what are steps to filing suit ? Who buys stamp?

Question

A legal suit is to be filed. Advocate is talking about buying a stamp. First he said he will buy, so I send him money. Now he say I or my power of attorney should buy it. I travel with my job so have to make time for all this or assign Power to someone to d all this.

Please can someone tell me what are the true steps for suit filings and where in laws is this all written? Who is to buy stamp for filing suit - advocate or plaintiff, or someone else?

Thanking very much in advance.

I am in India, and need to file suit here only.

Answer 1

Firstly have a proper discussion with your Advocate about his fees and exactly what he proposes to do. Once you have settled his fees, give him a vakalatnama and an advance part payment on account. Thereafter he will draft the Plaint. Please read it carefully to ensure that it is factually correct without any false statements, because presumably you know the facts of your case best. Very often Advocates are rather slipshod in their drafting. Once you approve, you or your CA will have to affirm and verify the Plaint at the court. Your Advocate can certainly affix the court fees stamps which he or his clerk can purchase out of the advance payment you gave him. After this, it is just a question of your Advocate putting the documents together i.e. Index, title, annexures etc and registering the Suit at the concerned department along with any application for ad-interim, interim reliefs etc. After registration, you will get a number for your Suit, interlocutory applications etc. Then your advocate must push for a date. Be warned that many Advocates are very tardy, and having many other matters, they obviously do not view yours with any particular urgency. It is in your own interests to take an active interest in your matter. Do not feel hesitant to query your Advocate about every action or proposed action; you are the client and you are paying him for his services (which will usually be a hefty amount). Ask him for a copy of all submissions in your matter and read everything with a fine tooth comb. Also try and attend the court personally for each hearing to ensure that your matter is being prosecuted properly and to ensure that adjournments are not taken merely to suit the convenience of the advocates. BTW, please settle with your advocate in advance whether he will charge you per date, per hearing with argument, per hearing irrespective whether court is on leave / adjournment is taken, lump sum etc. This way you will avoid unpleasantness later on. Take a receipt for all payments made to the Advocate. If you can, please get a copy of the relevant statute concerning your case and update yourself with relevant case law; it pays to know what its all about. I have had terrible experiences with all the advocates in the many cases I had inherited and am lumbered with. Since the last 2 years we have discharged all the advocates and we now appear in person, and at last we are seeing results, slowly but surely. It involves a lot of effort but it is worth it; also its a lot simpler than it appears to be. This is not to say that all Advocates are bad, but too many of them are so be cautious.

Answer 2

OK, i am not sure what you mean by stamp. Other than the fact that the Clerk of Court stamps the lawsuit once it tis filed. Depending on the reason for filing the complaint, the procedure would vary. But certainly, your first step is to file a complaint.
You can look at the Rules for Civil Procedure for your state or you can go to the Clerk of Courts website... it usually has the information in the FAQ's.
If you have an attorney, they have to be the one to file suit and they will charge you the cost for it. The attorney I work for either will charge it in the retainer or sometimes she charges the client separately for the filing fee...

Answer 3

It is not clear what your Advocate means by the word "stamp". The main expense in a regular civil suit apart from Advocate's Fee is Court Fee. This is the revenue amount paid to the Government. It can be roughly calculated to be 10% of the net valuation of the suit. The court fee stamp can be bought by the Advocate's Clerk or the Advocate himself. All that you are expected to do is to sign the vakalatnama, sign the plaint and affidavits to be filed in support of petitions and pay the Advocates fee, Court Fee and Office expenses. So ask your Advocate if by the word "stamp" he means court fee. The Court Fee and Suit Valuation Act determines the amount of court fee payable in each type of suit. The Act varies from State to State. The rate of court fee depends where you are filing the suit. The Advocate's Act determines the amount payable is Advocates fee. The fee amount specified in the Act is rather low so you cannot expect an Advocate to charge fees in accordance with the Advocate's Act.

Answer 4

Tell you very frankly your advocate is a big cheat. When you sent him the money to buy the court fee stamps to be affixed on the plaint of your suit he should have done that. There is no such law which say that such court fee stamps have to be purchased or affixed by only the plaintiff/petitioner or his POA, no doubt you bear the cost of these court fee stamps but when you had given that money to your advocate he should have purchased & affixed these on the plaint/petition, by not doing show he has simply misappropriated your money for which you can take legal action against him. Some advocates/lawyers are really black sheep in our profession & I feel sorry for their behavior.

Answer 5

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Answer 6

either u or ur advocate can buy the stamp paper (not stamp). if u have given him the money he can buy it write the legal things and can sent the notice on ur behalf. prior to this u have to give him in writing that ur hiring his service and have appointed hhim as ur lawyer. if after taking the money he is again asking u to buy the stamp papers then he is trying to ditch u and run away with ur money. if in the begning he is trying to play games then what will be the status if the suit is filed. be careful and if possible change the lawyer.

Answer 7

Any 1 can buy stamp. This is very simple. Assistant of advocate can do this.

Answer 8

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Answer 9

The law of the land could be different from country to country. Please provide where you need to do this to get the correct answer.