Lawyer Tom Ngoe on Time to Respond to a Civil Lawsuit

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When someone is affected by a lawsuit, he or she may only have so much time to react. This means that after a letter or summons to the court has been received, a response is needed in only so much time. If this time restriction has passed, there are often severe consequences imposed.

Lawyer Tom Ngoe says that civil lawsuits are important in regards to time, as there are limits on when they may be initiated. In addition to statutes of limitations, there are often other time impositions such as motions and contact that become critical during the first stages of the suit. It is essential to hire a lawyer to ensure time limits and other complications are handled before they become a problem.

Ignoring the documentation provided when being served with lawsuit paperwork should never be done. A response is important and the very first step to take. If there is no response within a timely fashion, it is possible the lawsuit may be successful by default for the person that initiated the process. Filing the documentation for the event provides a means of defending against the allegations. This also means that the plaintiff must prove the case after a response has been received. Because most civil suits require the use a lawyer, it is imperative one is hired for the case so that the chances of success rise significantly.

Calling a Lawyer and Determining When Response is Needed
No matter what type of lawsuit is being issued, it is vital that a lawyer is contacted for the subject related to the suit. This provides a means of defense, a way to fight litigation if necessary and additional protection. Because these professionals have knowledge in their specialized field, they understand what needs to be completed, what documents are needed and other legal processes of which the average individual is completely unaware. Arguments and negotiations may also be performed by these legal representatives. This means that the lawsuit may be concluded entirely outside of a court room with fewer fees, time or energy expended.

A particular deadline is usually attached for a response needed with a suit filed. This is provided on the front of the document in general circumstances. This may be a certain number of days, when the date for court presence is necessary and who to contact. A clerk may be communicated with for further details. Because a response and a way to prepare for the issue are needed, a lawyer should be contacted as soon as possible for these situations. At this point, the type of response to issue should be considered. Some types of responses may be recommended by the legal representative based on the type of case. This could mean a request to change the location, to request a motion that the lawsuit does not have enough evidence and must be concluded or similar matters.

The Response and Copy to the Plaintiff
When a response is sent, it is done so in a written document called an answer where the defending party either admits to the matter or denies that he or she is responsible. He or she then explains why he or she is not liable in the situation. If there are any statements in the complaint that are not addressed, the court views these as true. Some certain stipulations may occur with affirmative defense. This means that certain factors are in place such as an expiration of the statute of limitations, an assumption of risk where the plaintiff knew he or she was exposed to danger or accord and satisfactions which means that the dispute has been settled between the parties. If this is not in the answer, it is waived and cannot be used in the future.

After the response has been sent, a copy should be provided for the plaintiff. This may require a proof of service to the court that the document was given to the opposing party. At this point, the options of the defense and how to proceed may be discussed. This may include negotiations between both legal counsels. If a settlement is raised, it may be provided to the defending party for acceptance.

Business Law Lawyers for Time Restricted Responses
Because there are only so many days or weeks available for a response, it is imperative that a business lawyer has been hired to assist in the proceedings. He or she may ensure all processes are followed correctly and that negotiations may take place for any possible chance of a settlement out of court. 
 
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