Litigation Lawyers in Montgomery
If you are in Montgomery, New York and believe that some type of legal wrong has been committed against you, and decide that seeking legal redress will be worth the time and expense involved, you may wish to file a lawsuit.
If you are contemplating filing a lawsuit, you should know that there are many factors that need to be considered before doing so. You should definitely hire a good attorney from Montgomery, New York before you proceed.
Your Montgomery, New York civil litigation attorney will be able to advise you on whether or not you have a legitimate case, and, if so, your best options 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 Montgomery, New York
Consultation with your attorney: Before you file a lawsuit in a Montgomery, New York court, you need to meet and confer with a local lawyer. You lawyer in Montgomery, New York can advise you on whether or not your lawsuit has merit, and how likely it is to succeed.
Drafting The Complaint: Once you decide that pursuing a lawsuit in Montgomery, New York 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 have drafted your complaint, you need to serve the defendant with it, and file it with the court. Montgomery, New York requires that lawsuits be served on defendants in a certain way. This is to ensure that the defendant has a good deal of notice that they're being sued, giving them time to find an attorney, and work on how they're going to defend themselves. It is strongly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Sometimes, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.
Await Defendant's Response: In Montgomery, New York, the law gives civil defendants a fairly long period of time (a month or two usually) to respond to a lawsuit against them. The most common response is either an answer (where they address the factual allegations against them, usually 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 usually 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.
How Can A Montgomery, New York Tort Lawyer Help?
This article gives you a basic picture of what is required to file a lawsuit in Montgomery, New York. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
Accordingly, it's always a good idea to speak with a Montgomery, New York litigation attorney if you are contemplating filing a lawsuit against a person or company.