Lawsuit Filed: Dealing With A Filed Lawsuit
Sometimes, 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.
Another 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.
Lastly, 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 http://www.lawsuitfiled.com/lawsuit-filed/ .