When I was served for the first time, I didn’t know what I was doing and I went to a Message Board for help. I asked a few questions and got all wrong answers. I ended up researching for countless hours and reading my court rules over and over again until I fully understood them. […]
Some courts charge fees to answer your Complaint while others do not. You need to check your local court rules. If your court does charge fees for answering your Summons or for Motions, most allow you to fill out a waiver of fees form. Use a search engine or go to your clerk’s office and […]
After being served, your Summons will state how many days you have to answer the Complaint. The Complaint should have been attached to the court Summons. The Complaint lists the counts against you and how much the plaintiff is demanding from you should they get their judgment. The Summons itself tells you that you have […]
When a summary judgment is filed against either the defendant or plaintiff, each party is allowed to motion the court with a response and opposition to the summary judgment. Defendant’s response and opposition to plaintiff’s motion for summary judgement When dealing with a summary judgment, the defendant can write up an opposition to the plaintiff’s […]
This is all done through Discovery. So, once you file your answer and have denied all of the counts against you, you can then start Discovery. You would request documents from the attorney during this Discovery process. If you have already sent out Discovery and the plaintiff or law firm has not responded in the […]
You have to be very careful when receiving a summons and looking over the suit. There will be some tricky questions listed that they’ll use to try and trip you up. The plaintiff’s attorney is going to put them in there on purpose and word them in such a way that you could easily mistake […]
These are the same laws lawyers use every day to defend people who are being sued for a debt, and they are very easy to understand and use. You just have to know where to look for these laws, find them, and start reading. This is not rocket science, but merely information that’s new to […]
A credit card complaint is attached to the Summons of your lawsuit. The Complaint would list numbered paragraphs with each paragraph stating a count against you and listing facts according to the plaintiff. For example, here is my complaint from Capital One Bank. This is the exact complaint given to me by Capital One in […]
“An account stated has been defined as an agreement between parties who have had previous transactions, that the account representing those transactions is true and that the balance stated is correct, together with a promise, express or implied, for the payment of such balance.” McHugh v. Olsen, 189 Ill.App.3d 508, 514, 545 N.E.2d 379 (1st […]
Below is the link for Alabama Rules of Civil Procedure: Click here for Alabama Rules of Civil Procedure I. SCOPE OF RULES — ONE FORM OF ACTION Rule 1. Scope of rules. Rule 2. One form of action. II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS Rule 3. Commencement of action. Rule […]