TABLE OF CONTENTS

Drafting My Complaint

What Other Forms Do I Need?

Filing My Complaint

What Happens Next?

GLOSSARY

LEGAL TERMS

AFFIDAVIT/DECLARATION

A written statement of facts under oath, by a party. Can also be referred to as a declaration.

AMENDMENT

Making a change in the complaint, answer or countercomplaint.

ANSWER

Response filed by the defendant contesting all or part of the plaintiff's claim and/or providing an affirmative defense.

APPEAL

A request by either party to take a case to a higher court for review. No new evidence may be introduced in the appellate court. The reviewing court only considers whether errors occurred during the prior proceedings.

COMPLAINT

The legal document, also known as a pleading that initiates a civil lawsuit. It states facts and identifies the action the court is asked to take.

CORPORATION

A legal entity created under state law most commonly intended to be in business.

COUNTERCLAIM

A claim made by a defendant in a civil lawsuit against the plaintiff, included within the Defendant's Answer to the Plaintiff.

DAMAGES

An amount of money that may be recovered in the courts by any person who has suffered loss, detriment, or injury through the unlawful act, negligence or intentional conduct of another.

DEFAULT JUDGMENT

When a defendant is in default, the court enters an order in favor of the plaintiff. The court may in its discretion overturn a default judgment.

DEFENDANT

The person(s) or other entity against which a claim is filed.

DISINTERESTED ADULT

A person age 18 or older who is not involved in the case and is familiar with the rules of service to serve a defendant.

DISMISSAL

The termination of a lawsuit. A dismissal without prejudice allows the plaintiff the option to file again at a later date. A dismissal with prejudice prevents the lawsuit from being brought again in the future in any form.

FILE

To place legal documents in the official custody of the clerk of the court to enter into the files or records of the case. A legal document is deemed filed when date and time stamped by the clerk.

GUARDIAN AD LITEM

A special guardian appointed by the court to represent children or disabled persons during the course of litigation.

JUDGMENT

A final determination by the court of the rights and claims of the parties in the action, whether by default, summary judgment, declaratory judgment, consent judgment or verdict.

JURISDICTION

The extent of the court's legal authority in a specific geographical area to interpret and apply the law. Types of jurisdictional power include subject matter, personal, territorial, concurrent and appellate jurisdiction.

MEDIATION

A form of alternate dispute resolution where a neutral third party acts as an intermediary assisting disputants to settle their dispute.

NOTICE OF APPEAL

A filing made with an appellate court to appeal a ruling made by a lower court.

PARTY

A person, business, organization or government agency actively involved in the prosecution or defense of a legal proceeding.

PLAINTIFF

The person(s) or entity filing a claim against another person or entity.

PLEADING

A formal statement of facts and law, generally written, propounding the case of action or the defense of a legal case.

PRIVATE PROCESS SERVER

Private person who serves each defendant, complying with all service requirements. Most courts and some sheriffs’ offices will provide a list, as well as the yellow pages.

SECRETARY OF STATE

The office in each state that provides information regarding all businesses, including businesses with a fictitious name that are registered to do business in that state. All corporations conducting business in that state will have an agent for service of process identified. Virtually all states have an Internet website that can be used to look up businesses REGISTERED IN THAT STATE.

SERVICE OF PROCESS

The act of providing an opposing party with notice of a pleading or action to assure that the opposing party is aware an action has been filed and is given an opportunity to appear.

SETTLEMENT

An agreement between the parties disposing of a lawsuit.

SUBPOENA

Order of the court requiring a witness to attend and testify at trial.

SUMMONS

The section of the Notice, Claim, and Summons to Appear for Trial form that informs the Defendant when and where to appear.

VACATE

To set the judgment aside as if it did not happen.

Filing My Complaint

Once you have filled out all the necessary forms the complaint must be assigned a case number. After you sign the complaint and notice, it will be sealed or time and date stamped by the clerk of the court and filed.

Always be courteous to the clerk of the court because he or she is the last guard of the watchtower who can reject your filing. When dealing with the clerk remain calm and confident in the fact that you know the law. The clerk who is filing your action is not an attorney. They often will have just enough information to be dangerous enough to prevent you from filing your claim. If a clerk tells you that you cannot file your case in that courthouse because the defendant corporation was incorporated in another state, politely explain that the Defendant airline is registered to do business in the state, maintains an office in the state and therefore by law you are legally able to bring a claim against the Defendant. If the clerk haughtily tells you that your claim is going to be dismissed so you shouldn't bring it, smile and request that your claim be filed anyway. In most cases your complaint will be filed. If not, remain determined, try another clerk and you will eventually have your claim filed.

Serving the Defendant:

The law requires that the Defendant be served with the complaint so that the Defendant has notice that an action has been filed against the entity or person. Most states give you the option for an additional expense to have the clerk serve the Defendant by certified mail. You may also be able to serve the Defendant yourself by certified mail with a return receipt requested. You will need a form from the clerk of the court, as well as the Defendant's and agent's name and address. Do not forget to put the complaint number on the form as well. The postman will only give the Defendant the letter after the Defendant signs the green return receipt attached which will be mailed back to you and establish proof of service. After you receive the receipt (green postcard) you must file it with the court in person or by first class mail.

If you have tried to serve the Defendant by certified mail and the documents are refused or returned unopened you must take the unopened envelope to the clerk's office. The clerk will open the envelope and issue a substitute summons that can be served on the Defendant by a private process server or the sheriff. The cost of the process server will be added to your judgment if you win your lawsuit, along with the cost of filing your complaint in most states.

A third option usually available is to serve the Defendant by a disinterested adult. A disinterested adult can be anyone that is age 18 or older and has no interest in the outcome of the case. Always check your jurisdiction for the appropriate service options for that state. The complaint must be served the same day it is filed by the clerk of the court.

Whether you serve the Defendant by certified mail, private process server, sheriff, disinterested adult or other method approved by the court you must have a separate copy of the summons and complaint served on each Defendant. You can send the original to the lead plaintiff and send a photocopy of the summons and complaint to all other Defendants.

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