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.
Los Angeles, California Complaint and Summons for Balance Due on Credit Card Account A Los Angeles, California Complaint and Summons for Balance Due on a Credit Card Account is a legal document that outlines a creditor's claims against a debtor for the outstanding balance on a credit card account. This complaint and summons serve as a formal notice to the debtor, informing them of the lawsuit filed against them due to their failure to repay the owed amount. Keywords: Los Angeles, California, complaint, summons, balance due, credit card account, debtor, creditor, outstanding balance, lawsuit, repayment, owed amount. Different Types of Los Angeles, California Complaint and Summons for Balance Due on Credit Card Account: 1. Civil Complaint and Summons: This type of complaint and summons is used in civil lawsuits filed in Los Angeles, California, where the creditor seeks to recover the balance due on a credit card account through legal proceedings. 2. Small Claims Complaint and Summons: In cases where the balance due on a credit card account is relatively small, typically below a certain threshold set by the court, a small claims complaint and summons may be used. This allows for a simplified and expedited process, often without the need for hiring an attorney. 3. Garnishment Complaint and Summons: If the debtor fails to repay the outstanding balance even after a judgment has been made in favor of the creditor, a garnishment complaint and summons may be filed. This legal action allows the creditor to collect payments directly from the debtor's wages, bank accounts, or other assets. 4. Collection Agency Complaint and Summons: When a creditor assigns the collection of a credit card account to a collection agency, the agency may file a complaint and summons on behalf of the creditor. This initiates the legal process against the debtor for the balance due on the credit card account. 5. Default Judgment Complaint and Summons: If the debtor fails to respond or appear in court after being served with a complaint and summons, the creditor may seek a default judgment. This complaint and summons highlight the creditor's claim and the debtor's lack of response, paving the way for a judgment in favor of the creditor. In summary, a Los Angeles, California Complaint and Summons for Balance Due on Credit Card Account is a legal document used to initiate legal proceedings against a debtor who has failed to repay the outstanding balance on their credit card account. These complaints and summons can vary based on the type of lawsuit filed and the specific circumstances of the debt.Los Angeles, California Complaint and Summons for Balance Due on Credit Card Account A Los Angeles, California Complaint and Summons for Balance Due on a Credit Card Account is a legal document that outlines a creditor's claims against a debtor for the outstanding balance on a credit card account. This complaint and summons serve as a formal notice to the debtor, informing them of the lawsuit filed against them due to their failure to repay the owed amount. Keywords: Los Angeles, California, complaint, summons, balance due, credit card account, debtor, creditor, outstanding balance, lawsuit, repayment, owed amount. Different Types of Los Angeles, California Complaint and Summons for Balance Due on Credit Card Account: 1. Civil Complaint and Summons: This type of complaint and summons is used in civil lawsuits filed in Los Angeles, California, where the creditor seeks to recover the balance due on a credit card account through legal proceedings. 2. Small Claims Complaint and Summons: In cases where the balance due on a credit card account is relatively small, typically below a certain threshold set by the court, a small claims complaint and summons may be used. This allows for a simplified and expedited process, often without the need for hiring an attorney. 3. Garnishment Complaint and Summons: If the debtor fails to repay the outstanding balance even after a judgment has been made in favor of the creditor, a garnishment complaint and summons may be filed. This legal action allows the creditor to collect payments directly from the debtor's wages, bank accounts, or other assets. 4. Collection Agency Complaint and Summons: When a creditor assigns the collection of a credit card account to a collection agency, the agency may file a complaint and summons on behalf of the creditor. This initiates the legal process against the debtor for the balance due on the credit card account. 5. Default Judgment Complaint and Summons: If the debtor fails to respond or appear in court after being served with a complaint and summons, the creditor may seek a default judgment. This complaint and summons highlight the creditor's claim and the debtor's lack of response, paving the way for a judgment in favor of the creditor. In summary, a Los Angeles, California Complaint and Summons for Balance Due on Credit Card Account is a legal document used to initiate legal proceedings against a debtor who has failed to repay the outstanding balance on their credit card account. These complaints and summons can vary based on the type of lawsuit filed and the specific circumstances of the debt.
