Types of Summons and Complaints

The Notice of Lawsuit can be one form of civil lawsuit that a plaintiff must file if they are suing. The Notice of Lawsuit acts as the plaintiff’s formal warning to the party that they have legal grounds for a lawsuit. The Notice of Lawsuit can be filed in either the county in which the lawsuit is pending or in the state where the defendant resides. Most attorneys will ensure that their client’s file the appropriate notice with the appropriate county and state courts. The attorney may also make sure that the requisite forms and paperwork are filed with the clerk of court in the state in which the case is filed.

The summons is the first part of the lawsuit document. The summons issued by the court is a copy of the complaint that is served on the defendant. The plaintiff has 30 days to answer whether or not they accept the summons and if they do, they must appear and answer the complaint.

The defendant is then required to respond to the complaint and if they do not, they risk having the case dismissed. If they accept the summons, they must respond formally and in writing denying all claims made against them. The papers required to respond to the complaint and answer are typically filed with the clerk of court. Some plaintiffs seeking monetary compensation will request a waiver of opposition to the complaint. A waiver of opposition is often included with the summons.

There are a few instances where a plaintiff may not need to waive their rights before a court. In a criminal case, a defendant is presumed innocent until proven guilty. However, in civil cases, there may be instances where a defendant is not innocent but has been subjected to improper conduct, such as false arrest or invasion of privacy. If a plaintiff is able to show that the defendant has engaged in improper conduct, a waiver of their right to proceed would be appropriate.

For example, if a person is being abused physically or psychologically by their spouse, there may be a case for divorce. The spouse may not be aware that the conduct constitutes domestic violence, but the husband or wife can still have a case for battery because the act was committed against them. Similarly, in instances where there is negligence on the part of a business or company, a claim for negligence or breach of warranty may arise. If the corporation cannot demonstrate that the plaintiffs’ complaint is frivolous, the plaintiff is not required to consent to a withdrawal of the complaint prior to service.

Note that if the summons and complaint do not follow the proper procedure, the plaintiff may be unable to obtain the services of an attorney. This is due to the fact that the United States Constitution guarantees the right to legal representation. If the plaintiff cannot afford to hire an attorney, the court will typically enter a default judgment against the plaintiff and proceed with the eviction of the defendant from the premises. There are a number of reasons as to why this may occur, but it is always a better option to consult a qualified attorney who can review the complaint and make sure that the summons and complaint follow all of the necessary laws.