Step 1: Evaluate the Case
Before proceeding with a lawsuit, it’s essential to consult with an attorney who will help you evaluate your case’s strengths and weaknesses to make sure it is worth filing. As attorneys, we must tell you the truth about your case. We also have an ethical obligation to refrain from filing frivolous lawsuits.
Step 2: Identify the Appropriate Court
After discussing the case’s merits with you, we next must determine the appropriate court to file the lawsuit. New York has various courts with different jurisdictions, such as the New York Supreme Court, Civil Court, or the Federal Courts. After you have consulted your attorney, your attorney will be able to determine the appropriate court to go to.
Step 3: Prepare the Required Documents
Filing a lawsuit requires preparing certain documents to file in court, including the summons and complaint. The summons puts the other party on notice of your suit, and the complaint outlines the particulars of your claims. We may also include supporting evidence with the filing. When you work with us, we will help you gather and prepare these documents accurately and completely.
Step 4: Pay the Filing Fees
The party filing the lawsuit must pay a filing fee. The fees can vary based on the court and the nature of your case. We will inform you of all costs associated with the lawsuit.
Step 5: Serve the Defendant
After filing your lawsuit, you must serve the defendant with a copy of the summons and complaint by delivering the legal documents to the defendant or their attorney. There are specific rules we must follow for proper service. We will comply with those rules to avoid unnecessary delays in your case.
Step 6: Await Response
Once you have served the defendant, they have a specific period to respond to the lawsuit. This response can include an answer to the allegations or a motion to dismiss.