Step-by-step guide for the defendant: how to avoid losing the case before it even begins
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You’ve received a complaint—your first instinct is to ignore it. Did you know that this is the most costly mistake you can make?
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How much time do you have to respond—and what happens if you miss the deadline?
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What are the three actions you must take immediately—and the one thing you must never do under any circumstances?
The company director received an envelope with a court notice. He decided to deal with it later—he didn’t have time right then. He put it on his desk. A week later, he remembered it. He opened it—a lawsuit for 35,000 euros, and the deadline to respond had already passed. The court issued a default judgment. The bailiff seized the funds.
This is a real-life situation. And it happens regularly—not because the defendant is at fault, but because they didn’t know how to respond.
Step One: Read the documents immediately
As soon as you receive a notice or a complaint—read it in full on the same day. Determine: who filed the claim, what the amount of the claim is, on what grounds, in which court the claim was filed, and most importantly—what the deadline is for filing a response to the claim.
In a Latvian state court: the deadline for filing a response is usually 20–30 days from receipt. In arbitration: according to the Riga Arbitration Court’s rules, it is generally 14–21 days.
This deadline is not a recommendation. It is a procedural requirement. Miss it, and the court will issue a ruling without your input.
Step Two: Never ignore a complaint
This is an absolute rule. Even if you consider the claim completely unfounded. Even if the plaintiff is clearly in the wrong. Even if the amount seems insignificant.
Consequences of ignoring the claim: a default judgment is issued based on the plaintiff’s materials. Appealing a default judgment is extremely difficult—you must prove a valid reason for missing the deadline. The court officer receives the writ of execution and begins enforcement. It is practically impossible to challenge a judgment that has already been enforced.
Step Three: Determine Whether You Need a Lawyer
Criteria for when a lawyer is necessary: the claim amount is significant (€3,000–5,000), the claim involves complex legal arguments, the plaintiff has a lawyer, you don’t have time to understand the procedural rules, or the case involves contractual relations with an important partner.
When you can proceed without a lawyer: the amount is small, there is clear evidence of no debt (payment receipts are available), or the case is a written proceeding in arbitration where you only need to articulate your position clearly.
Step Four: Gather all documents
Before filing a response to the claim—find and organize all documents related to the dispute: the contract and all its attachments, correspondence with the plaintiff (email, messaging apps, letters), payment documents (payment orders, bank statements), certificates of completion or acceptance, any claims and responses to them, and internal company documents related to the transaction.
For WhatsApp and Telegram correspondence—take screenshots with dates and save them.
Step Five: File a response to the complaint
A response is your official position on the case. It must include: your stance on each of the plaintiff’s claims (whether you admit them in full, in part, or not at all), your objections with legal justification, references to the evidence you are submitting, and—if applicable—counterclaims against the plaintiff.
The style of the response should be restrained and factual. The court responds to evidence and legal arguments—not to emotions and accusations.
A Feature of Arbitration
If the claim is filed with an arbitration court and your contract does not contain an arbitration clause or the clause is invalid—you must state this immediately. An objection to the arbitral tribunal’s jurisdiction must be filed before the merits of the case are considered. If you miss this deadline, the tribunal may deem that you have consented to its jurisdiction.
Three steps you need to take right now
First: explain to everyone in the company who receives mail and notifications that court documents are the top priority. Forward them immediately to the director or legal counsel.
Second: determine who in the company is responsible for legal matters—and make sure that person is aware of this article.
Third: if you currently have unread documents with a court stamp, read them today.
A lawsuit isn’t the end. The end is when you learn about the lawsuit and do nothing.
This article is intended solely for informational purposes and does not constitute legal advice.