What do you do if you are sued?

If you are being sued in small claims, you may

Negotiate a settlement; mediate the dispute
Defend your side of the case in court;
File a countersuit;
Claim the summons was not served properly;
Ignore the complaint;
Participate in a Resolution Conference.

Attempt to Negotiate a Settlement
Both parties in a dispute have the option of negotiating a settlement prior to going to court. You may attempt to negotiate on your own or seek the assistance of a mediator. There are many advantages to mediation. For more information, see Mediation.

File a Notice of Intention to Defend
If you choose to defend yourself, you must file the Notice of Intention to Defend, appearing on the bottom half of the summons. The Notice should be cut at the perforated line and returned to the court address listed at the top of the summons. The Notice of Intention to Defend includes space for you to explain why you should not be required to pay the money the plaintiff claims you owe. You should be prepared to defend this (and other reasons) in court during the trial. Make sure you bring your exhibits and evidence.
Defendants have 15 days from the date that they receive the summons to file this notice with the court (out-of-state defendants and those with resident agents have 60 days to file the notice). By filing the notice found at the bottom of the summons, the defendant is letting the court know that he or she plans to argue that the plaintiff is not entitled to the damages being claimed.

File a Countersuit
You may respond to a lawsuit by filing one of your own. If filed in the same action, what would otherwise be called the defendant’s complaint is called a “counterclaim.” 

A counterclaim is basically a defendant’s way of saying “I don’t owe you money. You owe me money.” You must be able to prove that your claim is right and that the plaintiff's claim is not.

Claim the notification was not served legally
A summons or complaint must be legally served. Defendants may claim they were not properly served with the Complaint and Summons in one of two ways: (1) by filing a pre-trial request that the case be dismissed for improper service; or (2) by making the argument at the trial. In either case, the trial is postponed, and the plaintiff may have to re-serve a new summons.

If you do not respond to the complaint
A judgment may be entered against you. You will received a notice with the date, judgment amount and any additional costs. If the plaintiff did not submit satisfactory evidence, the judge may set a new trial date.

Resolution Conference (Montgomery and Prince George's Counties only)
For information on resolution conferences, please see Resolution Conference.