Filing a Lawsuit in El Paso, Texas
If you are a resident of El Paso, Texas and believe that somebody has committed a legal wrong against you, and have decided that the effort and expense involved in seeking compensation 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 lightly, 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 qualified El Paso, Texas civil litigation attorney.
When you retain a civil litigation lawyer in El Paso, Texas, they'll be able to give you some very useful advice, particularly in devising a strategy that maximizes your chances of winning your lawsuit. You'll probably also wonder how much this lawsuit is going to cost you, especially if you don't win. This largely depends on the attorney's fee structure. If the attorney charges an hourly rate, you will simply have to pay the lawyer for every hour they work. This can add up to a huge amount of money, very quickly. If they charge on a contingency basis, you do not have to pay any attorney's fees unless you win, and payment comes in the form of the percentage of the judgment. However, if you lose, you might still be responsible for costs, such as court fees, which are incurred no matter what happens to the case.
Steps for Filing a Lawsuit in El Paso, Texas
Consultation with your attorney: Before you proceed with any legal action in El Paso, Texas, you should seek the advice and counsel of a good El Paso, Texas attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting the complaint: In El Paso, Texas, once you have decided to file a lawsuit, the first thing you usually 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 usually 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 typically 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: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. El Paso, Texas requires that lawsuits be served on defendants in a certain way. This is to ensure that the defendant has a good deal of notice that they're being sued, giving them time to find an attorney, and work on how they're going to defend themselves. It is strongly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Sometimes, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.
Await Defendant's Response: In El Paso, Texas, the law gives civil defendants a fairly long period of time (a month or two usually) to respond to a lawsuit against them. The most common response is either an answer (where they address the factual allegations against them, usually denying most or all of the allegations) or a motion to dismiss (where the contend that, even if everything alleged in the complaint is true, those facts would not establish liability). If the defendant does nothing, and fails to respond, they run the risk of having a default judgment entered against them. This usually means that the court automatically rules against them, treating the plaintiff as if they won the lawsuit. This gives the plaintiff a judgment against the defendant, which they can seek to collect using all legal means.
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This article gives you a basic picture of what is required to file a lawsuit in El Paso, Texas. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
Therefore, if you want to file a lawsuit against someone in El Paso, Texas, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.
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Life in El PasoEl Paso, Texas is a large city in (and the county seat of) El Paso County, in the far western tip of Texas. It is the 5th-largest city in Texas, and the 22nd largest city in the United States, with a population of over 620,000. El Paso is right over the U.S. border from Juarez, Mexico.
The two cities are directly adjacent, and a great deal of cultural and economic exchange occurs between the two. For this reason, they are typically treated as part of the same metropolitan area (referred to as El Paso-Juarez). With a population of over 2.3 million people, El Paso-Juarez is one of the largest international metro areas in the world.
El Paso is an important entry point into the U.S., and Juarez serves the same role in Mexico. There is a significant amount of trade between the two cities, which accounts for a significant amount of the economic activity in both cities.
Additionally, Fort Bliss, a U.S. Army base which serves as home to the Air Defense Artillery Branch, is a major contributor to El Paso's economy.
Given its size and economic diversity, El Paso, Texas attorneys have plenty of work to keep busy, which ensures that they are constantly challenged, forcing them to become proficient in as many areas of law as possible. Accordingly, it's nearly certain that there's at least one El Paso, Texas lawyer who can help you with your legal issues.