There were 2 seperate pages; 1 was a summons and the other was a complaint but no other information was included. It states I need to be present at the court. Is this an actual hearing where I need to enter a plea or are they stating information they may have against me? Do I need a lawyer? The hearing is coming up pretty soon. Who do I contact at the court about this information. If I need a lawyer will they grant me more time? Thanks for the replies.
2006-08-14 02:55:37 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
sounds like you are being sued....talk to a lawyer.
2006-08-14 03:01:45 · answer #1 · answered by ♣ 4 · 0⤊ 0⤋
This is most likely a civil action that has been commenced against you, although there is the possibility that you have been served with criminal papers.
Depending upon what jurisdiction (state) you live in. If the caption of the case starts off with "The People of the State of . . ." or something to that effect, then it is a criminal action. If that is the case, and you are correct that you are a named defendant, you are being charged with a crime and should run (not walk) to a lawyer's office.
However, this sounds like it is most likely a civil action, meaning you are being sued. If you have any idea what this is about, it would be of help telling you what to do. For example, if you were in a car accident, call up your automobile insurance company and have them retain counsel to represent you. If it arises out of your home ownership (someone tripped and fell or your dog bit the mailman, etc.) then you should contact your homeowner's insurance company. If this is related to your business, contact your general liability business insurance carrier.
If you really have no idea what this is about, or you don't have insurance, you should contact a personal attorney. An attorney can make some initial inquiry to find out what the case is about, what the claim is, whether this is something that some insurance should cover, whether you've been named by mistake, etc. Then, the attroney can advise you whether you have to appear or take other action.
One of the things that will help you deal with this is knowing what the various different documents and terms mean.
Summons: This is basically telling you that you've been named in a law suit and are being sued. It generally tells you that you have 20 or 30 days to appear, answer, or move regarding the summons and/or complaint.
Complaint: This tells you in very broad terms what the case is about. If you only have one page, it may be that the other pages were not attached or that this is a short version "endorsed" complaint. The allegations in a complaint, and expecially in an endorsed complaint tend to be very vague, giving you a minimum of information. But, you should be able to tell if it arises out of your business, you car, your home/property ownership, etc.
Appearance: This does not mean to physically go to the Courthouse. This means serving papers indicating that you are represented by counsel (or that you are representing yourself), that you are denying the allegations, or challenging them or that you are demanding a further indication of what is involved in the case.
hearing: This means you may need to actually appear in Court on the day indicated, although it is rare that there would be a hearing scheduled in a civil Summons or Complaint. If there is a hearing set, it may be to enter a default judgment against you and I would check this out ASAP. While you can do it yourself, it's best to contact an attorney.
A default judgment results in a judgment being entered against you. It can be problematic (though not necessarily impossible) to undo the judgment, which can then be executed upon and your property or money seized! Act right away to avoid this type of problem and the associated damage to your credit rating.
Best adise? CONTACT AN ATTORNEY NOW!!!
2006-08-14 10:25:10 · answer #2 · answered by NY & NJ lawyer 2 · 0⤊ 0⤋
The Plaintiff listed on the Complaint is sueing you for some reason. The reason should be clearly spelled out in the Complaint. You have 30 days to "Answer" (or respond) to the Complaint. A summons and Complaint generally do not have a hearing date already assigned to them. These are the initial papers filed by a litigant to bring an action against you in Court.
If you do not understand the papers then you definately need to speak to an attorney to find out what is going on.
2006-08-14 10:07:29 · answer #3 · answered by Lodiju 3 · 1⤊ 0⤋
Yes you need a Lawyer. He/She will handle everything for you.. You have been charged with a crime.. Look in your trusty Yellow Pages and pick you out one.. Theres usally no way to talk about your case until you go to court the first time. If you live in the Dallas, Tx area call Lawyer Josh Webber.214-526-6777. He is really a good and fair
Dave
2006-08-14 10:06:16 · answer #4 · answered by David M 2 · 0⤊ 0⤋
I guess you better search the paper for the phone number of the court. If there is no any - look it up in the reference book. Then call them up, ask the secretary to explane to you what is the problem and why you have to be present at the court. I think they will tell you everything. Good luck!
2006-08-14 10:08:17 · answer #5 · answered by Safia 1 · 0⤊ 0⤋
It sounds like you have been sued. If you are unsure about what to do, it is best to at least consult with a lawyer to see what she or he can do for you. It might not cost too much if you only need an hour or two of help.
2006-08-14 10:02:22 · answer #6 · answered by Anonymous · 0⤊ 0⤋
yes you need a alwyer, get the best money can buy or your screwed.
2006-08-14 10:32:25 · answer #7 · answered by Anonymous · 0⤊ 0⤋