Civil Process

It is called either a "complaint" or a "petition". The nomenclature depends upon the jurisdiction and/or the underlying cause of action.

The person(s) or entity(ies), usually called either Dependants or Respondents, file answer(s) to a lawsuit. The failure to file an answer within the time allowed by law is deemed to be an admission of the Plaintiff's allegations, resulting in the entry of a "default".

The answer consists of express admissions or denials of the allegations of the complaint, or can consist of a "general denial" of all allegations. It also asserts any affirmative defenses that the defendant(s) may have to the cause of action alleged in the complaint. Under applicable rules of civil procedure, affirmative defenses not raised in the answer are generally deemed to have been waived. However, most courts are fairly lenient in allowing the amendment of an answer to allege overlooked (or newly discovered) affirmative defenses if the Plaintiff is not prejudiced by the amendment.

In civil law, the party who is served with the papers beginning the civil action, and is defending the lawsuit is called the "defendant"; the party who brings the lawsuit is called the "plaintiff".

In the strictest sense, the person in a criminal 'lawsuit' not a civil proceeding, is called a "defendant". The party, in the criminal action, who brings the lawsuit, a criminal proceeding, is called the "State". The representative for the criminal action against the is a Prosecutor.

Please see the discussion page for further notions about using the word "defendant" instead of the label "accused" in a criminal proceeding.

There are various, numerous affirmative defenses to any complaint. They are usually set forth in the civil procedure statute for each state. For instance, in Wisconsin, they are listed in Section 802.02(3) of the Wisconsin Statutes. In many cases, they must be plead initially (in the answer) or they are waived. Of course, most of the time the answer can be amended for a period of time as well.

You cannot be arrested for a civil infraction. The judgment means they can attempt to collect the amount. In some cases they may attempt to take property to sell to get their money.

You need to see if there is a way to work out a payment plan. As long as you show you are making an effort, even making small payments, and are destitute, there isn't going to be much they can do.

6

My favorite answer: it depends.

What state do you live in?

Some states have laws that require suits to be completed within a certain time frame (five years). Usually, this is not what drives how long a case lasts. Instead, lawsuits take time because of the amount of time that is required to be given for notices and for discovery. Also, settlement discussions can significantly cut short how long a lawsuit lasts, if successful.

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.

That depends. If you mean that you were found not guilty, then no. That would be considered double jeopardy which is illegal. They can, however; charge you with other crimes as long as they dont rely on the original crime heavily as evidence.

In a word, money. Legally, they seek "compensation" for their losses. Not all plaintiffs seek money damages (called "legal relief") from defendants, although this is the most common. Many times, plaintiffs seek what is called "equitable relief" Equitable relief is granted when legal relief, i.e. money, is inadequate to compensate a plaintiff for the harm done. Examples of equitable relief are restraints, injunctions, specific performance of contracts, declaratory judgments, divorces, will invalidations, foreclosures, partitions, ejectments, appointments of receivers, cease and desist orders, shareholder derivative actions and other types of remedies that may have to be individually crafted to properly compensate the plaintiff.

Just because you have not been served there may still be a case pending against you. Sometimes law offices and process servers get backed up. Some states also allow an article to be run in local papers notifying you if you cannot be found.

A tort

Under law, a check can technically be written in any form. The point of a check is your willing authorization for your bank to pay the payee. When you allowed them to scan your check and presumably signed a contract they provided, you established a covenant with them and paid via check, even if the actual check never changed hands. If they paid you money, and you legally authorized this transaction, you've passed a check. While I cannot speak authoritatively on Texas law specifically, I'd say with no reasonable doubt in my mind: Yes they can.

This question is vague. A complaint is always attached to a summons; therefore, you are not responding to the summons, but you are actually supposed to respond to the complaint. The complaint should have statements in numbered paragraphs. You are either going to agree (or admit), disagree (or deny), or you do not have any knowledge regarding the allegations contained in a numbered paragraph.

