CIVIL LAW QUESTIONS
If you are contemplating bringing a lawsuit or are in danger of having a lawsuit being brought against you, there are likely a number of questions you have regarding the civil litigation process. A civil case can be complex and confusing for the everyday person. The team at Brian Walker Law has the knowledge needed to answer any questions you may have and to help guide you through the civil litigation process. Below you will find helpful links that answer some of the questions you may have about civil law and the civil litigation process.
What Does It Mean To Be Served With A Lawsuit?
The official "serving" of a lawsuit on a person triggers the requirement for that person to respond in writing to the lawsuit within twenty (20) days. Service can be accomplished by (1) serving the lawsuit on the person being sued, (2) mailing the lawsuit to the person being sued by certified mail return receipt requested or (3) leaving the lawsuit at the person's usual place of abode or place of business (this option requires a showing that service could not be accomplished under either (1) or (2)).
If I Am Sued, Do I Need To Act Within A Certain Period Of Time?
Yes. In the State of Texas, you are required to file a written answer in response to a lawsuit. This answer must be filed no later than the first Monday after the expiration of twenty (20) from the date of service of the lawsuit.
What Happens If I Do Not Respond To A Lawsuit?
If you fail to respond to a lawsuit within twenty (20) days, then a Default Judgment may be filed against you in the lawsuit. A Default Judgment essentially means that you have admitted fault by not responding to the lawsuit and, therefore, have lost the lawsuit. A Default Judgment can be overturned under certain circumstances.
If I Am Sued, Do I Have To Hire An Attorney To Represent Me In My Case?
Depends. If you are sued as an individual, you are not required to have an attorney represent you in your lawsuit. This is called "pro se" representation. Although, it is allowed, we highly recommend against it. If your company is sued, you are required to retain legal representation. Unlike an individual, a company cannot represent itself "pro se."
What Is The Difference Between Arbitration & Litigation?
Litigation is the process provided by the state for solving disputes between parties. Civil litigation will follow the procedural and substantive laws of the state in which the case is being litigated. Arbitration is an alternate way of settling disputes that is not administered under state supervision. Arbitration allows the parties involved to decide the procedural and substantive rules to be applied. Arbitration usually comes about due to a clause in a contract or an agreement by the parties to arbitrate rather than litigate.
What Is The Discovery Process And What Does It Include?
Discovery is the means by which a party requests and receives information from opposing parties. Discovery includes requesting documents and other evidence from opposing parties and asking important questions related to the lawsuit, amongst other things.