Demand Letter 
JenkinsLaw begins with sending a demand letter to the opposition to give notice that you have hired an attorney to pursue your claim. The demand letter gives the potential defendant 30 days to pay what you believe you are owed and/or respond to our letter. We generally prepare and send this letter within one week of being engaged to represent you and obtaining the essential facts of your case.

While only certain types of claims and statutes require us to send the demand letter, we always initiate a new matter by sending them out to put the potential defendant on notice that you are serious about your claim and to encourage communications that may facilitate an early and cost-saving settlement that can minimize the costs and time associated with litigation. After the demand letter is mailed, we begin preparing the lawsuit and prejudgment motions, if necessary.

A Lawsuit Begins
Following expiration of the 30-day demand period, we will file the Petition.  JenkinsLaw strives to prepare and file every lawsuit in less than one week following the expiration of the 30-day demand period. The fee to file a lawsuit varies from county to county and generally ranges from $175-$250. If the amount of money sought in the lawsuit exceeds $100,000, the suit must be filed in the District Court, except in Dallas County and a few others.

A Knock on the Defendant’s Door- Service
Once the Petition is filed, the clerk of the court will issue a Citation for each defendant. The Petition and Citation are then served upon the defendant, and the service fee typically ranges from $60-$90 per defendant. The Petition and Citation explain to the defendant why he is being sued, how much he is being sued for, and which court has been assigned to the lawsuit.

If the defendant’s residence or place of employment is known and accessible, the process server can generally serve the defendant within one week. On the other hand, if the defendant’s residence and place of employment is unknown or if the defendant is evading service, the time for service can increase by several weeks while numerous efforts to locate and serve the defendant are made. JenkinsLaw has several methods and resources for locating defendants. If these methods are unsuccessful, we can proceed with substituted service once the requirements have been met.

Answer or Default
After the defendant is properly served with Petition and Citation, he as to file an answer, or other appearance, by the Monday next after the expiration of 20 days from the date of service. If defendant files an answer, the case proceeds with litigation which can last from six months to more than three years depending on numerous factors, such as the complexity of the case, the resources of the parties involved, and the caseload of the court assigned, just to name a few. JenkinsLaw does what it can to move the case forward to resolution by continuously applying litigation pressure with a purpose. For example, we immediately proceed to initiate the discovery process in preparation for going to trial.

If, on the other hand, the defendant does not file an appearance within the required time, we seek a default judgment. A default judgment has the same validity as a judgment obtained at the end of trial, but is much quicker and less expensive. The default judgment process typically takes one to three months following the deadline for defendant to file an answer, depending on the court’s availability.

Discovery
The "Discovery" process is the stage of litigation where different procedures are used to uncover facts and to expose weaknesses and buttress strengths of each side’s position. The most common form of discovery are as follows: Requests for Disclosure – a low-cost written request for information designed to obtain basic discovery of specific categories of information.

Interrogatories – written questions prepared by JenkinsLaw and sent to the opposing party to be answered under oath within 30 days.

Request for Production – requests for categories of certain documents and other tangible things relevant to the subject of the lawsuit, even if the information would be inadmissible so long as the request is reasonably calculated to lead to the discovery of admissible evidence. The documents are to be produced for inspection within 30 days.

MORE COMING SOON 

The results of the trial may be published by certain media.  For example, here is a report on a recent trial victory prior to opening JenkinsLaw: Company Reduced Executive's Pay After Notice of Nonrenewal