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What else can I help you with?
What are the pleadings filed by the plaintiff?
The defendant files an Answer to the Complaint. In the Answer, defendant responds to each allegation of the complaint, one by one, stating whether the defendant admits, denies or leaves plaintiff to his proofs as to each individual allegation. Also, a defendant might file a counter-claim, if defendant has an affirmative claim against plaintiff. A defendant might also file a cross-claim if defendant believes that some other person is responsible for plaintiff's damages.
What is counter claim?
A counterclaim is a claim (lawsuit) made by a defendant (the person getting sued). Often times, if a person is taken to court they will file a claim against the person suing them. This is called a counterclaim. The person making the counterclaim is the counterclaimant.
Pro se Plaintiff having received answer to complaint on summons what is next step plaintiff needs to take?
If there are counterclaims, then pro se plaintiff needs to file his own answer. You also want to consider any afformative defenses asserted by the defendant and their merit.
If a defendant has been improperly named in the summons is there anything else the Plaintiff needs to do other than file a corrected summons and serve it on the defendant within the sixty day period?
Yes, the Plaintiff needs to amend the pleadings attached to the summons to reflect the correct name of the defendant. Usually a Petition or a Complaint.
If the defendant in a civil suit does not respond to the charges what happens?
The plaintiff will win a by default and a judgment will be entered against the defendant. There are not laws that require a person to file an answer or to be present at the civil suit hearing.
How do you prosecute a tort?
To prosecute a tort, the injured party (plaintiff) needs to file a civil lawsuit against the alleged wrongdoer (defendant) in a court of law. The plaintiff must prove that the defendant's actions or inactions caused harm or loss, seek compensation for damages, and adhere to the legal procedures and deadlines during the litigation process. If successful, the court may order the defendant to pay damages to the plaintiff.
Does the plaintiff have to wait 30 days from when the defendant was served papers?
The time period before the plaintiff can proceed varies by state, by court and by nature of case. In some states for general lawsuits it can vary from 20 days to 35 or more. The rules of civil procedure for the court in which you file your action will specify the length of time the defendant has to answer the complaint. To get an accurate answer, you'll have to check the rules governing the time within which a defendant has to file an answer.
What is the process for obtaining a default judgment after service by publication in a legal case?
After serving the defendant by publication, the plaintiff must file proof of service with the court. The plaintiff then needs to wait for a specified period of time for the defendant to respond. If the defendant does not respond within the given time frame, the plaintiff can request a default judgment from the court. The court will review the case and may grant the default judgment if all requirements have been met.
What are the three other pleading documents after a complaint?
The defendant files an Answer to the Complaint. If the defendant wants to make a claim against the plaintiff a Counterclaim may be filed as well. If there are several defendants and the defendant wants to make a claim against one of them, a Cross-claim is filed. If the defendant wants to make a claim against a person who is not named in the suit, a Third Party Complaint is filed. If the defendant files an Answer only, plaintiff is not required to file any further pleadings.
When are civil suits paid?
When the Defendant has the money! Joking, of course. This question leaves out a lot of information. Is there a settlement, a judgment, an appeal? Generally, if there is a settlement, the agreement itself dictates when payment is to be made. If there is a judgment, the Plaintiff has many tools to effectuate payment, if the Defendant is not forthcoming with the payment. If the Defendant appeals the judgment, then the Plaintiff will generally have to wait until after the appeal is heard - but this is usually ok since the Defendant will usually have to file a bond in the amount of the judgment to file the appeal (which secures Plaintiffs' damages, should the appeal fail).
Motion to withdraw as a plaintiff?
File a motion with the judge assigned to the case. As the Plaintiff in the case you do have the option of dropping your case. However, keep this in mind - - depending on what stage the case is in, the defendant/respondant might file a counter-suit if you have cost them considerable amounts of time, money and effort in their own defense.
How do you file a civil suit for back child support?
The defendant's response should be a written statement with a copy of the heading of the summons included or all information contained therein, (case number, court division number, date and time of hearing, plaintiff, etc,). The statement from the defendant is simply his or her answers based only on pertinent facts to all the charges made in the suit. The defendant sends a copy to the plaintiff and/or plaintiff's attorney and files a copy in the office of the clerk of the court that issued the summons.
