Filing a Lawsuit in Memphis, Tennessee
If you are a resident of Memphis, Tennessee and believe that somebody has committed a legal wrong against you, and have determined that the effort and expense involved in seeking payment is worth it, you may consider filing a lawsuit.
If you think that you may want to file a lawsuit, you should not make this decision easily, and there are a lot of factors that need to be taken into account. Obviously, you should never go into a lawsuit without at least consulting a reliable Memphis, Tennessee civil litigation attorney.
The Memphis, Tennessee attorney you end up contacting will be able to advise you on whether you have a good case. If you do, they will further advise you on your best options on how to proceed. Your lawyer can also inform you about what their fees are, and if they have multiple payment options.
Steps for Filing a Lawsuit in Memphis, Tennessee
Consultation with your attorney: Before you proceed with any legal action in Memphis, Tennessee, you should seek the advice and counsel of a seasoned Memphis, Tennessee attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting The Complaint: In Memphis, Tennessee, the initial step to filing a lawsuit, once you've actually decided to do so (in consultation with your attorney), is writing a complaint. A complaint is simply a list of facts that you allege against the defendant. A court must look at these allegations and decide if they add up to a legitimate cause of action, assuming they're true. If they do not add up to a cause of action, the case may be dismissed. The complaint also normally ask the court to provide specific relief, should it rule in the plaintiff's favor.
Serving the Defendant: When you have determined that you want to file a lawsuit in Memphis, Tennessee, and have drafted the complaint, your next important step is to file the complaint with the court, and serve it on the defendant. The defendant must be given at least several weeks' notice that they're being sued, and as much time to review the complaint. This is a matter of general fairness and due process, and allows the defendant to hire a lawyer and get to work on a defense. The law requires that the defendant be served in a few certain ways. The initial choice is to give it to them in person. This has to be done by a person who does not have any direct involvement in the lawsuit. If that isn't possible, the defendant can be served by giving the complaint to another adult member of their household; this is called substituted service.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Memphis, Tennessee, the defendant has time to respond. They normally do so by drafting an answer to the complaint, in which they deny the plaintiff's allegations, or assert a legal defense. If the defendant fails to respond within a set period of time, they will be in default, and you may be able to get a "default judgment" against them, in which all of your allegations against the defendant are viewed as if the defendant admitted them, and you only need to show that you've suffered losses that warrant the damages you're asking for.
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The basic outline above does not come close to covering all the specifics involved in filing a lawsuit in Memphis, Tennessee.
If you have suffered a legal wrong in and decide to sue the person who you believed wronged you, you should talk with a qualified Memphis, Tennessee attorney.
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Life in MemphisMemphis, Tennessee has something for everyone. Popular family attractions include Graceland, Main Street Trolley, AutoZone Park, and the Gibson Factory. Memphis is also known as a city rich in history, so there are many museums to see! Some museums include the National Civil Rights Museum, Stax Museum of American Soul Music, Mississippi River Museum at Mud Island, and the Memphis Rock 'n' Soul Museum.
Amongst all the cities in the United States, Memphis is deemed the twentieth largest city in the U.S. Along with Nashville, Memphis is known to be one of Tennessee's most exciting and metropolitan cities with a population of around 1,316,100 people. Downtown Memphis lies along the Mississippi River and is home to many companies and law firms. Memphis attorneys have a reputation of being competent and client oriented, focusing on providing excellent legal services to Memphis residents.