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Can a lawsuit be filed if defendant is being investigated by United States secret service?
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State the name of the document used to commence a civil lawsuit against a defendant?
In the United States federal court system, the document used to initiate a civil lawsuit against a defendant is called a complaint. In the state court systems, this document is usually called a petition.
Do you have to be served in person?
Not in creditor lawsuit. It is a myth that the defendant must be served directly with the summons. In some cases certified mail is used or a courier service or an officer of the court. The critieria is simply that the court must make a conserted effort to serve the named person. The lawsuit will continue even if the person cannot be found or refuses to accept the summons. The situation is somewhat different if the suit is for something such as a personal injury, although default laws in some states allow the suit to be heard with the non compliant defendant retaining his or her appellate rights.
Can a car company receive a civil judgment against you without notification by certified mail or being served by a sheriff?
The exact legal method for service of a lawsuit will vary by state, but every state has requirements that require notice of the lawsuit to be served on the person. Notice and an opportunity to be heard are basic due process rights. In some cases like eviction lawsuits, service by "nail and mail" might be sufficient. In one case, I had a defendant who was evading service and I got a court order for service by publication in the newspaper. Some states allow "substituted service" by giving the papers to someone you live with. Also, most states allow just about anybody over the age of 18 to serve legal papers. It is also possible that somone could mistakenly serve someone they thought was you. Or someone could falsely say they serve you. Whatever you do, don't ignore a lawsuit just because it may have been improperly served.
How do you answer the 'first pleading' to a lawsuit summons from a debt collector?
The defendant should respond in concise and clear manner to all the charges that are outlined in the suit. For example, the defendant should state whether he or she is indeed liable for the debt for which they are being sued. Be certain that any statement given is truthful to the best of your knowledge, as the respondent is considered to be under oath and subject to the penalties of perjury. Please be advised that the defendant is not legally required to respond to a summons but by not doing so he or she acknowleges that the lawsuit is valid. In some states the failure to respond results in a judgment being entered in favor of the plaintiff.
How do you reply to a credit card summons?
If this is a reference to a summons received from the court that a lawsuit has been filed by a creditor or collector, it is best to obtain legal counsel. If that is not an option, the defendant should be certain they claim all property exemptions allowable under the laws of the state where they reside. If the defendant is a homeowner be certain the homestead exemption has been properly filed. In some states the homestead exemption is automatized under state statutes and does not need to be filed. State and/or federal bankruptcy exemptions also apply to lawsuit judgments for protecting a defendant's property from creditor attachment.
Who sentences the defendant in most states?
The judge.
How do you legally remove a judgment that you were not served notification of?
The involved party may be able to file an appeal in the court where the judgment writ was issued. The person filing the appeal will need substantiating evidence that a reasonable attempt to serve notice of the lawsuit and the judgment that was awarded to the plaintiff was not made. In many states it is not necessary for the defendant to physically accept a summons. In some states a summons may be sent by registered mail. There is also the possibility the debt was sent to arbitration thereby circumventing some of the legal steps in obtaining a judgment. The failure of the defendant to respond results in a default verdict, meaning the defendant has lost the case. The state laws will determine if the time limit for an appeal has expired. If an appeal is possible, a judge will hear the defendant's argument, review any evidence and render a decision as to the validity of the lawsuit and/or judgment.
What is a civil complaint?
A complaint is signed by the attorney; a verified complaint contains an additional verification page signed by the plaintiff which is notarized. A verified complaint requires a verification page signed by the defendant.
What does it mean when you receive a SUMMONS?
The summons is the document that officially starts a lawsuit. It must be in a form prescribed by the law governing procedure in the court involved, and it must be properly served on, or delivered to, the defendant. If the prescribed formalities are not observed, the court lacks authority to hear the dispute. In the federal district courts, the summons is prepared by the attorney for the plaintiff and given to the clerk of the court where the case will be heard. When the plaintiff's complaint, setting out his claim, is filed with the court, the clerk signs the summons and gives it and a copy of the complaint to a U.S. marshal or to someone else appointed to serve the papers. Once the summons and complaint are served on the defendant, she must respond to them within twenty days or whatever other time the court allows. Some states follow this same procedure, but other states allow service of the summons and complaint by delivery directly to the defendant. In those states, the lawsuit is considered begun as soon as the defendant receives the papers, even though nothing has yet been filed with a court. Actions commenced in this way are sometimes called "hip pocket" suits
When defendant and plantiff live in different states In which state is the court case held?
The state in which the alleged incident occurred.
What are some ways states are implementing tort reform?
One of the ways states are implementing tort reform is the way the attorney fees are paid when a lawsuit is lost. When a lawsuit is lost the person bringing the lawsuit is responsible for all attorney fees.
Can a request for default judgment be filed if there was no summons?
There can be no judgment of any sort unless the lawsuit has been filed and "heard" in accordance with state statutes. Often the defendant debtor believes they have not been legally served because the civil summons was not physically placed in their hands. In the majority of U.S. states that is not a requirement. A civil summons can be hand delivered in several ways (process server, courier such as FedEx, etc.) or it can be sent as registered mail via U.S.Postal service. The premise for such action is that a "reasonable attempt" needs to be made to inform the defendant that he or she is being sued. If the named person cannot be found and/or he or she refuses delivery of said summons the lawsuit will go forward under the default laws. In such instances a default judgment can legally be filed. The defendant does have the right to contest the validity of said judgment to have it quashed. But unless it can be proven that the required notification procedures were not followed the judgment will stand.
