Leading a lawsuit is unfamiliar territory for many individuals. You receive a summons or petition and suddenly find yourself facing a judge. Precisely because this is often new, people make many mistakes that diminish their chances of success. In this article, we discuss the most common pitfalls in lawsuits and how you can avoid them.
1. Ignoring the summons or petition
One of the biggest mistakes is ignoring the court’s call. Some people think that “it’s not that bad” or hope that it will go away on its own.
👉 Consequence: the judge grants the claim by default. You automatically lose and usually also have to pay the legal costs.
2. Responding too late
The court works with strict deadlines. If you do not respond in time with a defense or do not appear at the hearing, you could miss your chance.
👉 Tip: immediately note the date and deadline stated in the summons or letter from the court.
3. Conducting proceedings yourself in complex cases
In some cases you are allowed to conduct proceedings yourself at the district court, but that doesn’t mean it’s wise.
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Without legal knowledge, you often miss the right arguments.
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The other party usually does have a lawyer.
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A small mistake can lead to the loss of the entire case.
4. Not collecting evidence
The judge decides based on facts and proof, not just stories. Many individuals submit insufficient documents or witnesses.
Examples of evidence:
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Bank statements
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Contracts or employment agreements
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Correspondence (emails, letters, WhatsApp messages)
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Witness statements
5. Reacting too emotionally
A lawsuit is stressful, especially when it’s about money, housing, or work. Nevertheless, it is important to stay professional.
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Too much emotion can damage your credibility.
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The judge wants to hear facts and arguments, not accusations or personal attacks.
6. Forgetting that legal costs also count
Many people only think about their own costs, but if you lose, you often have to pay the legal costs of the opposing party as well. This can mean an extra few hundred to thousands euros.
7. Not seeking legal help
Many individuals wait too long to hire a lawyer. A lawyer can:
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Assess whether the claim is justified,
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Draw up a strong defense,
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Negotiate with the other party to reach a settlement.
👉 Without help, there is a high chance that you will lose unnecessarily.
Examples from practice
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Example 1 (rent): A tenant ignored a summons to eviction. A default judgment followed, and the tenant had to leave the property. This could have been prevented with timely defense.
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Example 2 (employment): An employee filed a defense themselves, but forgot important evidence. The judge dismissed the claim.
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Example 3 (collection): An individual lost a collection procedure and had to pay not only the principal, but also over € 1,000 in legal costs.
Checklist: how to prevent mistakes in a lawsuit
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📄 Read the summons or petition carefully.
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⏳ Always respond within the specified period.
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⚖️ Engage a lawyer in time.
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📑 Collect all relevant evidence.
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📝 Keep your tone businesslike and factual.
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💶 Take into account the risks of legal costs.
Frequently Asked Questions (FAQ)
1. What happens if I ignore a lawsuit?
Then you will almost certainly get a default judgment: you automatically lose.
2. Do I always need a lawyer?
Not always required, but often wise. Especially in complex cases or for high amounts.
3. How do I avoid high costs?
By defending in time, presenting viable arguments, and negotiating a settlement if possible.
4. What if I don’t have evidence?
Without evidence, a case is often hopeless. A lawyer can brainstorm with you about alternative ways of proof.
5. Can I correct mistakes later?
Sometimes through resistance or appeal, but this is harder and more expensive than getting it right at the first attempt.
Why choose Arslan Lawyers?
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Years of experience with defense in lawsuits for individuals
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Prevent clients from making expensive mistakes
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Transparent explanation and guidance at every step
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Regularly achieve successful outcomes due to strong strategy
Conclusion
Common mistakes in lawsuits can have major consequences. By responding in time, collecting evidence, and enlisting legal help, you can prevent unnecessary losses. Proper preparation makes the difference between winning and losing.
