To sue in the United States, you must file a complaint (plaintiff application). Writing these kinds of documents is a technical exercise. Many jurisdictions have simplified the process by creating forms to submit to the court. These are standard documents available online. If not, the plaintiff is required to draft the complaint from scratch and that's what we're going to explain in this article.
Before proceeding, you need to realize that legal actions are complex, stressful and time-consuming. So if you can avoid them, don't take anyone to court. If there is a way to resolve the dispute out of court, it is good to resort to it.
Steps
Method 1 of 3: Get Information from Home
Step 1. Look for the legal regulations in force in the state where you live
Keep in mind that each state has its own set of rules. Fortunately, there is some uniformity between state regulations as all are based on British common law, except that of Louisiana. The federal system, known as the "United States District Courts", is a system of its own.
Step 2. Visit a self-help center
Many courts now have self-help centers that people can turn to to prepare their cases. The help you receive at these centers is very useful, but it is likely that those who work within them will not be able to provide you with legal advice. What it can do is help you fill out the complaint form so that it meets the requirements of your jurisdiction.
Step 3. Be aware that there are different types of lawsuits
The two main types that people often face are "bodily injuries" and "breach of contract". This article will focus on the breach of contract lawsuit for non-payment of sums due to a "promissory note".
Method 2 of 3: Roll Out the Complaint (Actress Question and Attached Facts to Support Same)
Step 1. Begin the complaint by writing your name, address and telephone number in the upper left of the document
Some courts require the use of a sheet with numbers marked along the side of the page. It's called "pleading paper" which you can get on the Internet or at most stationery stores.
Step 2. Choose which court to go to
The so-called jurisdiction (the power of a court to validly rule on a dispute) is very broad in state courts. Almost any kind of dispute may be heard in these courts. However, in certain judicial divisions there are limits of a monetary nature that circumscribe the compensation to be awarded. For example, "courts with limited jurisdiction" are those courts through which it is possible to receive a limited amount of money (in California it is under $ 25,000.00). Some states have municipal courts and other ways to narrow down the amount of compensation. Consult with your local court clerk to make sure you choose the appropriate court. As the dollar value of litigation increases, court proceedings tend to become increasingly difficult and lengthy, so always make sure you file your case with the appropriate court.
Step 3. Name yourself as "plaintiff" (plaintiff) and the person you are seeking compensation from as "defendant" (defendant)
If you sue a company and don't know what kind of entity it is, call it "a business of form unknown".
Step 4. Consult the court clerk to see if there are any jurisdictional issues in relation to your dispute
Normally there are none, so you can invoke the jurisdicition on a broad basis, meaning that the court is competent for all disputes not excluded from the discussion.
Step 5. Invoke jurisdiction over the subject of the dispute
Step 6. Invoke jurisdiction over the person
Jurisdiction over the person means that the court has the right to summon the defendants to itself. If all the parties reside in the same state, there is no problem. However, if the defendant resides in a different state, it will be difficult to sue him outside. Unless the promissory note is drafted correctly, you will have to sue the defendant in his state, which could greatly complicate the situation and reduce the chances of getting compensation.
Step 7. Invoke the venue (competent court)
Venue means that you have the right to request that your state court judge.
Step 8. Provide for unknown parts and relationships as needed
Sometimes we don't know all the parts or exact relationships that existed before suing. Many courts allow "Does" (eg John / Jane Doe) to be invoked by way of unknown persons who can be identified later. By invoking "general agency", you essentially claim that you do not know what the relationship between the defendants is, but that they are all on the same level.
Step 9. State what the "cause of action" is
The so-called cause of action (legal action and the underlying facts) is the part in which the judge is told what the cause consists of. Every cause must have at least one. In some courts, the cause of action is called a "count". You must tell the defendant (or defendants), and the court, what you are suing for in sufficient detail so that they can respond to the complaint.
Step 10. Make a "prayer for rielief"
It's about telling the court the compensation you want. For example, in a contractual performance for non-payment of money owed, John may request that the judge rule against Jones Painting, Inc. in the amount of $ 10,000.00. He can also request 3% interest from the time of the loan. on the date of the sentence.
Step 11. Add your signature
Include the date and write your name below the space for your signature.
Step 12. At this time it may be advantageous to declare that the complaint is true, under penalty of perjury
However, it is not essential.
Step 13. Fill in the caption
It involves compiling the information that has been gathered from the various parties to the lawsuit. Note that the judge, the parties and the type of legal action must be listed. Also, note that the case number should be left blank. The court clerk will fill it in when the lawsuit is filed.
Method 3 of 3: Embed the Process
Step 1. Take the summons to the court clerk when you intend to file the case
It will be "released" at the same time. The summons notifies the defendant (or defendants) that he is being sued.
Step 2. File the documents to start the civil case
You can send them to the court, but it's best to take them personally if you have the chance. This will not only speed up the process, but you can fix any problems that may be preventing the submission of documents. Identify the court clerk's office and the times when the summons can be filed. Sign it, make at least 3 copies and with these and a checkbook go to the court, because you will have to pay a fee for the deposit. If you are destitute, you may be eligible for a payment waiver.
Step 3. The documents to start the case have now been filed
Now you just have to notify them to the defendant (or defendants).
