Filing a Lawsuit in Hueytown, Alabama
If you live in
If you're considering filing a lawsuit, there are numerous things you need to consider, and it is not a decision to be made lightly. You should not file a lawsuit without seeking the advice of a Hueytown, Alabama civil litigation attorney first.
Once you retain a Hueytown, Alabama litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Additionally, your lawyer can inform you on what a lawsuit is likely to cost, both in time and money. Obviously, your lawyer has some control over what it will cost you, based on their fees, and whether they bill an hourly rate, or charge on a contingency rate.
Steps for Filing a Lawsuit in Hueytown, Alabama
Consultation with your attorney: Before you continue in any legal action in Hueytown, Alabama, you should speak with a brilliant local attorney in Hueytown, Alabama. Your legal counsel can make sure you have the best possible chance of winning your case, and help you decide if you should file your lawsuit in the first place.
Drafting the complaint: In Hueytown, Alabama, once you have decided to file a lawsuit, the first thing you normally have to do is draft a complaint. The complaint is a document that contains all of the allegations you're making against the defendant (the person whom you are suing). It normally must allege all of the facts necessary to constitute a cause of action, though in some systems, very few facts are strictly required to be alleged. It also usually has, at the end, a "prayer" (request) for relief. This final section tells the court what type of relief the plaintiff wants, should the court rule in the plaintiff's favor.
Serving The Defendant: After you draft your complaint, and file it with the court, you have to let the defendant know that they're being sued. The law of Hueytown, Alabama requires that the defendant be given advance notice of the lawsuit as a matter of basic fairness: if you were being sued, you'd want to be given time to find a lawyer and prepare your defense strategy, right? So, with that in mind, the law prefers that defendants be served personally, typically through the use of a paid process server.
Await the Response: The defendant in Hueytown, Alabama has an opportunity to respond to the allegations against them. They have many options in how they respond to a lawsuit. They can move to dismiss the case (arguing that, even if everything the complaint alleges is true, they would still not be liable for anything), or they can file with the court, and serve upon the plaintiff an answer. An answer is a point-by-point disposal of every allegation against the defendant. The defendant can admit the allegations, deny them, or claim that they do not have enough information to admit or deny them (which basically operates as a denial). Normally, the defendant will admit the inconsequential allegations, so they don't have to be litigated (if the lawsuit is about a car accident involving the plaintiff and defendant, they'll probably go ahead and admit that the accident took place), but deny any allegation that could establish liability, if true (they'll deny responsibility for the car accident, for example). If the defendant does not respond by the deadline, they will have a default judgment entered against them, and automatically lose the case.
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The basic outline above does not come close to covering all the details involved in filing a lawsuit in Hueytown, Alabama.
Therefore, if you want to file a lawsuit against someone in Hueytown, Alabama, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.