Can you describe the basic steps which are involved in the litigation process in Texas?

 

A: Your case is initiated by filing a lawsuit with the Clerk of Court. The debtor is served with the lawsuit by an authorized process server and then becomes a Defendant in the case. At this stage, third parties may be brought into the lawsuit as necessary. Basically, a Defendant has twenty (20) days within which to respond to the initial lawsuit or be defaulted.

After this initial pleading stage, the parties enter into the “discovery” stage. Sworn testimony can be elicited from the Defendant and other witnesses concerning the facts of the case. A Defendant who improperly disputes a claim may be exposed at this stage.

As discovery winds down, the parties are typically required to attend non-binding mediation. At this stage, the parties attempt to voluntarily resolve the case with the help of a trained mediator. The vast majority of cases are resolved at the mediation stage.

If the parties are unable to voluntarily settle the claim, the parties prepare for and proceed to trial. The issues in the trial can be decided either by a single judge or by a panel (jury) of disinterested citizens chosen from the community.

If you prevail at trial, you will be awarded a judgment. The Defendant may pay the judgment once a decision has been rendered. It is also possible for a Defendant to appeal a money judgment, but the judgment debtor is required to post a significant cash bond for the right to appeal the trial court’s decision to the appellate court.





The Voss Law Firm, P.C.
The Voss Law Center
26619 Interstate 45 South
The Woodlands, TX 77380

Phone: 281-VICTORY
Toll free: 1-866-276-6179 
Fax: 713-861-0021


The Voss Law Firm, P.C. represents clients on a local, national and international basis. We proudly serve all Texas counties and cities including but not limited to the following: Harris County, Montgomery County, Jefferson County, Houston, The Woodlands, Beaumont, El Paso, San Antonio, Austin, Sugar Land, Dallas, Fort Worth, Orange, and Port Arthur, as well as companies and individuals along the Gulf Coast and around the globe.

 



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26619 Interstate 45 South
The Woodlands, TX 77380
Phone: 281-VICTORY (842-8679)
Toll Free: 866-276-6179
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