Lawsuit Filed – Dealing With A Filed Lawsuit


Lawsuit Filed: Dealing With A Filed Lawsuit

lawsuit filedSometimes, no matter how carefully you tread, you would still find yourself being on the end of a lawsuit. If you happen to find yourself in this decision, you have to make sure that you plan your next steps carefully.

If you have a lawsuit filed against you, one of the things that you have to pay particular attention to would be the deadline to file for your response. In most cases, responses to a lawsuit filed should be submitted within 30 days. There have been cases where a person lost a lawsuit against him or her simply because he or she was not able to file a response on time.

In the off chance that you were not able to submit your response on time, you can ask for a cancellation of default judgment. Keep in mind, however, that you would need to submit a good reason why. Although there have been cases when a default judgment has been set aside, do not get your hopes up. It would still be up to the judge if the default judgment would be set aside.

Your Response to a Lawsuit Filed Against You

There are different types of responses that you can make use of in order to deal with the lawsuit filed against you. One of this is the general denial, which is typically used when you do not agree with anything on the lawsuit filed against you. Keep in mind that making a general denial does not necessarily mean that nothing in the complaint is true.

lawsuit filedAnother type of response is known as the demurrer. A demurrer is typically used when you want the court to know that you might have done something wrong but what you have done is not enough as to warrant a lawsuit. You have to be careful when making use of this kind of response as you are actually implying that you are guilty in one way or another.

If a lawsuit filed against you contains statements that you think are immaterial, vague, not legal, or is just a repetition of something that has been previously stated, you can file a motion to strike. This is one way of asking the court to take out a certain statement that you think is not necessary to the complaint being made against you.

Lawsuit Filed Against You: More points to Consider

Now, if you feel that the other party would have an unfair advantage over you if he or she files the complaint in a certain court, you can file a motion for transfer. This would give you the chance to have the lawsuit filed some place else. This is, however, something that would need a substantial reason from you.

lawsuit filedLastly, one of the ways you can deal with a lawsuit filed against you would be to file a motion to stay or dismiss an action. As with other motions that you might be filing, you have to make sure that you provide sufficient grounds why you want a certain action to be put on hold for a certain amount of time.

In order to be on the safe side, get the services of a lawyer whose expertise includes the situation you are in. There have been many cases when the simplest of case was lost simply because the person involved did not seek the help of a lawyer in dealing with the lawsuit filed against him or her. For more useful articles on lawsuit filed please browse through .


Family Law Attorney


5 Tips On Selecting The Right Family Law Attorney And How Can He Help To Win A Child Custody Case?

If you are fighting child custody case in court, there is a probability you might want to hire a family law attorney to fight the case on your behalf. Like everything else, you need to be cautious while selecting a family law attorney as a wrong attorney will not only lead to losing your child custody but you will also be required to pay the attorney fees as per the contract despite losing the case. Let’s take a look at some tips that will help you select right family law attorney.

  1. Seek references

The best way to find right family law attorney is to ask close people for references. You can ask family members, friends, colleagues at your work place or even your neighbors. You can also ask parents who are having child custody cases at child support office. In major states, the bar council maintains a database of family law attorneys which can be used for seeking referral. Alternatively, you can also ask for advice from courts clerk’s office.

  1. Style of working and personality

Once you have chosen prospective list of family law attorneys, you need to interview them before selecting any one. It is necessary that the family law attorney you select is approachable and his/her personality and style is somewhat similar to you that will help you build a good working relationship.

  1. Experience in fighting child custody cases

It is necessary the family law attorney you choose has good experience of handling and winning child custody cases. It is also important to know how many hours may be required in the court for the case to be decided. An experienced family law attorney will understand the particulars of your child custody case and give you details about the hours it will take to get the decision.

  1. Payment

Once you know the number of hours for the case, you can decide whether to pay family law attorney on per hour basis or the basis of retainer fee. Retainer fee is like an advanced payment for the legal services that your attorney will render. The funds are placed in a separate account and the attorney can withdraw funds for payment of various fees as the case proceeds.

  1. Checking for Attorney’s reputation

It is necessary to check family law attorney’s reputation before hiring. A reputation check will give you important information about attorney such as whether the license of the attorney is suspended or whether the attorney you plan to hire has a good standing with the bar council.

How a family law attorney can help you win the child custody case?

A child custody case is not always simple. It may have a complex issue such as interstate child custody. A good family law attorney will have the knowledge and understanding of applicable laws in their states of practice. A Uniform Child Custody Act specifically developed for interstate custody cases gives parents a joint custody. In such cases, having a family law attorney will increase your chances of getting single custody of your child. In court of law, the way of presentation of facts is equally important as the truth.

It is a known fact that if represented in a wrong way you may not win the case even if the law is on your side. However by hiring a good family law attorney, you can ensure the advantage of having law on your side can be used to get custody of your child.