legal standing.

What is a Default Judgment?

In Minnesota Courts, a default judgment occurs when a defendant does not respond to a lawsuit, and thus, fails to appear in court. Minn. R. Civ. P. 55.01 applies. In such cases, the judge is likely to ensure that the defendant was properly served with all legal documents, including the summons and complaint, notifying them of the time, date, and location of the trial. See Minn. R. Civ. P. 4.03. If these conditions are met and the defendant still does not respond, the court may grant a default judgment in favor of the plaintiff.

The Process Leading to a Default Judgment

Once it is established that you have been properly served and choose not to defend yourself, the plaintiff will have the opportunity to present their case. This includes summarizing the facts, laying out the evidence, and justifying the claimed damages. Since the defendant is not present to dispute these claims, the court typically rules in favor of the plaintiff based on the information provided.

Consequences of a Default Judgment

The implications of a default judgment are severe and similar to losing a case after a full trial. The plaintiff can enforce the judgment and collect damages from the defendant as permitted by law. This could include wage garnishment, seizing assets, or placing liens on property. Furthermore, a default judgment can severely damage your credit rating and limit your future financial opportunities.

Why You Should Respond to a Summons and Complaint

Choosing to ignore a lawsuit won't make it disappear. Instead, responding appropriately can provide you with opportunities to negotiate, settle, or fully contest the charges in court. Legal representation is crucial in these situations, as an experienced attorney can guide you through the complexities of civil litigation and help protect your interests.

How Our Attorneys Can Help

If you have been served with a summons and complaint, or if you're worried about a potential default judgment, our team of seasoned litigation attorneys is here to assist. We specialize in various areas of civil litigation in Minnesota, including contract law, bankruptcy, and probate issues. Our goal is to provide you with thoughtful legal advice and robust representation during challenging times.

Conclusion

Facing a civil lawsuit is a serious matter that requires immediate attention. Ignoring legal documents does not eliminate the problem but rather exacerbates it and can potentially lead to a default judgment. If you find yourself in such a predicament, seek legal counsel promptly to discuss your options and formulate a strategy that best protects your rights and interests.

For more information or to schedule a consultation, contact our law firm today.