Filing a Lawsuit in Andalusia, 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 Andalusia, Alabama civil litigation attorney first.
Once you hire a Andalusia, 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 Andalusia, Alabama
Consultation with your attorney: Before you proceed with any legal action in Andalusia, Alabama, you should seek the advice and counsel of a reputable Andalusia, Alabama attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting the complaint: In Andalusia, Alabama, once you have decided to file a lawsuit, the initial 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, or your lawyer, have drafted a complaint, the defendant must be served with it, so they have notice that they're being sued, and are given time to prepare a defense. Andalusia, Alabama has specific rules governing how a complaint must be served, for the service to be valid. Personal service (having someone give the documents directly to the defendant) is preferred. However, some courts will also accept service by mail in limited circumstances, or service upon an adult member of the defendant's household.
Await The Response: The defendant has a certain amount of time to respond to your lawsuit, once they confirm that they've been served in Andalusia, Alabama. The defendant will likely respond with an answer to your complaint. An answer is a document in which the defendant admits or denies the specific factual allegations made by the plaintiff. Typically, the defendant will admit the allegations that are not seriously in dispute (for instance, if the lawsuit concerns a car accident, they'll probably admit that an accident did, in fact, take place), but deny the more serious allegations (they'll probably deny that they were responsible for the accident). If the defendant fails to respond within a set period of time, they are in "default," and basically lose the case automatically.
Find a Andalusia Lawyer that Specializes in Your Area of Need:
How Can A Andalusia, Alabama Tort Lawyer Help?
This article gives you a general picture of what is necessary to file a lawsuit in Andalusia, Alabama. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
Therefore, it's always a good idea to talk with a Andalusia, Alabama litigation attorney if you are contemplating filing a lawsuit against a person or company.