Filing a Lawsuit in Alexander, Alabama
If you live in
If you're contemplating filing a lawsuit, there are various 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 Alexander, Alabama civil litigation attorney first.
Once you hire a Alexander, Alabama litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Furthermore, 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 Alexander, Alabama
Consultation with your attorney: Before you proceed with any legal action in Alexander, Alabama, you should seek the advice and counsel of a reputable Alexander, Alabama attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting The Complaint: In Alexander, Alabama, the initial step in filing a lawsuit is drafting a complaint. The complaint is a document that lays out all of your allegations against the person you're suing. It generally provides necessary background information, details the injuries you suffered, and why the person you're suing is to blame for those injuries. It also usually contains a specific "prayer" (request) for relief - a brief statement telling the court what the plaintiff is asking of it, such as monetary damages, and injunction, or other relief.
Serving the Defendant: When you have determined that you want to file a lawsuit in Alexander, Alabama, 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 specific 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.
Await Defendant's Response: In Alexander, Alabama, 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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As you can see, it can be a complicated and difficult process to file a lawsuit in Alexander, Alabama, and it is, in fact, much more complicated than the basic outline you just read.
Thus, if you want to file a lawsuit against someone in Alexander, Alabama, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.