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A process server is a professional who specializes in serving court documents on parties, even when those parties are hostile or unwilling to receive them. Some states require that process servers be licensed by the state.
→ Read MoreCivil cases are initiated when a formal complaint is filed with the court and served on you, the defendant. The first thing you need to do when served with a complaint is to immediately contact an attorney. Do not wait. As most complaints will state, there is a set period of time, usually around thirty days, in which you may legally respond to the claims (with an Answer or other legal information) when you are being sued before a default judgment is entered against you.
→ Read MoreIf you are having a dispute with someone, you may be able to take the case to court to have it settled. There are a few basic requirements that you need to meet however. First, you need to be over the age of 18 years old. Second, you need to have a legally valid claim that you are seeking a remedy for. The remedy may be monetary damages (which is the most common remedy) or you may wish to compel someone to do something (i.e. you may be seeking specific performance) or not do something (with an injunction). You cannot, however, take a person to court to seek criminal remedies; only a prosecutor can do that. There may also be other limitations on your right to sue.
→ Read MoreA judgment is the official decision of a court of law in a lawsuit. A final judgment resolves the issues involved in the lawsuit, and determines the rights and obligations that each party in the lawsuit has. That ruling becomes legally enforceable and the act taken by the party who is owed money by the other party is called judgment enforcement.
→ Read MoreA contingency fee agreement is a payment arrangement that allows a plaintiff who has been injured and is seeking legal remedy to obtain legal representation even if they do not have money to pay a lawyer at the beginning of the case. A client does not have to pay a contingency fee up front, agreeing instead to pay an attorney a percentage of the client’s award should they win the case. The contingency fee agreement will dictate the circumstances of payment, and how much an attorney is owed. The rules governing lawyers in your state will frequently determine when contingency fees are appropriate.
→ Read MoreContempt of court is a display of disrespect or disregard for the authority of a court. Contempt of court can be either civil or criminal in nature, much like the court system itself. Civil contempt is a coercive or punitive mechanism designed to prod the party held in contempt to remedy the wrong they’ve committed.
→ Read MoreThe out-of-pocket expenses for litigation may be paid up front by either you or your attorney, depending on the arrangement and the contract between you two. This can also depend on whether you are paying your attorney an hourly rate, or on a contingency fee basis.
→ Read MoreWhether your current lawyer can hold you to the terms of the contingency agreement will depend on the laws of your state, as well as your particular situation. Many states follow the Model Rules of Professional Conduct. These rules state that the client can terminate the relationship with the attorney at any time, and the attorney must refund “any advance payment of fee or expense that has not been earned or incurred.”
→ Read MoreRead through the steps involved in a legal case, and be better prepared for the process before filing a lawsuit.
→ Read MoreIt depends on whether you were legally required (i.e., subpoenaed) to appear in court or not. If you were not subpoenaed, there will be no…
→ Read MoreFind the right lawyer for your legal issue.
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