Civil Process

No they do not. Georgia does not have reciprocity with Florida

Not usually in either a criminal or civil matter. But there are, as in almost every legal matter exceptions. If your state allows the recording of one person private conversations (very few do). Or the so called evidence is obtained via voice mail in which the person would or should be aware of the consequences of relaying such information.

The answer to a civil suit is known as a "first pleading". The defendant answers each charge as a denial or an acceptance. Example: A first defense and the best defense would be that "The plaintiff fails to state a claim against the defendant which could be granted relief under existing statutes" (meaning the debt itself is not valid/owed). The next best defense would be "If the defendant is indeed indebted to the plaintiff for reasons stated in the complaint, he/she is indebted to them jointly with_____" (meaning the plaintiff did not bring suit against all parties who owe the debt). An so on and so forth. It is not necessary for the defendant to concern themselves with the use of "legalspeak" (legal terminology), but conciseness is the best choice. The defendant should always bear in mind that they are presumed to be under oath and should under no circumstances impart any information that is not truthful. Please be advised, failure to appear at the trial (or hearing) can result in a default judgment being entered against the defendant/debtor Copies of your response should be sent to the plaintiff's legal counsel and to the office of the clerk of the court where the summons was issued. The contact information can be found on the summons. The correspondence should be sent by certified mail with a receipt requested.

For most pleadings in Indiana, you have 20 days after you receive the complaint to respond with your answer; as defined by Indiana Trial Rule 6(C). However, some specific types of pleadings require a response within 10 days (see T.R. 6).

It is always advisable for the defendant to retain legal counsel or at least seek legal advice to be assured that all his or her rights are protected.

Civil suits are filed in civil court in the city or county where the defendant resides, whether the plaintiff is a creditor or the *"injured" party.

The time frame between the filing of a suit and when it is heard varies greatly between jurisdictions. Most state courts have backlogs of civil suits that being the case such matters might take years before they are resolved.

The time in which a creditor has to file suit against a debtor is regulated by the statute of limitation laws of the state where the debtor resides.

They are extemely damaging to ones credit history and financial status. Judgments will remain on a CR for seven years and will if they have been executed as a lien they will continue to accrue interest until they are paid which means the debtor can end up owing much more then the original debt. If a judgment is renewable (and most are) it can be again entered on the debtor's CR creating even more credit problems.

Yes. The US legal system allows any citizen to file suit against any other individual and/or entity. The only criteria is the suit cannot be frivolous in intent. Please be advised, the outcome of any civil suit is never a "sure thing". The plaintiff should be well informed of what is necessary to prevail and the consequences resulting in losing such action.

Rule 41(b) is one of the Federal Rules of Procedure for lawsuits in the federal courts. It deals with Involuntary Dismissals. This rule provides that if a plaintiff fails to prosecute his/her claim or to comply with the Rules or orders of the Court, the defendant may ask the court to dismiss the complaint. Under the right circumstances if the plaintiff cannot or will not move the case forward or obey a rule or order, the court can dismiss the case. Under the federal rules, this type of dismissal operates as an adjudication on the merits and is a dismissal WITH prejudice unless the order specifically says that the dismissal is without prejudice. If the court order says "dismissed pursuant to Rule 41(b)", then it may not be reinstated. If the order says "dismissed without prejudice pursuant to Rule 41(b), then it may be reinstated.

An abstract of judgment is a document produced by a court that describes the judgment rendered in a case. If you own real property it can be recorded in the land records and will become a lien against your property. You cannot sell or mortgage the property until the judgment lien is paid. Interest will accrue at a statutory rate until then. If the creditor can locate any bank or investment accounts that you own the judgment can be served on the institutions and your accounts will be frozen until the judgment is paid. A sheriff could sieze any personal property you own such as a boat or motor vehicle.

In some states, if a defendant refuses to admit to certain facts in a request for admissions, the defendant might have to pay the costs incurred by the other party in gathering evidence to prove those facts if the defendant had no reasonable basis for not admitting to them.

If the creditor gets a judgment against an incorporated business, then yes.

If the business is a sole proprietorship, then it is a bit more complicated. Certain property of an individual debtor cannot be taken by creditors. This includes money earned for personal services within the past 60 days to support the debtor and his or her family. If that is all that is in the account, then it cannot be levied upon.

The reality is that creditors often take first and ask questions later. Most people don't challenge it because they don't believe that they can afford an attorney. The truth is if a creditor is illegally seizing funds that cannot be taken (or funds that don't even belong to the debtor, for example, if they seize funds belonging to a spouse in a joint account), then the law makes the creditor pay the attorney fee. If this happens to you, do not hesitate to contact a lawyer to find out what your rights are.

First you need to identify the venue to file in. This would be the civil court that handles civil issues in the city which you are suing in. For instance, if you lent money to a friend who is in another city than you, then the venue you file in is the city the transaction took place. Filing in the wrong venue means you have to start all over again. Once you identify the venue go to the small claims court and pick up a small claims form for the plantiff (you). Fill out the form and have the court clerk verify it is complete, correct, and pay your court fees. You then have to serve the defendant (the person you are suing) a copy of your case (the forms you just filled out). The court clerk will be able to help you. Some states have very strict guidelines as to how a person can be served. If it is not done properly you have to start over. You don't want to get to court and find out that the defendant was improperly served and have your case thrown out. Online court documents can be found on the courts website.

