What Happens After You’re Served with a Lawsuit?

Don’t Panic—But Don’t Ignore It. 

Few things are more unsettling than having a state marshal hand you legal papers or finding a lawsuit delivered to your home or business. Whether the lawsuit involves a debt, a business dispute, a contract, personal injury, landlord-tenant matter, or another legal issue, your response during the first few weeks can significantly affect the outcome of your case. 

At Bellenot & Boufford, LLC, we frequently help individuals and businesses navigate this process. Understanding what happens next can help you protect your rights. 

Step 1: Read the Papers Carefully 

The documents you receive generally include: 

  • A Summons notifying you that a lawsuit has been filed. 
  • A Complaint explaining the claims being made against you. 
  • Other court documents containing important deadlines and procedural information. 

Even if you believe the lawsuit is completely without merit, do not assume it will simply go away. 

Step 2: Pay Attention to Deadlines 

One of the biggest mistakes people make is waiting too long to respond. 

In Connecticut, strict court deadlines apply after service of process. Missing these deadlines can result in: 

  • A default judgment against you. 
  • Loss of important legal defenses. 
  • Wage executions or bank executions. 
  • Judgment liens. 
  • Difficulty opening the judgment later. 

The sooner you consult an attorney, the more options may be available. 

Step 3: Preserve Important Evidence 

Do not throw away documents, emails, text messages, photographs, contracts, invoices, or electronic records related to the dispute. 

These materials may become critical evidence in defending your case. 

Likewise, avoid deleting electronic communications or social media posts that may relate to the lawsuit. 

Step 4: Don’t Contact the Other Side Without Advice 

Many people believe they can simply “explain their side” to the opposing party. 

Unfortunately, statements made after a lawsuit is filed can sometimes be used against you. 

Before communicating with the plaintiff or the plaintiff’s attorney, speak with your own attorney about the best strategy. 

Step 5: Notify Your Insurance Company 

Many lawsuits may be covered by insurance. 

Depending on the nature of the claim, coverage may exist under: 

  • Homeowner’s insurance 
  • Automobile insurance 
  • Commercial general liability insurance 
  • Professional liability insurance 
  • Umbrella insurance 
  • Directors and officers insurance 

Failing to promptly notify your insurance carrier could jeopardize available coverage. 

Step 6: Meet with an Attorney 

An experienced attorney can determine: 

  • Whether the lawsuit has legal merit. 
  • Whether important defenses exist. 
  • Whether the plaintiff followed proper procedures. 
  • Whether insurance coverage is available. 
  • Whether the matter can be resolved through negotiation. 
  • Whether counterclaims should be filed. 
  • The likely costs and risks of litigation. 

Sometimes an early resolution is in everyone’s best interest. In other cases, aggressively defending the lawsuit is the appropriate course. 

What Happens Next? 

Every lawsuit is different, but most civil cases follow a similar path: 

  1. The defendant files an appearance and responsive pleadings. 
  2. The parties exchange documents and information during discovery. 
  3. Depositions and written discovery may occur. 
  4. Motions may be filed asking the court to decide legal issues. 
  5. Settlement discussions or mediation often take place. 
  6. If the case is not resolved, it proceeds to trial. 

Many cases settle before trial, but preparation from the beginning is essential. 

Common Mistakes to Avoid 

If you’ve been served with a lawsuit, avoid these common errors: 

  • Ignoring the lawsuit. 
  • Missing court deadlines. 
  • Posting about the case on social media. 
  • Contacting the opposing party without legal advice. 
  • Destroying documents or electronic records. 
  • Assuming the lawsuit is too minor to matter. 
  • Waiting until after a default judgment has entered before seeking legal help. 
We’re Here to Help 

Being served with a lawsuit can be stressful, but it does not mean you will lose your case. 

Early legal advice often leads to better outcomes, whether through dismissal, negotiation, settlement, or a successful defense at trial. 

If you or your business has been served with a lawsuit anywhere in Connecticut, contact Bellenot & Boufford, LLC as soon as possible. We can explain your options, protect your rights, and guide you through every stage of the litigation process. 

 

Bellenot & Boufford, LLC
Experienced Connecticut Attorneys Serving Individuals and Businesses 

If you have questions about a lawsuit or any other legal matter, we’re here to help. Contact our office to schedule a consultation and discuss your legal options. 

