How do I know what to do if I am served with a Summons and Complaint?
The first thing that you need to do is to determine what you are being sued for, and when your answer to the complaint is due. The best way to understand your rights and the ramifications to you is to contact an attorney. If you are being accused of causing personal injuries as a result of a car accident, and if you have automobile liability insurance, you should contact your insurance company right away. If you are being sued for an action for which you are most likely not insured, such as breach of contract, landlord/tenant dispute, consumer protection violations, an attorney will be able to advise you of your rights and obligations with regard to the lawsuit. Douglas Daum has experience in most areas of civil litigation, including but not limited to personal injury, breach of contract, discrimination, wrongful termination, etc.
Where do I go to file a lawsuit?
It depends on the type of suit you need to file. Different courts have jurisdiction over different kinds of cases. Most civil cases can be filed in the District Courts. However, if the remedy you seek is not monetary but asks for equitable relief, (a cease and desist order, an injunction that stops an action from being taken, etc.), then you must file in the Superior Court. The Superior Court also has jurisdiction over nearly all civil cases, but they also have the right to “remand”, or send a case down to the District Court if the possibility of monetary recovery to the Plaintiff is less than $25,000. Again, the most prudent advice is to retain counsel before starting any action on your own, to avoid mistakes that could cost you your case
Why can't I represent myself?
There is NO requirement that you have an attorney at anytime during a civil suit. You always have the absolute right to represent yourself. No one else, other than a lawyer, may represent you in a court of law. However, there is an old adage that goes something like this: “The man that represents himself has a fool for a client”. However, it is totally up to you!
Who is the "Plantiff" and who is the "Defendant"...Who is the "Petitioner" and who is the "Respondent"?
Plaintiff or Petitioner can be identified as the person or entity that starts the action. The Defendant or Respondent is the person or entity that defends or responds to the action. Different jurisdictions use the terms for different actions. For example, in NH, the term “Petitioner” is most often used for the person who starts the action, which is called the “Petition”. In MA, the term “Plaintiff” is most often used for the person who starts the action, which is called the “Complaint”.
What is Civil Litigation?
Civil Litigation is a lawsuit between two or more people or entities that does not seek criminal sanctions. It is distinguishable from Criminal Litigation, wherein a government agency, such as the State of Georgia seeks to convict an individual of a criminal charge. The remedy sought in Civil Litigation is usually money or a judgment that requires one party to do something or to stop doing something. Civil Litigation encompasses many different kinds of cases, such as landlord/tenant cases, accident cases, breach of contract cases, discrimination cases, business disputes, medical malpractice, etc.
When must I file or respnd to a civil action?
Again, that depends upon the type of case. With regard to the filing of an action, there are time limits called “Statutes of Limitation” which determine the time frame within which certain actions must be filed. A Statute of Limitations is a bar to a suit in the event that the Statute is missed. Different actions are governed by different Statutes of Limitation. For example, if you are an adult suffering from what you believe is medical malpractice, you must file your action within three years of the date that you discovered the “injury”. If you have suffered injuries as a result of a car accident, you have three years from the date of the accident within which to file your action. Again, although these sound like hard and fast rules, many different circumstances may affect the length and applicability of a Statute of Limitations. Therefore, the most prudent thing to do is contact an attorney to make sure that you haven’t missed the statute.
