Litigation Lawyers in Holdenville
If you are a resident of Holdenville, 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 several things you need to consider, and the decision to sue someone should not be made without the counsel of a Holdenville, Oklahoma civil litigation attorney.
The Holdenville, Oklahoma 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 Holdenville, Oklahoma
Consultation with your attorney: Before you continue in any legal action in Holdenville, Oklahoma, you should speak with a good local attorney in Holdenville, Oklahoma. Your legal counsel can make sure you have the best possible chance of winning your case, and help you decide if you should file your lawsuit in the first place.
Drafting The Complaint: In Holdenville, 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 usually ask the court to provide specific relief, should it rule in the plaintiff's favor.
Serving The Defendant: After you draft your complaint, and file it with the court, you have to let the defendant know that they're being sued. The law of Holdenville, Oklahoma requires that the defendant be given advance notice of the lawsuit as a matter of basic fairness: if you were being sued, you'd want to be given time to find a lawyer and prepare your defense strategy, right? So, with that in mind, the law prefers that defendants be served personally, generally through the use of a paid process server.
Await Defendant's Response: When you have served the defendant with the complaint in Holdenville, Oklahoma, the defendant has time to respond. The most common response is known as an "answer," in which they specifically 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 Holdenville, Oklahoma Tort Lawyer Help?
This article gives you a basic picture of what is required to file a lawsuit in Holdenville, Oklahoma. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
If you have suffered a legal wrong in and decide to sue the person who you believed wronged you, you should consult with a qualified Holdenville, Oklahoma attorney.