Litigation Lawyers in Fruit Heights

If you are a resident of Fruit Heights, Utah 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 are contemplating filing a lawsuit, you should know that there are many factors that need to be considered before doing so. You should definitely retain a seasoned attorney from Fruit Heights, Utah before you proceed.

Once you retain a Fruit Heights, Utah 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 Fruit Heights, Utah

Consultation with your attorney: Before you file a lawsuit in a Fruit Heights, Utah court, you need to meet and confer with a local lawyer. You lawyer in Fruit Heights, Utah can advise you on whether or not your lawsuit has merit, and how possible it is to prevail.

Drafting The Complaint: Once you determine that pursuing a lawsuit in Fruit Heights, Utah civil court is worth your time and effort, you need to file a complaint. The complaint can set the tone, and frame the issues, for the rest of the litigation procedure, which can drag on for months, or even years (and decades, in some cases). This is because the complaint lays out all the allegations against the defendant. It also normally asks the court for particular relief, should it 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 Fruit Heights, Utah states that the defendant be given advance notice of the lawsuit as a matter of general 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 Defendant's Response: When you have served the defendant with the complaint in Fruit Heights, Utah, the defendant has time to respond. The most frequent response is known as an "answer," in which they particularly address the factual allegations you've made against them, normally by denying most of the allegations. They might also move to dismiss the case if they can argue that the complaint is legally flawed. A judge then has to rule on this motion. If the defendant doesn't respond within a specific period of time, they are said to have "defaulted." This allows the court to enter a default judgment, in which the plaintiff essentially automatically wins the lawsuit. Once this happens, the defendant, if they're ever located, can be served with the judgment, and will have very little power to challenge the merits of your case.

How Can A Fruit Heights, Utah Tort Lawyer Help?

The basic outline above does not come close to covering all the specifics involved in filing a lawsuit in Fruit Heights, Utah.

Thus, if you want to file a lawsuit against someone in Fruit Heights, Utah, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.