Litigation Lawyers in Alva

If you are a resident of Alva, Oklahoma and believe that somebody has committed a legal wrong against you, and have decided that the effort and expense involved in seeking compensation is worth it, you may consider filing a lawsuit.

If you wish to file a lawsuit, there are various things you need to consider, and the decision to sue someone should not be made without the counsel of an Alva, Oklahoma civil litigation attorney.

The Alva, Oklahoma attorney you end up retaining 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 Alva, Oklahoma

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

Drafting The Complaint: In Alva, Oklahoma, the first 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 determine if they add up to a valid 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 and your attorney have written a good complaint, and filed it with the court, it needs to be served on the defendant within a specific period of time. This is required under the law of Alva, Oklahoma 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.

Await Defendant's Response: In Alva, Oklahoma, 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.

How Can A Alva, Oklahoma Tort Lawyer Help?

This article gives you a basic picture of what is required to file a lawsuit in Alva, Oklahoma. However, it should not, under any circumstances, be read as a complete guide to the litigation process.

Therefore, if you want to file a lawsuit against someone in Alva, Oklahoma, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.