Litigation Lawyers in Nacogdoches
If you are a resident of Nacogdoches, Texas 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 are contemplating filing a lawsuit, you should know that there are many factors that need to be considered before doing so. You should definitely retain a brilliant attorney from Nacogdoches, Texas before you proceed.
The Nacogdoches, Texas attorney you end up contacting 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 Nacogdoches, Texas
Consultation With Your Attorney: Before filing any lawsuit in Nacogdoches, Texas, you should speak with a local attorney. Your Nacogdoches, Texas attorney will be able to advise you on the merits of your lawsuit, and your chances of success.
Drafting The Complaint: In Nacogdoches, Texas, 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 normally ask the court to provide specific relief, should it rule in the plaintiff's favor.
Serving the Defendant: When you have decided that you want to file a lawsuit in Nacogdoches, Texas, and have drafted the complaint, your next major 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 basic 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 certain ways. The first 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: In Nacogdoches, Texas, the law gives civil defendants a fairly long period of time (a month or two normally) to respond to a lawsuit against them. The most frequent response is either an answer (where they address the factual allegations against them, normally 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 normally 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 Nacogdoches, Texas Tort Lawyer Help?
The basic outline above does not come close to covering all the details involved in filing a lawsuit in Nacogdoches, Texas.
Accordingly, it's always a good idea to speak with a Nacogdoches, Texas litigation attorney if you are contemplating filing a lawsuit against a person or company.