The Basic Lawsuit Process

A lawsuit is initiated when the Plaintiff files a Complaint with the Clerk of the Court. That Complaint, along with a Summons is served on the Defendant. You can be served in person, via mail, left attached to your door, etc. Once the Summons and Complaint are served on the Defendant it is now your responsibility to take action. As the Defendant you have several options in dealing with the lawsuit. Please note, you always have the option to seek the advice of an attorney in your area if you are not comfortable with the process.

The another option is to do nothing with the lawsuit. While not recommended, there are a few instances where not responding to the lawsuit has little to no effect. However, more frequently, not responding to the lawsuit can lead to further legal action being taken against you. Once the time from for filing an Answer expires the Plaintiff's attorney can file for default judgment against you. As long as they can prove you were served with the lawsuit and failed to respond they will be granted the judgment.

With the default judgment the Plaintiff's attorney has several options they can pursue to recover the money owed. These options include, but may not be limited to wage garnishment, property liens, and bank account levies. The usually find this information by serving you a court ordered subpoena that explains you are required to appear at a hearing for the judgment creditors debtor examination. They can continue to do this until the full amount is paid.

Another option requires you to do a little work by first preparing and filing with the clerk of court a Motion to Dismiss the lawsuit. The Motion to Dismiss must be filed within the time-frame stated in the Summons. The Motion to Dismiss is your response to the allegations made in the Complaint. Be sure to schedule a hearing on your Motion to Dismiss before the court with a court reporter or other wise those claims maybe waived at later hearings. However, after the Motion to dismiss is filed you will probably receive notification in the mail of the Opposition to your Motion to Dismiss followed up with a Request for Hearing on the Motion to Dismiss by the opposing attorney. At the Hearing if the judge does not dismiss the case you will be ordered to file an Answer with the Clerk of the Court. The Answer must be filed within the time-frame stated in the Summons. The Answer is your response to the allegations made in the Complaint. You can assert any defenses you have to the allegations and request validation of the debt owed if it has not been provided in the Complaint. We also recommend that at this point you file along with the Answer your Motion for Summary Judgment which will again give you another chance to have the case dismissed. If you filed your motion for summary judgment with your answer, scheduled a hearing before the court with a court reporter, and the motion is denied, you should immediately (the next day) send your discovery requests in the mail and file any certificates of discovery with the court. The purpose of this is to always force the opposing party to be in a position of having to respond to something important and it gives the defendant a little more control.

The other purpose of initiating discovery no later than the day after your motion for summary judgment is denied is to prepare for filing a second motion for summary judgment after you answer their discovery last. Because you initiate discovery first, more than likely with this method, you will always be in a position to answer their discovery last, while they must answer yours before your answers are required. This does not consider any motions to compel, but the object is to file a modified motion for summary judgment with your discovery answers. You do not want to allow the opposing party to file a motion for summary judgment before yours. Always keep the opposing party in a position of having to answer your motion for summary judgment or discovery. After filing the Motion for Summary Judgment you may receive an opposition to the Motion for Summary Judgment in which you will have to oppose and reply in order to keep the case going forward in your favor.

Your local courthouse may have a self-help center where you can pick up forms to fill out and file for your Answer and Motions. However, if none are available you can ask the clerk for the specific guidelines on how the Answer and Motions must be presented. Remember available to you on the www.freedomfromcreditors.com Members Section are self help prepared scripted example on different parts of this court process. However, Please KEEP IN MIND; THE CLERK OF COURT AND PLANB CONULTANTS CAN NOT GIVE YOU LEGAL ADVICE.

After all this if things do not go as you planed at the hearing you should know that you can still take that time to make arrangements for repayment in the event that you lose your case.

Comments? Questions? Email Here

© HowtoAdvice.com

How to Advice .com