You've been served: your clock, and what to hand counsel

A one-page checklist for a served federal signal-piracy lawsuit (47 U.S.C. §§553/605)

A summons and complaint mean a federal case already exists, on a short, fixed clock. The right moves are narrow: confirm the deadline on your own papers, retain defense counsel before that deadline, preserve your records, and hand counsel the case. This sheet does not help you defend the suit yourself — a filed federal case is not a do-it-yourself document.

  1. 1Confirm what you're holding. A court name, a case number, or a deadline to respond to a court — if any is present, treat it as a filed lawsuit; this sheet applies. None present = a pre-suit demand letter, a different document with more time; use the demand-letter response page instead.
  2. 2Read the deadline off your own summons — today. A federal answer is commonly due 21 days after service (FRCP 12(a)(1)(A)(i)), but the date that governs you is the one on your papers: a statute or the court can set another, and a waived-service case commonly runs 60 days from when the waiver request was sent. Missing it risks entry of default (FRCP 55(a)) and, from there, a default judgment entered without your side being heard.
  3. 3Retain counsel who defends these cases — now. An LLC or corporation cannot appear pro se in federal court: a company appears only through a licensed attorney (28 U.S.C. §1654; Rowland v. California Men's Colony, 506 U.S. 194 (1993)). Look for §§553/605 or commercial-broadcast defense experience, admitted in the district named on your summons; ask how many broadcast cases they've handled, whether they can act before your deadline, and how they charge.
  4. 4Preserve everything; notify your insurer in writing. No deletions, no "cleanup" — destroying records on notice of a suit is spoliation, a separate and worse problem. Ask your insurer or broker whether any policy may respond.
  5. 5Assemble the packet below and hand counsel the case. From a served complaint forward, communication with the other side — and every filing — is your attorney's to manage.

What to hand counsel — the packet

  • The complete court papers — every page of the summons and complaint, plus anything showing when and how you were served (the service date drives the deadline).
  • Account and provider records — how the event reached your screens (satellite, cable, internet app) and on what account (residential or commercial); bills, contracts, correspondence.
  • The event and date — which broadcast or fight is named, and when it was shown.
  • Any investigator or audit materials — photos, affidavits, letters documenting the showing.
  • Your insurance policies — with the written notice you sent.

Do not

  • Ignore it. The deadline does not pause; silence is what produces defaults.
  • Call the plaintiff's lawyer to explain or argue alone. Statements become part of the record.
  • Delete, discard, or alter any records. Spoliation is its own problem.
  • Draft your own answer or motion from a template. That is exactly the work counsel exists for.

Default already entered? Not necessarily the end: a court may set aside an entry of default for good cause, and a final default judgment under the applicable rule (FRCP 55(c)) — whether that relief is available on your facts is a question for an attorney, immediately.