Filing a Lawsuit in Troy, Alabama
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If you're contemplating filing a lawsuit, there are several 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 Troy, Alabama civil litigation attorney first.
Once you have retained an attorney in Troy, Alabama, he or she will be able to help you devise a strategy on how to proceed, which will hopefully maximize your chances of success in your lawsuit. Your lawyer can also provide you a rough idea of how much the lawsuit is likely to cost, taking into account court fees, expert witness fees, and other costs.
Steps for Filing a Lawsuit in Troy, Alabama
Consultation With Your Attorney: Before filing any case in Troy, Alabama, you should talk with a local attorney. Your Troy, Alabama attorney will be able to advise you on the merits of your lawsuit, and your chances of success.
Drafting The Complaint: Once you determine that pursuing a lawsuit in Troy, Alabama 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 usually 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 Troy, Alabama 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, generally through the use of a paid process server.
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 Troy, 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.
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This article gives you a general picture of what is necessary to file a lawsuit in Troy, 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 Troy, Alabama litigation attorney if you are contemplating filing a lawsuit against a person or company.