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.
The Wisconsin Complaint and Summons for Balance Due on Credit Card Account is a legal document used in the state of Wisconsin to initiate a lawsuit against a debtor who owes an outstanding balance on a credit card account. This complaint and summons serve as a formal notification to the defendant that legal action has been taken against them to collect the amount owed. Keywords: Wisconsin, complaint, summons, balance due, credit card account, lawsuit, debtor, outstanding balance, legal action, collect, amount owed. There are various types of Wisconsin Complaint and Summons for Balance Due on Credit Card Account, which include: 1. Original Credit Card Issuer Complaint and Summons: This type of complaint and summons is filed by the original credit card issuer against the debtor who has failed to make timely payments or has defaulted on their credit card account. 2. Debt Collection Agency Complaint and Summons: When a credit card account is sent to a debt collection agency for collection, this type of complaint and summons is filed by the agency on behalf of the original creditor. It aims to recover the outstanding balance from the debtor. 3. Third-Party Debt Buyer Complaint and Summons: In cases where a credit card account has been sold or assigned to a third-party debt buyer, this type of complaint and summons is filed by the buyer. The buyer seeks to collect the balance due on the credit card account that they have acquired. Regardless of the type, the Wisconsin Complaint and Summons for Balance Due on Credit Card Account initiates the legal process to collect the outstanding debt. It outlines the details of the debt, the reasons for the lawsuit, the amount owed, and provides the defendant with instructions on how to respond to the complaint within a specified timeframe. Failure to respond appropriately can result in a default judgment being entered against the debtor.The Wisconsin Complaint and Summons for Balance Due on Credit Card Account is a legal document used in the state of Wisconsin to initiate a lawsuit against a debtor who owes an outstanding balance on a credit card account. This complaint and summons serve as a formal notification to the defendant that legal action has been taken against them to collect the amount owed. Keywords: Wisconsin, complaint, summons, balance due, credit card account, lawsuit, debtor, outstanding balance, legal action, collect, amount owed. There are various types of Wisconsin Complaint and Summons for Balance Due on Credit Card Account, which include: 1. Original Credit Card Issuer Complaint and Summons: This type of complaint and summons is filed by the original credit card issuer against the debtor who has failed to make timely payments or has defaulted on their credit card account. 2. Debt Collection Agency Complaint and Summons: When a credit card account is sent to a debt collection agency for collection, this type of complaint and summons is filed by the agency on behalf of the original creditor. It aims to recover the outstanding balance from the debtor. 3. Third-Party Debt Buyer Complaint and Summons: In cases where a credit card account has been sold or assigned to a third-party debt buyer, this type of complaint and summons is filed by the buyer. The buyer seeks to collect the balance due on the credit card account that they have acquired. Regardless of the type, the Wisconsin Complaint and Summons for Balance Due on Credit Card Account initiates the legal process to collect the outstanding debt. It outlines the details of the debt, the reasons for the lawsuit, the amount owed, and provides the defendant with instructions on how to respond to the complaint within a specified timeframe. Failure to respond appropriately can result in a default judgment being entered against the debtor.
