You've been served. You have a deadline. In most states you have 20-30 days from the date of service to file a legal response (called an "Answer"). If you miss this deadline, the court can enter a default judgment against you — meaning you automatically lose. Call a litigation attorney today. Do not contact the plaintiff. Do not try to negotiate directly. Get counsel first.

The first 48 hours after being served

  1. Read the complaint carefully. Note the court, the case number, and the response deadline. Write it down. Set a reminder.
  2. Call a litigation attorney immediately. Even if you plan to settle quickly, you need legal representation to protect your rights from day one.
  3. Issue a litigation hold. Tell your team to stop deleting any emails, documents, or communications that could be related to the dispute. Destroying relevant evidence — even unintentionally — can result in serious sanctions.
  4. Do not contact the other side. Anything you say can and will be used against you. Let your attorney communicate on your behalf.
  5. Gather documents. Contracts, invoices, emails, communications, and any records related to the dispute. Your attorney will need these immediately.
  6. Notify your insurer. Many business liability policies cover commercial litigation. Check your policy and notify your insurer promptly — failure to give timely notice can void coverage.

Types of commercial litigation your business might face

Commercial litigation covers a wide range of business disputes. The most common:

  • Breach of contract — someone claims you failed to deliver what you promised in a contract
  • Business partner or shareholder disputes — co-owners disagree over company direction, profits, or management
  • Employment claims — wrongful termination, discrimination, wage and hour violations. See also: Employment Law (Employer)
  • Fraud or misrepresentation — claims that you misled the other party in a transaction
  • IP disputes — trademark infringement, copyright claims, trade secret theft. See also: IP & Trademarks
  • Debt collection defense — creditors suing for unpaid balances
  • Professional liability / malpractice — claims that you provided negligent professional services
  • Real estate disputes — commercial lease disputes, property damage, construction defects
  • Class action defense — consumer or employee class actions against your business

How commercial litigation actually unfolds

  • Service of ProcessYou receive the complaint and summons. Your response deadline clock begins. Typical deadline: 20-30 days.
  • Answer or Motion to DismissYour attorney files a formal response — either an Answer (admitting or denying each allegation) or a Motion to Dismiss (arguing the case should be thrown out on legal grounds). A counterclaim can be filed here.
  • DiscoveryBoth sides exchange documents, answer written questions (interrogatories), and conduct depositions. This is the most time-consuming and expensive phase — and where most cases are won or lost. Typically 6-18 months.
  • Motions PracticeAttorneys file motions to limit evidence, exclude expert witnesses, or seek summary judgment (win the case without going to trial by proving no genuine factual dispute exists).
  • Settlement NegotiationsThe vast majority of cases settle during or after discovery, when both sides have seen the evidence. Mediation is often required before trial.
  • TrialOnly about 3-5% of civil cases reach trial. Trial can last days to weeks. Judge or jury decides. Verdict can be appealed.

How much does commercial litigation defense cost?

Litigation is expensive — this is a fact both sides have to reckon with:

Stage / ScenarioTypical Attorney Cost
Answer filed, early settlement achieved$5,000 – $20,000
Through discovery, settled before trial$25,000 – $100,000
Through trial (contested commercial dispute)$75,000 – $350,000+
Complex commercial case (fraud, class action)$200,000 – $1,000,000+
Hourly rate (commercial litigator, major city)$300 – $700/hour
Hourly rate (commercial litigator, smaller market)$200 – $400/hour

This is why early settlement analysis is critical. A good litigator tells you on day one what the case is likely worth, what your realistic defenses are, and whether the economics of fighting make sense. Sometimes paying a reasonable settlement early costs far less than winning at trial.

Find a commercial litigation attorney in your city

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Related legal needs

Business Contracts

Most commercial lawsuits start with a contract dispute. Prevention starts here.

Employment Law (Employer)

Employment claims are the most common lawsuits small businesses face.

IP & Trademarks

IP disputes can involve injunctions and significant damages.

Business Formation

Proper formation limits your personal exposure in business lawsuits.

Frequently asked questions

What do I do if my business gets served with a lawsuit?

Call a litigation attorney immediately. You typically have 20-30 days to file an Answer after being served — missing this deadline results in a default judgment against you, meaning you automatically lose. Do not contact the plaintiff directly. Do not discuss the case with employees or partners beyond what's necessary. Preserve all relevant documents and emails. Your attorney will handle everything else.

How long does commercial litigation take?

Most commercial cases resolve before trial, through settlement, mediation, or dismissal. If a case does go to trial, expect 12-36 months in state court and 2-4 years in federal court. About 97% of civil cases settle before trial. Your litigation attorney's job is to evaluate early whether settlement makes economic sense compared to the cost and risk of continuing.

How much does business litigation defense cost?

Commercial litigation is expensive. A straightforward case through trial typically costs $75,000-250,000 in attorney's fees. Smaller disputes resolved early can cost $10,000-50,000. Large commercial cases can reach $500,000-1,000,000+. This is why early settlement analysis is critical — the cost of defense sometimes exceeds the claim itself.

Can I countersue the other party?

Yes — a counterclaim filed with your Answer allows you to assert claims against the plaintiff in the same lawsuit. This can be a powerful defense strategy and a negotiating tool. Your litigation attorney evaluates whether counterclaims are warranted based on the facts of the dispute.

What is a litigation hold and why does it matter?

When litigation is reasonably anticipated, you are legally required to stop deleting or destroying documents that could be relevant — even under a normal document retention policy. Failing to preserve evidence (called "spoliation") can result in sanctions, adverse jury instructions, or case dismissal. Your attorney will issue a litigation hold notice to your team as soon as a dispute becomes likely.