This article provides a general overview of different litigation stages to help with basic understanding of what happens in a lawsuit. A plaintiff begins a lawsuit by filing a complaint. In numbered paragraphs, the complaint will explain the jurisdiction what court has the power to hear the case , venue where the lawsuit may be filed , claims or counts for example, breach of contract or negligence , and damages how much money the plaintiff wants from the defendant in a case. The complaint will ask for a jury if the plaintiff wants a jury trial.
Where the complaint is filed depends on the dollar amount of the claimed damages, the type of claims, and where the parties live or do business.
The person sued, the defendant, must respond to the complaint within a deadline set by the applicable rules or a default will enter. A defendant may respond in an answer that admits or denies each of the plaintiff's allegations in the complaint. The answer will list defenses and counter-claims or cross-claims against the plaintiff or other defendants.
The answer will state whether the defendant wants a jury trial. The case will then continue. Sometimes a defendant may respond by filing a motion in lieu of an answer, which seeks immediate dismissal of all or part of the complaint. The judge will grant or deny the motion, and the case will either be dismissed or continue and the defendant will answer the complaint.
Alternatively, the parties may appeal the judge's decision on the motion. The judge will issue a scheduling order for each case, setting important deadlines for when the parties may exchange information, file motions, or go to trial.
Discovery is the time period where the parties request and obtain information from each other. If your case has resulted in a court order requiring the other party to abide by certain requirements or restrictions, as long as the party does anything that it is affirmatively obligated to do, and refrains from any behaviors in violation of the order, then there is little that you will need to do on your end. If your case resulted in a monetary judgment then you should expect to receive that payment from the opposing party.
You may need to go through some logistical hurdles to coordinate receipt of that payment but the process should ideally not be too burdensome. One thing you should be aware of in the event of a monetary payment is the possibility of tax consequences for the payment you receive. This depends entirely on the reason for the payment and you will want to consult with a tax advisor directly to determine whether you have any reporting obligations to the IRS.
When this happens, you will need to take additional action to get the money that you are entitled to. If the judge grants your motion, the case is dismissed and over. If the judge denies your motion, you have ten days to file an answer. Like a motion to dismiss, a motion for a more definite statement postpones your time to file an answer.
You have the option of suing the plaintiff on your own claims. Compulsory counterclaims. Permissive Counterclaims. You can assert it in a separate lawsuit. If you do nothing, the plaintiff can — and probably will! You may have other options as well. The best way to evaluate your options is to speak to a lawyer. An attorney might be able to identify defenses that apply to you or even help you settle your case out of court.
If you decided to file an answer or motion with the court, the Self-Help Center might have a form to help you. You'll need to use the form for the correct court. Look at the summons and complaint you received. On the first page of the summons or complaint, there's a "caption" heading.
That caption should indicate which court the case was filed in district or justice. For information on how to fill out legal forms, click to visit Basics of Court Forms and Filing.
You can pay the filing fee by cash, Visa, Mastercard, ATM or debit card, money order, or cashier's check. Current filing fees are:. If you are unable to pay the filing fee, you can file an Application to Proceed in Forma Pauperis sometimes called a "fee waiver application" , which is available for free at the Self-Help Center.
You can also download the form on your computer by clicking one of the formats underneath the form's title below:. There is an automated interview for applicants filling out the District Court Fee Waiver. This interview will complete the fee waiver forms for you after you answer a series of questions. At the end of the interview, you will have to print your forms, sign them, and file them. This interview will only generate the District Court Fee Waiver forms. Keep reminding the creditor during your case.
If you are collection proof tell the creditor. Even if you do not have the money to pay the debt, always go to court when you are told to go.
A creditor or debt collector can win a lawsuit against you even if you are penniless. The lawsuit is not based on whether you can pay—it is based on whether you owe the specific debt amount to that particular plaintiff. Even if you have no money, the court can decide:. The judge has already decided that you owe money to the plaintiff.
The judge has not decided how you are going to pay the plaintiff back. The creditor has to follow a second step to collect the money you owe. They will hire a sheriff or a constable. The sheriff or constable will bring you a copy of the execution and take your car or put a lien on your house. If you are collection proof, the creditor cannot take any of your assets or income even though they have a judgment against you. If some of your stuff or some of your income is protected by exemptions, you need to know what and how much so that you can make sure that it is not taken from you.
If you know what exemptions protect your income or things , you can tell the judge and the judge will not order you to pay from those assets and income. The plaintiff and the judge will probably ask you again and again if you can pay anything towards the debt. They will also ask if you are willing to enter into a repayment plan. A repayment plan is an agreement with the creditor that you will pay back the debt by paying a set amount every month.
If the agreement is made into a court order and you do not pay back the amount you have agreed to pay, you could be in violation of the court order. Only agree to a repayment plan if you really agree.
0コメント