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Can a non Defendant or attorney not representing the Defendant answer a complaint?
Wiki User
∙ 14y ago
Generally, there are four ways to deal with a complaint. You can answer it, you can demur to part or all of it, you can move to strike all or portions of it, or you can ignore it. The first three of these options may have different names in different jurisdictions. A demurrer is a motion whereby you argue that all or portions of the complaint do not state a valid cause of action, even assuming that all allegations contained therein are true. A motion to strike seeks to delete portions of a complaint (or all of it) as not in conformance with some law or ruling.
If you ignore a complaint, you will likely be subject to a default judgment, which means that the filing party will win all of his or her claims against you as set forth in the complaint. This is only a good way to go if you have no money or assets (or income) that the Plaintiff can collect from. Otherwise - you might as well try to come to a settlement and have the Plaintiff dismiss the Complaint prior to a default being taken.
All of these responses presuppose that you have been properly served with the complaint in the first place.
Wiki User
∙ 13y ago
Wiki User
∙ 14y agoNo one not authorized by the defense may address the court either about, or on the behalf of, the defendant.
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How does a collection agency go about filing a lawsuit against you?
If the agency is an asset buying agency, the debt is owed to them so they follow your county procedures for a suit...getting a case number, filling out and filing of the summons and complaint, service of the summons and complaint, affidavit of military service...see you in court. The save follows for non-owned debt except first they will validate the debt and get suit authorization from the original creditor.
Bail?
Bail is an amount of money or bond that a criminal defendant may be ordered to pay before being released from custody pending trial.Purpose of BailThe purpose of bail is to guarantee the appearance of the defendant in court when required at future trial proceedings. Generally the conditions and amount of Bail are set by the judge or other court officer during the defendant's first appearance. It is also possible that the judge may release the defendant on his/her own recognizance - which is the defendant's written, uninsured promise to return for trial. Such a release occurs only if the suspect has steady employment, stable family ties, and a history of residence in the community. Willful violation of the terms of a personal recognizance constitutes a crime. Or the judge can simply deny bail, and remand the accused pending trial.Bail is mostly associated with criminal proceedings, but can also be granted in some civil cases to secure payment of a debt. In criminal law, bail is granted on the basis of the circumstances and seriousness of the crime. Serious misdemeanor cases and felonies often require a bail determination. Bail can be sought by the accused person during the pre-trial period or pending execution of sentence. The question of bail also comes into play while an appeal of a conviction or sentence is pending.The Sixth Amendment to the Constitution mandates that a suspect must “Be informed of the nature and cause of the accusation.” so as to enable the person to seek bail. However, there is no absolute right to bail. Initially, The Bail Reform Act of 1966 provided that a non-capital defendant is to be released on bailpending trial, unless the judicial officer determines that granting bail will not adequately assure the defendant’s appearance at trial. However, The Bail Reform Act of 1984, codified at United States Code, Title 18, Sections 3141-3150 replaced the Bail Reform Act of 1966. The new Act provides for detention of the accused where necessary for the safety of the community. According to the Bail Reform Act of 1984, persons charged with a crime of violence, an offense for which the maximum sentence is life imprisonment or death, certain drug offenses for which the maximum offense is greater than 10 years, repeat felony offenders, or if the defendant poses a serious risk of flight, obstruction of justice, or witness tampering are subject to detention without bail.Bail may not be granted in the following circumstances:* Where the defendant is undergoing a custodial sentence for another offence.* Where the court finds that it is not feasible to obtain sufficient information,* Where it is determined that continued custody is necessary for the defendant’s own safety and protection.* Where the defendant has absconded or breached a bail.* Where the defendant has been convicted, but the court is waiting for a report or inquiry, and such inquiry would be difficult to complete without keeping the defendant in custody.POSTING BAILOnce a court has set the amount of bail, that amount, or a specified percentage, is paid to the court. Payment may be made in cash or in an approved cash substitute, such as a money order or cashier’s check. A defendant may post his or her own bail, or may find another person to do so.Once bail has been posted, the court will issue a document or a court order that shows the defendant may be released.If another person posts bond on the behalf of a defendant, the bail bond becomes a three-party contract between the defendant, the court, and the surety. The surety is the party who, at the request of a defendant, becomes responsible for securing the defendant’s appearance in court. People who may act as a surety for a criminal bond include licensed bond agents and friends and relatives of the defendant. As part of the contract, the defendant promises to appear at future proceedings. The surety promises to forfeit to the court the amount of the bond if the defendant fails to appear as required.PENALTYThe penalty for failure to appear as required after release is a fine, imprisonment, or both. Federal law provides that any term of imprisonment for failure to appear must run consecutively to any other criminal sentence. However, if uncontrollable circumstances caused the failure to appear, and if the person immediately appeared once it was possible to do so, the person will have a valid defense to the failure to appear charge.Once a case is over and all obligations have been fulfilled, the bond money is typically returned. Sometimes administrative costs are deducted.Disclaimer:This article is a guideline and is not legal advice - No information here iswarrantedorguaranteedfor any purpose., as laws vary from state to state, it is not intended to be an all inclusive discussion of the law applicable to any action in your state. Please consult with a legal professional when appropriate - if you are charged with a crime, contact a criminal defense attorney.[video=]
What is the Right to bail?