No. Federal Rules of Civil Procedure 7(a) defines pleadings:

(1) a complaint;

(2) an answer to a complaint;

(3) an answer to a counterclaim designated as a counterclaim;

(4) an answer to a crossclaim;

(5) a third-party complaint;

(6) an answer to a third-party complaint; and

(7) if the court orders one, a reply to an answer.

Strictly speaking, then, nothing else is a pleading. But many lawyers call just about anything that they file in court a pleading. Even then an order would not be a pleading because an order is issued by the court.

My sister has written a letter to my other sister with a lot of lies about me. She has been telling these lies for over twenty years, these lies have caused me untold anguish, has alienated my two oldest sons. I believe these lies may have had something to do with my husband being shot to death by my nephew. This happened over twenty years ago. I have never had proof of these lies before but now I do thanks to the letter.

Yes, in most cases a person can counter sue or counter claim. Of course you need to check with you specific legal jurisdiction.

Notwithstanding that caveat, if what you are asking is "can I sue someone for having sued me", generally, the answer is "yes." A defendant may counterclaim or file a claim in the same cause against the Plaintiff for "malicious prosecution in a civil matter," (or something to that effect based on the jurisdiction of the law.)

You can also sue under a different set of facts or understanding. I.e. Joe sue Anne alleging that Anne owes Joe $10,000 for back rent. Anne could also Sue Joe alleging that he owes her $2,000 to finish the bathroom renovation. Anee withheld the $10,000 as payment for the bathroom renovation. These are two separate, yet connected cases.

When the counterclaim arises from the same transaction or occurrence as the main claim, it is generally referred to as a "compulsory counterclaim", or words to that effect. It is significant, because if the claim is not asserted as a counterclaim, many jurisdictions will prevent it from being brought as a separate lawsuit. In contrast, if a claim exists against the same party, but arises from a different transaction or occurrence, it generally may, but does not have to be asserted within the main claim-it may be brought as a separate action. Again, it is important that the law of the jurisdiction be researched to determine governing rules.

Unfortunately, such a cause of action usually cannot be heard until the original matter has been heard. The burden is still on the party who brings a cause of action to prove that cause of action. That means, the Defendant would have to show all the necessary elements to prove malicious prosecution of a civil matter.

As an aside, many attorneys will expressly request sanctions against another party for frivilous or vexatious litigation.

that's judicial

We had a ton of infrastructure that could now be turned to the production of consumer goods, including cars and televisions.

You need to return to the court that issued the child support order and use the court's system of child support collection. There should be staff to assist you.

You need to return to the court that issued the child support order and use the court's system of child support collection. There should be staff to assist you.

You need to return to the court that issued the child support order and use the court's system of child support collection. There should be staff to assist you.

You need to return to the court that issued the child support order and use the court's system of child support collection. There should be staff to assist you.

Fines are only levied in criminal cases. Slander is a civil suit and no fine or jail time can be imposed.

However the person who was slandered could be awarded money for emotional distress,defamation of charactor or other damages that they incured from your slander Which you would be responsible to pay them for.

An order to compel a public official to either perform or not perform is a Writ of Mandamus. When bringing the action against a federal official, it law can be found in 28 U.S.C. section 1361. However, if the action is to be brought against a state official, you must check the state's law and bring the action in the court with the proper jurisdiction. Additionally, a Writ of Mandamus cannot be used to compel an official to do something he or she is not stautorily required to do.

- Graduating Law School Student - New York

There is no sample "answer letter for a civil summons", because an Answer, as a pleading is governed by the rules of the court in which the Answer is filed. The exact form of an Answer could be different in each of the 50 state and federal court systems. Also, to be precise, one answers the allegations in the complaint, as opposed to the summons which makes no allegations against the defendant.

Nevertheless a guide to answering a civil complaint is to reply to each numbered allegation one by one. Your reply will say either that you admit or deny the allegations in each paragraph x. If there are allegations where you are not certain whether to admit or deny based on the facts, you would reply that you neither admit nor deny the allegations in paragraph x, but leave plaintiff to its proofs.

Generally, you must use separate paragraphs corresponding to the paragraphs in the complaint. One is not supposed to make a general denial where a defendant writes that he denies all of the allegations of the complaint.

The purpose of a pre-trial conference is to look at the totality of the evidence to be adduced in the trial together with the pleading. That would ensure that the issues are considered and condensed in pre-trial conference minutes. ( Smith v Min Sik Pak [2008] FJHC 354 )

It is not so much that a trial in a civil case requires a jury, as it is that in some categories of civil cases, a jury trial may be had as a matter of right. That said, a party has to request a trial by jury; if no request is made, a bench trial is had. If the plaintiff wishes a jury trial, the request is generally made within the body of the complaint (or whatever the initial pleading is called in the jurisdiction). If the defendant wishes one, the request is usually made within the body of the answer.

A plaintiff may request a jury because he/she/it believes that the jury will look kindly upon his/her/its plight. If money damages are sought, jury awards may also tend to be higher than those awarded by a judge. (in a bench trial). A defendant may request a jury trial because in any civil case, the plaintiff has the burden of proof, and the defendant may believe that the plaintiff will be unable to sufficiently convince a jury of the rectitude of its position.