A lawsuit is defined by the Merriam Webster dictionary as “a process by which a court of law makes a decision to end a disagreement between people or any other organizations”. The lawsuit is a kind of civil action which is brought in the court by the plaintiff who claims to have incurred heavy losses because of the defendant’s exploitative actions which are why the plaintiff demands legal recourse and equitable amount of money for the recovery. The defendant is the person you are going to sue. But before the above discussion, it is really important to know the process of lending money to someone. For example, if you spend the money without any contract then you will not be reimbursed your attorney’s fee unless the contract says that you should. Now suppose if someone owes you money and you cannot get the money back from that person or the company then yes you are left with an option of filing a lawsuit against the defendant. You do have an option of filing multiple lawsuit cases if all the reasons you have against many defendants are well connected.
So to start with the case the plaintiff has to fill a form called summons and a complaint. Summons is a form that consists of the names of the plaintiff, defendant and the court right on top in a box called caption. This form also has index number and case number of the case which you will get from the court along with the address, telephone number, and your signature. This form also asks the reason for sueing the defendant and the amount of money which you have asked for the recovery. It also suggests the defendant demand a complaint or the plaintiff will acquire judgment from the court. So in case, your defendant files a demand for a complaint then you will have 20 days to deliver one to the defendant otherwise the case will be dismissed. Now let’s come on to the complaint form which consists of all the legal papers and the explanation about the entire case you have registered. To start with the case you also have to pay the fee for filing the case and to get your index number or docket number. If you are not able to afford the fee you can ask for a fee waiver.
Now you are all set for the case. Once your papers are well received by the defendant then he/she has 20-30 days to give an appropriate response to the court and the plaintiff. Defendant shouldn’t be considered weak on your part because he/she has all the rights and can present the counterclaims or deny about the legal papers which are not prepared honestly or prepared in the past, so in that case there will be a need for you to substantiate that all the papers and your claims are real. If the defendant does not file any argument or motion then you can call for inquest (hearing for money judgment) and get the money in some particular time frame.
So if you win the case the judgment will be in your favor which means you will get the money you owed but this is also a big task to achieve as by winning the case money is not going to appear magically in your hands. You have to send the constable’s office to get it by describing in great detail about the money which can be found in defendant’s bank account, cash drawers etc. In case if you fail to give this information then constable will figure that out for you and it will get quite expensive for you to recover your money.
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