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.
Keywords: Oklahoma Complaint and Summons, Balance Due, Credit Card Account Detailed Description: An Oklahoma Complaint and Summons for Balance Due on a Credit Card Account is a legal document that is filed by a credit card company or creditor against an individual who has failed to make timely payments on their credit card balance. It serves as a legal notice to the debtor, informing them of the lawsuit being filed against them and the amount of money they owe. The complaint usually outlines the details of the credit card account, including the name of the creditor, the account number, and the outstanding balance. It also states the specific reasons for the complaint, such as the debtor's failure to make payments as required by the credit card agreement. The complaint may also mention any additional fees or interest that have accrued on the account. The summons portion of the document informs the debtor that they are required to respond to the complaint within a specified period, typically within 20 to 30 days. It provides instructions on how to respond, either by filing a written response with the court or attending a scheduled court hearing. There may be different types of Oklahoma Complaint and Summons documents based on the specific credit card company or creditor filing the complaint. Some possible variations could include: 1. "Oklahoma Complaint and Summons for Balance Due on Chase Credit Card Account" 2. "Oklahoma Complaint and Summons for Balance Due on Bank of America Credit Card Account" 3. "Oklahoma Complaint and Summons for Balance Due on Capital One Credit Card Account" These variations occur because different creditors may have different procedures and protocols for filing complaints and summoning debtors. In conclusion, an Oklahoma Complaint and Summons for Balance Due on a Credit Card Account is a legal document filed by a creditor against a debtor who has failed to make payments on their credit card balance. It informs the debtor of the lawsuit and provides instructions on how to respond. Different types of complaints and summonses can exist based on the specific creditor involved.Keywords: Oklahoma Complaint and Summons, Balance Due, Credit Card Account Detailed Description: An Oklahoma Complaint and Summons for Balance Due on a Credit Card Account is a legal document that is filed by a credit card company or creditor against an individual who has failed to make timely payments on their credit card balance. It serves as a legal notice to the debtor, informing them of the lawsuit being filed against them and the amount of money they owe. The complaint usually outlines the details of the credit card account, including the name of the creditor, the account number, and the outstanding balance. It also states the specific reasons for the complaint, such as the debtor's failure to make payments as required by the credit card agreement. The complaint may also mention any additional fees or interest that have accrued on the account. The summons portion of the document informs the debtor that they are required to respond to the complaint within a specified period, typically within 20 to 30 days. It provides instructions on how to respond, either by filing a written response with the court or attending a scheduled court hearing. There may be different types of Oklahoma Complaint and Summons documents based on the specific credit card company or creditor filing the complaint. Some possible variations could include: 1. "Oklahoma Complaint and Summons for Balance Due on Chase Credit Card Account" 2. "Oklahoma Complaint and Summons for Balance Due on Bank of America Credit Card Account" 3. "Oklahoma Complaint and Summons for Balance Due on Capital One Credit Card Account" These variations occur because different creditors may have different procedures and protocols for filing complaints and summoning debtors. In conclusion, an Oklahoma Complaint and Summons for Balance Due on a Credit Card Account is a legal document filed by a creditor against a debtor who has failed to make payments on their credit card balance. It informs the debtor of the lawsuit and provides instructions on how to respond. Different types of complaints and summonses can exist based on the specific creditor involved.
