Filing a Lawsuit in El Cerrito, California

File a Lawsuit in El Cerrito, CA

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If you live in , California, and believe that you have sustained some form of legal wrong, you may wish to file a lawsuit against the individual who allegedly wronged you.

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 El Cerrito, California civil litigation attorney.

The El Cerrito, 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 El Cerrito, California

Consultation with your attorney: Before you proceed with any legal action in El Cerrito, California, you should seek the advice and counsel of a reliable El Cerrito, California attorney. He or she will be indispensable in helping you succeed in your lawsuit.

Drafting The Complaint: In El Cerrito, California, the initial step to filing a lawsuit, once you've actually decided to do so (in consultation with your attorney), is writing a complaint. A complaint is simply a list of facts that you allege against the defendant. A court must look at these allegations and decide if they add up to a legitimate cause of action, assuming they're true. If they do not add up to a cause of action, the case may be dismissed. The complaint also typically ask the court to provide specific relief, should it 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. El Cerrito, California has particular 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 Defendant's Response: In El Cerrito, California, the law gives civil defendants a fairly long period of time (a month or two typically) to respond to a lawsuit against them. The most prevalent response is either an answer (where they address the factual allegations against them, typically 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 typically 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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How Can A El Cerrito, California Tort Lawyer Help?

This article gives you a general picture of what is necessary to file a lawsuit in El Cerrito, 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 El Cerrito, California litigation attorney if you are contemplating filing a lawsuit against a person or company.

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