Filing a Complaint or Petition
Any complaint or petition for relief in a court must be filed within the statutory time limit (Statute of Limitations). These statutes vary from state to state. These statutes also vary depending on what your cause of action is. For example, in many states, the statute of limitations regarding a cause of action for breach of contract is three years, while the cause of action for an intentional tort, like slander, is one year.
A complaint is a general statement of the plaintiffs claim. The complaint must describe the actions that led to the claim of a violation (i.e., violation of rights). The claim can be for money damages. It could also be a claim for equitable remedies like specific performance (e.g., court forcing a party to abide by a contract) or an injunction (e.g., stopping a person from doing something). The complaint must establish jurisdiction of the court in which it is filed. For example, if the complain is filed in federal court, it must show diversity of citizenship or that a federal statutory or constitutional question is involved.
Service of Process
This generally involves attaching a copy of the complaint to a summons which is served on the defendant. The summons explains to the defendant what is going on and certain rights that that the defendant has. The summons explains:
o That the defendant is being sued;
o The name of the Court in which he is being sued;
o When he must file an answer; and
o The fact that a default judgment will be entered if no answer is filed.
The summons (or process) is delivered by an office of the court. In many state courts, this can be a deputy sheriff or a professional process server. Deputy Marshals or process servers are used in federal court. Constables are used in justice court of some states. In exceptional circumstances, when the defendant can not be found, service may be made by publication in a newspaper.
The summons must normally be served on the individual defendant. Some states allow service on a member of defendants household if the defendant is not available. A plaintiff must serve a corporate defendant by serving the registered agent or an appropriate officer of the corporation.
New Mexico Complaint and Summons for Balance Due on Credit Card Account is a legal document filed by a creditor to collect the outstanding balance on a credit card account. This document initiates a lawsuit against a debtor in an attempt to secure payment for the debt owed. Here is a detailed description of the New Mexico Complaint and Summons for Balance Due on Credit Card Account, along with its possible variations: 1. New Mexico Complaint and Summons for Balance Due on Credit Card Account: This document outlines the creditor's claim against the debtor for the unpaid balance on a credit card account. It includes detailed information about the creditor, debtor, account number, outstanding balance, and the basis of the claim. 2. New Mexico Complaint and Summons for Balances Due on Multiple Credit Card Accounts: In some cases, a debtor may owe balances on multiple credit card accounts with the same creditor. In such instances, the creditor may file a single Complaint and Summons for all the outstanding balances collectively. This allows the creditor to streamline the legal process and seek recovery for all the debts at once. 3. New Mexico Complaint and Summons for Balance Due on Defaulted Credit Card Account: When a debtor fails to make timely payments or defaults on a credit card account, the creditor may opt to file a Complaint and Summons specifically for a defaulted account. This type of Complaint and Summons highlights the debtor's non-payment history and any relevant breach of contract terms. 4. New Mexico Complaint and Summons for Balance Due on Charged-off Credit Card Account: If a credit card account has been charged-off by the creditor due to non-payment, the creditor may file a Complaint and Summons to pursue collection of the outstanding balance. This type of Complaint addresses the charged-off status of the account and presents evidence of the outstanding debt. 5. New Mexico Complaint and Summons for Balance Due on Disputed Credit Card Account: In certain situations, a debtor may dispute the charges or the balance on a credit card account. If the creditor chooses to pursue legal action, a Complaint and Summons for balance due on a disputed credit card account may be filed. This document lays out the creditor's side of the dispute and seeks the court's intervention in resolving the matter. Overall, the New Mexico Complaint and Summons for Balance Due on Credit Card Account is a legal tool used by creditors to initiate legal action against debtors who owe outstanding balances. It serves as a formal notice to the debtor about the lawsuit and provides an opportunity for the debtor to respond or negotiate a settlement before proceeding to court.