It is best to hire an attorney to assist you in responding to complaints in order to protect your rights.

the numbered paragraph is13. case instiuted by; two choices 1on-veiw arrest or 2 citiation/summons. Mine was checked 1 on veiw arrest, what does that mean and does it mean i'can't pay a fine

You have to file an answer with the court usually within a specified time-frame. I'm in the midst of a court process in Oregon with a junk debt attorney. The State of Washington has a good sample form for anwering a lawsuit that you can Google and work of off, or I actually bought templates from a blogger who fought a similar case, you can google, how to answer a credit card debt lawsuit add the dotcom and find his site. If you are eligible for legal aid you should try that too. I just felt like I would spend the $ I owed on a lawyer, so I'm fighting it myself successfully so far. There are some good tips on the blog about how to settle at the end of the process if you think you are going to lose!

The automobile industry changed the US's landscape because there was more roads being constructed, gas stations were being built and also tourist destinations, motels, shopping centers sprung up all over America. It also liberated the isolated rural families because now it was easier to travel to faraway places and it also allowed workers to live miles away from their work. There was an urban sprawl in cities all over the country.

Start by discussing the case with an attorney. The first two things he will want to know is A) did you lose any money because of the false police report. B) Will the person who did this have money to pay damages.

Have you requested your local police to investigate? In MI it is a misdemeanor to engage in 'lawful' conduct for 'unlawful' purposes. If two or more people are involved, it becomes a felony.

if this caused you great embarrassment or damaged your reputation, you could file a cause of action for Intentional Infliction (IIED). However, it is very hard to prevail in a IIED cause of action. You do need an attorney to advise you on these issues.

Depending on who was behind the false report and the individual's motive, you may be better off to let a sleeping dog lie.

The slave Dred Scott, who had been taken on to free soil, where his freedom would have been granted automatically, if he had applied for it.

But he tried to apply for it after he'd been taken back into slave country, and the local judges had never dealt with this problem. That's why it ended up in the Supreme Court.

== (1) In General. Unless another time is specified by this rule or a federal statute, the time for serving a responsive pleading is as follows: (A) A defendant must serve an answer: (i) within 20 days after being served with the summons and complaint; or (ii) if it has timely waived service under Rule 4(d), within 60 days after the request for a waiver was sent, or within 90 days after it was sent to the defendant outside any judicial district of the United States. (B) A party must serve an answer to a counterclaim or crossclaim within 20 days after being served with the pleading that states the counterclaim or crossclaim. (C) A party must serve a reply to an answer within 20 days after being served with an order to reply, unless the order specifies a different time.

Civil court usually has a higher jurisdictional limit (max you can sue for) and attorneys are allowed to represent parties. Civil cases may also have jury trials and other procedures more conducive to attorneys and not pro se (self-represented) litigants.

"Pro se" refers to the fact that the party is not represented by a lawyer--that he, she, or it is representing him/her/itself. Either a plaintiff or a defendant may be pro se, although in some types of matters and jurisdictions, an attorney will be required to represent a corporation.

Our local District Court Clerk told us yesterday to:

1) Type a heading almost exactly like the complaint (not the summons) you received, including case number, names, etc.

2) Answer, even with a simple yes or no, each numbered statement on the summons.

3) Make three copies, one for yourself, one for the court, and one for the Plaintiff.

4) Obtain a copy of "Certificate of Service," make three copies (as above), and fill out as if you were delivering or mailing the answer.

5) Deliver or mail the answer to the original Plaintiff, with delivery of service form filled out, probably a law firm in your area.

6) File the answer with the court, and ask if they give a receipt.

7) Since the filing fee has already been paid, this should cost you nothing.

Please let me know how this worked out for you, and I will do the same.

i would say yes but if you read the patriot act it pretty much says "EFF that amendment, theres terrorists out there who don't get a trial so we now dont have to give anyone a trial!" isn't our government geat?! abunch of EFFlords is wut they are.... anyway if you wanna see wut im talkin about look up US constitution vs pstriot act