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.
Broward Florida Complaint and Summons for Balance Due on Credit Card Account is a legal document that is used in the Broward County area of Florida to initiate a civil lawsuit against an individual or entity who has an outstanding balance on a credit card account. This complaint and summons serve as an official notice to the defendant that they are being sued for the unpaid amount, and they are required to respond within a specified period. The Broward Florida Complaint and Summons for Balance Due on Credit Card Account typically includes the following information: 1. Parties Involved: The names and addresses of both the plaintiff (the credit card company or its collection agency) and the defendant (the credit card account holder). 2. Case Details: The case number, court information (including the name of the court and its address), and the assigned judge or magistrate overseeing the case. 3. Basis of the Complaint: A clear and concise statement outlining the legal basis for the lawsuit, including breach of contract, unpaid debt, and the specific amount owed. 4. Account Information: Pertinent details related to the credit card account, such as the account number, the original creditor, and any relevant dates, such as the last payment made or default date. 5. Remedies Sought: The desired outcome sought by the plaintiff, which typically involves the repayment of the outstanding balance, along with any accrued interest, late fees, attorney fees, and other associated costs. It is important to note that there may be variations or different types of Broward Florida Complaint and Summons for Balance Due on Credit Card Account depending on the specific credit card company, collection agency, or legal representation involved. However, the primary purpose and content of the document remain consistent — to inform the defendant of the legal action being taken against them and to provide them with an opportunity to respond or settle the debt before further court proceedings ensue.Broward Florida Complaint and Summons for Balance Due on Credit Card Account is a legal document that is used in the Broward County area of Florida to initiate a civil lawsuit against an individual or entity who has an outstanding balance on a credit card account. This complaint and summons serve as an official notice to the defendant that they are being sued for the unpaid amount, and they are required to respond within a specified period. The Broward Florida Complaint and Summons for Balance Due on Credit Card Account typically includes the following information: 1. Parties Involved: The names and addresses of both the plaintiff (the credit card company or its collection agency) and the defendant (the credit card account holder). 2. Case Details: The case number, court information (including the name of the court and its address), and the assigned judge or magistrate overseeing the case. 3. Basis of the Complaint: A clear and concise statement outlining the legal basis for the lawsuit, including breach of contract, unpaid debt, and the specific amount owed. 4. Account Information: Pertinent details related to the credit card account, such as the account number, the original creditor, and any relevant dates, such as the last payment made or default date. 5. Remedies Sought: The desired outcome sought by the plaintiff, which typically involves the repayment of the outstanding balance, along with any accrued interest, late fees, attorney fees, and other associated costs. It is important to note that there may be variations or different types of Broward Florida Complaint and Summons for Balance Due on Credit Card Account depending on the specific credit card company, collection agency, or legal representation involved. However, the primary purpose and content of the document remain consistent — to inform the defendant of the legal action being taken against them and to provide them with an opportunity to respond or settle the debt before further court proceedings ensue.
