Filing a Lawsuit in Mount Pleasant, South Carolina

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Litigation Lawyers in Mount Pleasant

If you are a resident of Mount Pleasant, South Carolina and believe that somebody has committed a legal wrong against you, and have determined that the effort and expense involved in seeking payment is worth it, you may consider filing a lawsuit.

If you think that you may want to file a lawsuit, you should not make this decision easily, 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 knowledgeable Mount Pleasant, South Carolina civil litigation attorney.

Your Mount Pleasant, South 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 Mount Pleasant, South Carolina

Consultation with your attorney: Before you file a lawsuit in a Mount Pleasant, South Carolina court, you need to meet and confer with a local lawyer. You lawyer in Mount Pleasant, South Carolina can advise you on whether or not your lawsuit has merit, and how possible it is to prevail.

Drafting The Complaint: In Mount Pleasant, South 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 typically ask the court to provide specific relief, should it rule in the plaintiff's favor.

Serving the Defendant: When you have determined that you want to file a lawsuit in Mount Pleasant, South Carolina, and have drafted the complaint, your next important step is to file the complaint with the court, and serve it on the defendant. The defendant must be given at least several weeks' notice that they're being sued, and as much time to review the complaint. This is a matter of general fairness and due process, and allows the defendant to hire a lawyer and get to work on a defense. The law requires that the defendant be served in a few particular ways. The initial choice is to give it to them in person. This has to be done by a person who does not have any direct involvement in the lawsuit. If that isn't possible, the defendant can be served by giving the complaint to another adult member of their household; this is called substituted service.

Await Defendant's Response: When you have served the defendant with the complaint in Mount Pleasant, South Carolina, the defendant has time to respond. The most prevalent response is known as an "answer," in which they particularly address the factual allegations you've made against them, typically 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 given 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 Mount Pleasant, South Carolina Tort Lawyer Help?

This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Mount Pleasant, South Carolina, but it is by no means a comprehensive guide.

Thus, if you want to file a lawsuit against someone in Mount Pleasant, South Carolina, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.

Talk to a Law Attorney now!

Life in Mount Pleasant

Mount Pleasant is a city located in South Carolina. Some history on this charming city is that over three hundred years ago, it was home to the homes of the first Europeans. Since then, Mount Pleasant has developed into a wonderful city for families to live in, and local businesses to establish themselves.

Popular attractions to visit include the Patriots Point Naval Maritime Museum, Boone Hall Plantation, the Charlestown National Golf Club, Charleston Harbor and Water Taxi, Mount Pleasant Waterfront Park, Pitt Street Bridge, and Cinebarre.

Mount Pleasant is also home to experienced attorneys who have established themselves in various areas of law. These attorneys run successful legal practices and ensure the best legal services to their clients.

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