Litigation Lawyers in North Wilkesboro

If you are in North Wilkesboro, North Carolina and believe that some form of legal wrong has been committed against you, and determine that seeking legal redress will be worth the time and expense involved, you may wish to file a lawsuit.

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 North Wilkesboro, North Carolina civil litigation attorney first.

Your North Wilkesboro, North Carolina civil litigation attorney will be able to advise you on whether or not you have a legitimate case, and, if so, your best avenues on how to proceed. The attorney will also discuss with you the fees for their services, and whether he or she can represent you on a contingency basis.

Steps for Filing a Lawsuit in North Wilkesboro, North Carolina

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

Drafting The Complaint: In North Wilkesboro, North Carolina, 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 usually 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. North Wilkesboro, North Carolina has specific 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: When you have served the defendant with the complaint in North Wilkesboro, North Carolina, the defendant has time to respond. The most common response is known as an "answer," in which they particularly address the factual allegations you've made against them, usually by denying most of the allegations. They might also move to dismiss the case if they can argue that the complaint is legally flawed. A judge then has to rule on this motion. If the defendant doesn't respond within a certain period of time, they are said to have "defaulted." This allows the court to enter a default judgment, in which the plaintiff essentially automatically wins the lawsuit. Once this happens, the defendant, if they're ever located, can be served with the judgment, and will have very little power to challenge the merits of your case.

How Can A North Wilkesboro, North Carolina Tort Lawyer Help?

The basic outline above does not come close to covering all the specifics involved in filing a lawsuit in North Wilkesboro, North Carolina.

Thus, it is crucial that you consult a qualified civil litigation attorney before you file any type of lawsuit in North Wilkesboro, North Carolina.