Frequently Asked Questions

Q1. I just received court papers—what should I do first?
A. Don’t ignore them. Note the deadline to respond (often 20–35 days depending on the court/rules), preserve relevant documents, and contact counsel immediately to evaluate defenses and strategy. This aligns with the step-by-step guidance in your article on navigating service, pleadings, discovery, and settlement in NY & NJ.

Q2. What does “service of process” mean and why does it matter?
A. It’s the formal delivery of the lawsuit. If service wasn’t done correctly, you may be able to challenge jurisdiction or buy time—but don’t rely on this without counsel; courts can allow re-service.

Q3. Do I need to notify my insurance carrier?
A. Usually yes—and fast. Many CGL, D&O, or E&O policies require timely notice. Late notice can jeopardize coverage for defense costs and settlements.

Q4. What happens after we file an answer or motion to dismiss?
A. The case typically moves into discovery (document exchange, depositions), motion practice, and potential settlement talks—your article highlights these phases for NY & NJ matters.

Q5. Can we get the case thrown out early?
A. Sometimes. If the complaint is legally defective, a motion to dismiss may narrow or end the case. Even if not dismissed, it can shape the dispute and settlement posture.

Q6. Should we counter-sue?
A. Only if you have viable counterclaims that advance strategy (e.g., contract breaches, misrepresentation). We often evaluate counters alongside defenses to determine leverage.

Q7. How expensive is discovery?
A. It can be the costliest phase. Early scoping and ESI protocols help control spend; targeted requests and proportionality arguments can reduce burden.

Q8. What if the plaintiff is in New York but my business is in New Jersey?
A. Venue and personal jurisdiction issues may allow you to challenge where the case proceeds—this is common for cross-river disputes between NY and NJ.

Q9. When should we consider settlement?
A. Any time—especially after early motion rulings or key depositions clarify risk. Your guide notes settlement is a standard fork in both NY & NJ litigation paths. Squarespace-Wordpress-Export-10…

Q10. How do I keep this from disrupting operations?
A. Assign an internal point person, establish a document hold, and coordinate communications. We handle filings/strategy so you can stay focused on the business.