Criminal Record Holding You Back? An Absolute Pardon will change your life!

A Pardon will give you a new lease on life. It will open the door for everything from better employment and education to obtaining various licenses. Better employment and the absence of a criminal record will also improve your credit profile, which can lead to even better employment. The quality of you and your family’s life will improve exponentially.

In Connecticut the Board of Pardons and Paroles can grant an Absolute Pardon, a Certificate of Employability, or a Commutation. We will discuss the Absolute Pardon in this article.

An Absolute Pardon will erase your entire criminal record. When you apply for an Absolute Pardon, your entire criminal history will be considered and erased, if successful. You can apply for an Absolute Pardon 3 years after the disposition of your last Misdemeanor and 5 years after the disposition of your last Felony. However, you cannot be on probation or parole when you apply.

Among the things that the Board will consider are:

  • The impact that the offense has on the victim.
  • Input from the victim and the Prosecutor.
  • The amount of time that has passed since your last involvement with the criminal justice system.
  • Your work history, community service, character references and any other relevant information available.

It is Never too early to work towards a Pardon. If you haven’t reached your 3 or 5 year deadline, there are things you can and should be doing now to best present yourself when the time comes. If you are time eligible, but need to bolster your application, patience and preparation is worth the extra time.

If you are ready to change your life for the better and improve the quality of your family’s life, Bellenot & Boufford LLC is ready to help you live free from the weight of a criminal record. Call 203-304-9050 or e mail Law@BBesq.com for a brighter future.

THE POWER TO PARDON AFTER COVID-19 IS MORE IMPORTANT THAN EVER.

Tens of millions of people have lost their jobs because of Covid-19. More than half of these individuals remain unemployed. Many of those who have found work are earning less than before the pandemic and continue their job search. With so many people competing for so few jobs, employers can be more selective than ever.  It is imperative to do everything you can to increase your chances of being hired.

Employers perform background checks on applicants. A criminal record, even for a misdemeanor, will negatively impact one’s ability to find employment more significantly than almost any other factor. Many people with a criminal record have always found it hard to obtain good employment.  This often contributes to under-employment and a lower credit score.  A lower credit score with a criminal record exponentially compounds the difficulty in obtaining good employment.  Receiving a Pardon will erase your criminal record and eliminate this cycle. This will exponentially improve your chances of being considered for a good job.

If it has been more than three years from your last misdemeanor conviction or five years from your last felony conviction, you can apply for a Pardon. It is never too early to prepare to seek a Pardon. Contact the law offices of Bellenot & Boufford, LLC, even if your last conviction is recent, to learn more about how a Pardon can help you achieve a better and brighter future for you and your family.

Below is a little history of Pardons and the Pardon process in Connecticut.

In the United States, the power to pardon one convicted of a crime is set forth in No. 74 of Federalist Papers — “The President … is also to be authorized to grant “reprieves and pardons for offenses against the United States, except in cases of impeachment.”

The power to pardon was thought to aid the president in bringing control to volatile situations. In 1794 farmers in Pennsylvania revolted against federal taxes assessed against their corn crops in what came to be known as the “Whiskey Rebellion”. President George Washington used the power to pardon for the first time, forgiving the revolting partners and helping to curtail the revolt.

John Adams pardoned soldiers who deserted during the Revolutionary War. Andrew Johnson pardoned confederate soldiers after the Civil War. President Carter granted a pardon to draft dodgers of the Vietnam War.

In Connecticut, the Board of Pardons was founded in 1883. The Governor, with the consent of either house of the General Assembly, appointed five members to the Board. All Board members had to be Connecticut residents. Three members had to be attorneys, one had to be trained or educated in one of the social sciences and one had to be a physician.

In 2004 the Board of Pardons was replaced by the Connecticut Board of Pardons and Paroles, consisting of 13 members appointed by the Governor with the advice and consent of the General Assembly. It should be noted that the Governor appoints the members but has no direct involvement with granting or denying a pardon. The Board’s powers to pardon are restricted to Connecticut felony or misdemeanor convictions. It may not pardon a federal or foreign state conviction.

