Lawsuit Filed – Dealing With A Filed Lawsuit


Lawsuit Filed: Dealing With A Filed Lawsuit

lawsuit filedSometimes, no matter how carefully you tread, you would still find yourself being on the end of a lawsuit. If you happen to find yourself in this decision, you have to make sure that you plan your next steps carefully.

If you have a lawsuit filed against you, one of the things that you have to pay particular attention to would be the deadline to file for your response. In most cases, responses to a lawsuit filed should be submitted within 30 days. There have been cases where a person lost a lawsuit against him or her simply because he or she was not able to file a response on time.

In the off chance that you were not able to submit your response on time, you can ask for a cancellation of default judgment. Keep in mind, however, that you would need to submit a good reason why. Although there have been cases when a default judgment has been set aside, do not get your hopes up. It would still be up to the judge if the default judgment would be set aside.

Your Response to a Lawsuit Filed Against You

There are different types of responses that you can make use of in order to deal with the lawsuit filed against you. One of this is the general denial, which is typically used when you do not agree with anything on the lawsuit filed against you. Keep in mind that making a general denial does not necessarily mean that nothing in the complaint is true.

lawsuit filedAnother type of response is known as the demurrer. A demurrer is typically used when you want the court to know that you might have done something wrong but what you have done is not enough as to warrant a lawsuit. You have to be careful when making use of this kind of response as you are actually implying that you are guilty in one way or another.

If a lawsuit filed against you contains statements that you think are immaterial, vague, not legal, or is just a repetition of something that has been previously stated, you can file a motion to strike. This is one way of asking the court to take out a certain statement that you think is not necessary to the complaint being made against you.

Lawsuit Filed Against You: More points to Consider

Now, if you feel that the other party would have an unfair advantage over you if he or she files the complaint in a certain court, you can file a motion for transfer. This would give you the chance to have the lawsuit filed some place else. This is, however, something that would need a substantial reason from you.

lawsuit filedLastly, one of the ways you can deal with a lawsuit filed against you would be to file a motion to stay or dismiss an action. As with other motions that you might be filing, you have to make sure that you provide sufficient grounds why you want a certain action to be put on hold for a certain amount of time.

In order to be on the safe side, get the services of a lawyer whose expertise includes the situation you are in. There have been many cases when the simplest of case was lost simply because the person involved did not seek the help of a lawyer in dealing with the lawsuit filed against him or her. For more useful articles on lawsuit filed please browse through .


How A Drink Driving Conviction Can Affect Your Career?


Mainly depending on the field you are presently working in a drink driving conviction can have a significant impact both on current employment and future job prospects. in some professions according to many drink driving solicitors it can mean an end to your career. So, its important never to think of a drink driving case as being easy. Below we look at how a potential conviction after your arrest can affect your career and what needs to be done if you are arrested.

Notifying your employer

There are some employment contracts which specifically stipulate that you inform them (employer) about your drink driving arrest or later conviction but other employers may not mention anything in their contract you sign. The vast majority of employers according to many drink driving solicitors do not require that the person informs them about their conviction but its important to check the employee contract and handbook in order to make sure of this.

Losing your job

The question of if you will lose your job will mainly depend on the terms of your current employment contract and the circumstances surrounding your case. If you are currently employed as a driver for a company for instance, and you were found drink driving in that company car or this incident was during working hours your employer is more than likely going dismiss you on these grounds.

However, when you are in doubt about the fairness of why you were fired or about the workplace sanctions that may be imposed on you following a drink driving conviction it is important to consult with a drink driving solicitor who also doubles as someone who knows a lot about employment law. You can also call up a legal aid consultant in your area.

Driving to work

You may not be able to drive to work if you lose your license, and even if your drink driving solicitor has argued your case very well. However, there are cases where people who need to drive to work and were found guilty of drink driving can still drive. The ban on driving mainly depends on a number of factors in addition to how stern the judge is on such matters.

In most cases judges will impose bans on drunk drivers. If the disqualification is discretionary it is imperative that you in form the judge about your nature of work and the situation also explain clearly the effects of the driving ban on your life. Most judges may but they are certainly not obliged to take these matters into consideration when passing a sentence.

 If you are a member of an aspiring member of an association

The vast majority of professional associations like the General Medical Council and the Law Society for instance require that their members or applicants clearly disclose if they have been previously convicted for drunk driving. If you are currently an association member they may probably expel you or even take some form of disciplinary action, some associations may also require that you enter into an alcohol abuse program to continue your membership, this is why it’s important to familiarize yourself with the association’s rules.

If you are in the process of applying to become a member of an association you may need to disclose information about your conviction. That said it will show up when they do a background check so there is no point fudging the truth. The good news is that many associations will accept offenders who have been rehabilitated.

A drink driving conviction will show up in your background check

There are many employers who will conduct a background check by asking you to consent to Basic Disclosure of all your unspent convictions and the cautions on record. According to leading drink driving solicitors there are certain professions and jobs where a Standard Disclosure or perhaps an Enhanced Disclosure is needed.

This is why according to leading Australian solicitors The Defenders it is very important that people find good representation as soon as they are charged. This improves their chances of defeating the charge and it saves them a lot of future hardship.


Mark is a professional drink driving solicitor with over two decades of experience. In addition to specializing in litigation he is also an adviser for a number of businesses across the country. His portfolio also encompasses a number of articles and teaching classes he has helped research and host of regular people.