[dropcap type=”1″]F[/dropcap]illing a case can be a complicated affair, especially if you have never filled a case before. Most cases are started by one party called the plaintiff. The plaintiff starts by filling a complaint with the court. A complaint describes what the plaintiff wants from the court. It is filled at the clerk’s office and it identifies the other party, which is known as the defendant, as being sued.
When a case is filed, the plaintiff issues the defendant with a summons which notifies the defendant that he or she is being sued. A summons also informs the defendant who is suing them and where the case will be held. A summons can be given personally or can be mailed to the defendant.
Here are a few questions which are commonly asked about complaints:
- What must be included in a complaint? A complaint needs to have the names of the plaintiff and the defendant. It should also comply with the rules of the court on how legal documents look. It should have the name of the defendant and the plaintiff. It will also have what the plaintiff wants form the court and why.
- Will you need to give additional information? In some instances, you will be requested to include additional information. Such information will require you to know court laws and the capacity to which you are allowed to sue someone. You will also be requested to give information about your state of mind and that of the defendant.
- Is there a complaint form? Every form is different and if you want to represent yourself, you need to write your own complaint. Remember that complaints are like a story; you need to include even the slightest of information. Everything you write on it will be important.
- Who can help me with my complaint? There are many firms that are willing to help you with your case and all the paper work you need. You can also seek online help from sites such as Naegeliusa where you will be advised on what to do and how to file a case.
- What do you need to attach to your complaint? Anything that you think can help your case should be attached to the complaint. In some cases, your lawyer will advise you on what to attach and what not to include.
- Who should be named as a defendant? Anyone whom you want to sue or file the complaint against should be named as a defendant.
- Wheredo you file a complaint?Where you should file your complaint depends on the type of case and where both the plaintiff and the defendant live.
- How much is the filling fee? The court clerk will charge you a fee when you file your complaint. This fee will be dependent on the type of case you are filing and if you are suing for money, it will be dependent on the amount of money you are suing for.
