Filing a Lawsuit in Commerce, California
If you live in
If you think that you may want to file a lawsuit, you should not make this decision easily, and there are a lot of factors that need to be taken into account. Obviously, you should never go into a lawsuit without at least consulting a knowledgeable Commerce, California civil litigation attorney.
The Commerce, California attorney you end up retaining will be able to advise you on whether you have a good case. If you do, they will further advise you on your best options on how to proceed. Your lawyer can also inform you about what their fees are, and if they have multiple payment options.
Steps for Filing a Lawsuit in Commerce, California
Consultation With Your Attorney: Before filing any case in Commerce, California, you should talk with a local attorney. Your Commerce, California 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 Commerce, California 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 typically 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 Commerce, California 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, usually through the use of a paid process server.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Commerce, California, the defendant has time to respond. They typically 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 establish that you've suffered losses that warrant the damages you're asking for.
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How Can A Commerce, California Tort Lawyer Help?
This article gives you a general picture of what is necessary to file a lawsuit in Commerce, California. 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 Commerce, California litigation attorney if you are contemplating filing a lawsuit against a person or company.