There are two types of Pardons in Connecticut:

  1. The Expungement / Absolute Pardon erases your criminal record as if it never existed.
  2. The Provisional Pardon / Certificate of Employability does not erase one’s criminal record. It is a Connecticut State document that certifies that one should not be prevented from getting a job or, with a few exceptions, a professional or occupational license.

While one is not eligible for a pardon until 3 years after the last misdemeanor conviction or 5 years after the last felony conviction, it is never too early to start preparing. Being proactive during the 3-5-year period can make all the difference in convincing the Board to grant a pardon. What you do and how you do it makes a difference. Making positive contributions to the community by volunteering can help. Furthering your education and maintaining employment are among the many important factors that the Board considers.

Working with Bellenot & Boufford, LLC to put a plan in action is invaluable. The Pardons process is comprehensive. The application must be complete and accurate.  While no attorney can guarantee success, the attorneys at Bellenot & Boufford, LLC can help you begin the process and give you the best chance of convincing the board to grant you a pardon.

Minor Situations That Become Major Legal Issues For Parents & Children

It can never happen to my child. That is what all of us parents believe. But all too often even the most innocent children face legal issues that can change the course of their lives.

Peer Pressure & Fear Lead To Possession Charges

He is barely 17: Never missed a school assignment and all work is high quality; strong commitment to education; excellent time management; excellent participation; creative; principled; caring; outgoing, passionate and dedicated; charismatic and charming; works hard and possesses excellent leadership skills. The accolades go on and on from teachers, coaches, employers and others. He was captain of his football team and has volunteered in the community for years. A parent couldn’t be more proud. He has never been in trouble one day in his life.

Then he is invited to a “get together” at a friend’s home. Then he is confronted in his car by police. Then he sits in jail waiting for his parents. Now he is facing multiple charges including DUI, possession of alcohol by a minor and possession of marijuana. He will lose his license, have issues at school and could end up with a criminal record. His parents must hire an attorney – fast.

What Happened?

He was afraid to offend his friends so he stayed at the house and did things he knew he should not be doing . Things he did not want to do. He was afraid his parents would be upset and disappointed so he didn’t call for help or a ride.

Take Action Today!

You must talk with your children. You must have Zero tolerance for use of alcohol and drugs. But if, God forbid, your child ends up at the wrong place and / or in the wrong situation, they must not be afraid to call for help. Prepare a plan to help your child leave a bad situation without fear.

Our office receives numerous calls from distressed parents who tell us that, the day before, they would have bet their home that this would never happen. Everyday a good teenager finds himself or herself in trouble. They are still good kids, but now they have to find a way to protect their future. Protect your child with :

  • Knowledge
  • A plan to avoid or leave a bad situation without incident
  • The understanding that your child can call you anytime for any reason
  • The understanding that your child should not talk to anyone without you being present.
  • The understanding that your child has the right (And Should Use The Right) to have an attorney present when being questioned.
  • Your child should never talk with anyone – police, school officials or anyone – without you and or an attorney.

COLLEGE STUDENTS & PARENTS BE SAFE STAY AWAY FROM TROUBLE PART TWO

Preventing Students from Becoming a Victim of Crime

  • Pay attention to advice given at orientation. Most, if not all schools will identify safety procedures in place.
  • Never be alone. Travel about campus, and off campus, with other trusted students/persons.
  • Students under 21 shouldn’t be drinking alcohol or taking drugs. Intoxication can make a student an easy target. It may also lead the student to make poor judgements that others will take quick advantage of.
  • Do NOT get into a car or accept a ride with anyone you do not know. Verify the identity of the driver for any commercial car service you call. Again, it is best to travel with others.
  • Let someone know where you are going and expect to return.
  • Don’t participate in any hazing ritual.
  • If you attend a party or function, leave the moment you notice dangerous or illegal behavior.
  • Never have sexual contact with anyone who is intoxicated or high. Never have sexual contact when you are intoxicated or high. NO means NO. YES can also mean NO when someone is under the influence of drugs or alcohol. Police and prosecutors will always take the position that a person under the influence is not capable of giving voluntary, informed consent.
  • Have a plan to avoid or leave a bad situation without incident.
  • Students – never be afraid to ask for help, especially from your parents.
  • Parents – let your child know it is all right to call, no matter what.

Yes – This Can Happen To Your Child