Filing a Lawsuit in Gilroy, California

File a Lawsuit in Gilroy, CA

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

If you think that you may want to file a lawsuit, you should not make this decision lightly, 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 qualified Gilroy, California civil litigation attorney.

The Gilroy, California attorney you end up hiring will be able to advise you on whether you have a good case. If you do, they will also 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 Gilroy, California

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

Drafting The Complaint: Once you decide that pursuing a lawsuit in Gilroy, 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 process, 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 specific relief, should it rule in the plaintiff's favor.

Serving The Defendant: Once you and your attorney have written a good complaint, and filed it with the court, it needs to be served on the defendant within a certain period of time. This is required under the law of Gilroy, California to ensure that the defendant actually knows that he's being sued, and has time to find a lawyer and prepare a defense. Generally, the defendant should be served in person. However, when this isn't possible, service by mail is also acceptable in a few instances.

Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Gilroy, California, 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 treated 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 article gives you a basic picture of what is required to file a lawsuit in Gilroy, California. However, it should not, under any circumstances, be read as a complete guide to the litigation process.

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 Gilroy, California.

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