Litigation Lawyers in Kaufman
If you are a resident of Kaufman, Texas 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 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 reputable attorney from Kaufman, Texas before you proceed.
Your Kaufman, Texas 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 Kaufman, Texas
Consultation with your attorney: You should always speak with a Kaufman, Texas lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Kaufman, Texas. Your lawyer will have essential information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.
Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Kaufman, Texas court, you need to draft a complaint, with the help of your lawyer. A complaint is usually the initial step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a legitimate lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court usually gives the plaintiff a chance to re-submit the complaint, with the errors corrected.
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. Kaufman, Texas 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 Kaufman, Texas, 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 Kaufman, Texas Tort Lawyer Help?
This article gives you a general picture of what is necessary to file a lawsuit in Kaufman, Texas. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
Thus, if you want to file a lawsuit against someone in Kaufman, Texas, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.