Under current law, a defendant has an absolute right to bail if the custody time limits have expired and otherwise ordinarily a right to bail unless there is sufficient reason not to grant it,Any person accused of committing a crime is presumed innocent until proven guilty in a court of law. Therefore a person charged with a crime, should not be denied freedom unless there is a good reason.The main reasons for refusing bail are that the defendant is accused of an imprisonable offence and there are substantial grounds for believing that the defendant would:abscond, orcommit further offences whilst on bail, orinterfere with witnesses.The court should take into account:the nature and seriousness of the offence or default (and the probable method of dealing with the defendant for it),the character, antecedents, associations and community ties of the defendant,the defendant's bail record, andthe strength of the evidence.The court may also refuse bail:for the defendant's own protection;where the defendant is already serving a custodial sentence for another offence;where the court is satisfied that it has not been practicable to obtain sufficient information;where the defendant has already absconded in the present proceedings;where the defendant has been convicted but the court is awaiting a pre-sentence report, other report or inquiry and it would be impracticable to complete the inquiries or make the report without keeping the defendant in custody;where the defendant is charged with a non-imprisonable offence, has already been released on bail for the offence with which he is now accused, and has been arrested for absconding or breaching bail.Where the accused has previous convictions for certain homicide or sexual offences, the burden of proof is on the defendant to rebut a presumption against bail.
What is a non prejudicial business transaction?
what is a non prejudicial transaction what is a non prejudicial transaction
Copies of administrative notices that were not the basis for official actions should be managed as?
Recordspersonal filesnon-record materials
Who is the person against the defendantin a trial?
It depends on where you are (like everything does), a Common Law system or a Civil Law system. In most parts of the United States (exceptions being possibly Puerto Rico, or New Orleans?) we use the Common Law system. In the Common Law system the defendant's case will be presented after the prosecutors case. The person that presents this case is the defendant's attorney. The defendant may obtain an attorney through several sources. They may hire their own, have one appointed if they qualify, or be able to obtain an attorney from a non-profit. If the defendant does not have an attorney, they are appearing pro se, or for one's own behalf. In that case the defendant will be the person presenting their own case. In the Civil Law systems the judge gathers evidence and information from each side and comes to a determination. In this system there is less emphasis on the presentation of the case that we generally see on TV in the US. It is generally best to consult with an attorney in the specific area to determine the best course of action.
Can a nonattorney file a written appearance in pa for a corporation in a civil suit?
Question is unclear. A non-attorney may deliver to (i.e.: file) the notice of appearance to the Clerk of Court's office but the notice itself must identify to the court THE ATTORNEY OR FIRM who will be representing the corporation.
Does a defendant have an option to attend his civil court calendar hearing?
A summons/complaint is a notification of sorts. It informs the named person that he or she is a party to a lawsuit. In most circumstances one does not have to appear in court when it relates to a summons only. Although non appearance will most likely result in a default judgment being awarded to the plaintiff(s). If the summons is accompanied by a motion of discovery order, the defendant should file a written response within the time required. The defendant will then be notified of the date for the discovery hearing and the documents that are to be presented. That notice in most state courts will be a subpoena. A subpoena is a DIRECT order from the court and must be obeyed or the non complaint party can be found in contempt, which is not, to put it mildly a good thing.
What tone is best for a letter of complaint-?
Non-angry manner but being firm is the best tone when writing a letter of complaint.
How do you report non payment of wages?
You report it to the Attorney General's Office, for the state that you were employed in. This can be done by downloading a Non-Payment of Wages Complaint Form from that particular Attorney General's Office website. It is an employees right and responsibility to report this kind of employer abuse. Employees deserve to be paid for all of the time and work that they put in for an employer, and employers deserve to be exposed and penalized should they be negligent in doing so.
Is a mistermeaner a cilvil complaint?
No Criminal charge. Civil is non criminal.
Where would i go to file a complaint against a non profit organization?
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Can you email a complaint to the IRS?
Can I report a Financial Institution That refuse to report the interest paid against a Commercial Note as a complaint for non -compliance to the IRS.Gov
As a non member who can participate in the proceedings of either house of parliament?
Attorney-General
What does an amicus attorney do?
An amicus attorney does not even have to be a practicing attorney. They just have to be appointed by the courts to assist a non contested court case issue.
Which approach is preferable for representing non-regular languages cfg or pda?
pda
What is a nonrecoverable attorney fee for foreclosure?
A non-recoverable attorney fee in foreclosure is a fee for work performed by the attorney (usually the bank's attorney) that the bank has to pay for but cannot pass on to the mortgagor.
