Filing a Lawsuit in Blytheville, Arkansas
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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 Blytheville, Arkansas civil litigation attorney first.
Once you have retained an attorney in Blytheville, Arkansas, 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 Blytheville, Arkansas
Consultation with your attorney: You should always speak with a Blytheville, Arkansas lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Blytheville, Arkansas. Your lawyer will have critical information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.
Drafting the complaint: In Blytheville, Arkansas, 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: When you have determined that you want to file a lawsuit in Blytheville, Arkansas, 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.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Blytheville, Arkansas, the defendant has time to respond. They usually do so by drafting an answer to the complaint, in which they deny the plaintiff's allegations, or assert a legal defense. If the defendant fails to respond within a set period of time, they will be in default, and you may be able to get a "default judgment" against them, in which all of your allegations against the defendant are viewed as if the defendant admitted them, and you only need to prove that you've suffered losses that warrant the damages you're asking for.
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This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Blytheville, Arkansas, but it is by no means a comprehensive guide.
You should seek the advice of a qualified litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in Blytheville, Arkansas.