Info on Lawsuit filed

[alshar]

What is the name of your state? NC

How much of a description of the incident is required when a small claims suit is being filed? If someone were to say they are filing a suit for "medical bills and lost wages" without a description of an incident which caused these, is this a legit suit?

 

[BL]

Yes , It's legit. Most clerks when typing up the Petition will keep it very limited in space.

Once you are in front of the Court,that's when you present your case.

 

[alshar]

really?

So, how is one supposed to know what he is actually being sued for?

 

[BL]

Presumably, the defendant would know this person by name in one way or the other by ;

Prior contact .
Prior Demand .
Notification of incident .
Police Report(s). As Examples ... Etc .....

Although they may have been damaged , initially not knowing what Company or individual to File suit against, then on a later date found out , and instead of contacting the defendant ahead of time, just filed a lawsuit .

 

[JETX]

Blonde (as usual) is NOT correct.

Your lawsuit needs to be as specific as possible, giving dates and details. Otherwise, the other party (defendant) will not know what the charges are or how to defend against them...... and could get your lawsuit dismissed.

 

[alshar]

no info

Thanks you JetX, I have received a summons that does not contain a date or any description of an incident at all... since you mentioned that it could possibly be dismissed, I was wondering if there were steps I could take for this to happen before the court date, or is it just something the judge would do on the court date?

 

[JETX]

"I have received a summons that does not contain a date or any description of an incident at all"
*** Okay, EXACTLY what does it say as to the claim being made against you??

"since you mentioned that it could possibly be dismissed, I was wondering if there were steps I could take for this to happen before the court date, or is it just something the judge would do on the court date?"
*** Depends on what EXACTLY is being claimed. If it clearly is NOT detailed, then you could file a 'general denial' answer and include a Motion for Summary Judgment claiming that the summons does not make a legal claim and therefore is not a matter to be heard in law.

 

[alshar]

The paper says that they are suing for "medical bills, pain and suffering, and lost wages". It contains an amount, $4000. And my name and address as well as the name and address of the plaintiff. There is no mention made as to what incident caused an injury or when or where such an incident occurred.

 

[BL]

How much of a description of the incident is required when a small claims suit is being filed? [ quote ]

Here is a description of (Small Claim),the court clerk filled in and filed.

In the small claims Div. Etc. in the amount of ******** together with cost on the fallowing claim.

From about ( date ) plaintiff has refund due for unjust enrichment ( sale of house ) by ( owners name ).

And the claim will be heard .

 

[JETX]

HUH???
What does 'unjust enrichment' have to do with the writers post??

Alshar, contrary to your posts, it is clear (at least to you) as to what the claim is for and when it occured. You can 'play dumb' and file your general denial, but the court will simply set a hearing date and move forward.

In any case, since this appears to be an auto accident, turn it over to your insurance company.

 

[alshar]

jetx

it was not an auto accident , and no I am not completely clear as to the complaint the plaintiff is making, which will make it more difficult to prepare my defense. thanks again for the info.

 

[BL]

HUH ???? It answers the posters question of how much of a description is needed .

Huh ??? what does an auto accident have to do with the posters questions ??

JetX,I am giving simple advice in layman's term to posters Layman's Questions, they are not all wrong ( AS AGAIN ) you feel they are .

You can certainly elaborate and give them technical Legal advice and quote the laws.

Fine, but I respectfully disagree when you state to poster I am wrong , when the end advise is the same only with different definitions.

I will except when I am wrong completely, but you could simply post your post and disagree with any other , instead of stating (once again I'm wrong ), as adults should. Ty

 

[JETX]

Blonde, you were 'fun' when you first started on the forum because you appeared to have an intent to help people.

However, for some reason, lately your posts have been NOT in accordance with laws and seem to be your 'personal opinion' of how things MIGHT be. Problem is, they are often wrong.

Personally, I am getting tired and frustrated in having to come behind you and clean up your messes. So, if you are making your statements as a layperson with NO experience or knowledge, say so to prevent people from assuming you know what you are saying. If you don't, I will have to take steps to stop your posting.

So, back to the original writer..... the advice given in my PREVIOUS response to you still stands:
"If it clearly is NOT detailed, then you could file a 'general denial' answer and include a Motion for Summary Judgment claiming that the summons does not make a legal claim and therefore is not a matter to be heard in law."

 

[BL]

Presumably, the defendant would know this person by name in one way or the other [ Quote ] BL

Alshar, contrary to your posts, it is clear (at least to you) as to what the claim is for and when it occured. [ Quote ] JX

The FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues [ quote ] free advice.

Personally ?? tired of cleaning up ? Again not correct ?

Please , To insinuate your way of stating the same thing I am ,is the legal proper way under what defines advice ,as experience is NOT Correct ,Period .

I'm not going to debate the obvious .

note: From my own experiences & research, and the desire to HELP posters , is why I visit this site . Not to gloat & boast .