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How will I know when I've been sued? |
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You are sued when someone files a Complaint with a Court and a Summons is issued. You are served when you receive a Summons and with either a Complaint, Counter-Claim, Cross-Complaint, Cross-Claim, Third-Party Complaint, Declaratory Complaint or Petition. Other document names sometimes are used. You also might be served with an arbitration claim, which has the same effect as a Complaint. |
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What is my responsibility when I am served? |
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The Summons states the number of days for responding to the Complaint, from the date you are served. An Answer and a statement of your defenses must be filed with the court and served upon the plaintiff's attorney (or upon the plaintiff, if the plaintiff is not represented by an attorney). Under certain circumstances, you may request other relief from the court rather than filing an Answer; however, an understanding of substantive and procedural law is necessary to determine whether the other relief is available to you. |
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May I represent myself, or must I hire an attorney? |
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An individual may represent himself or herself only, rather than hire an attorney. A spouse may not represent or speak for the other spouse. A parent or guardian may not represent the person who is the ward, unless the parent or guardian is a licensed attorney.
A corporation, partnership, limited partnership, association, limited liability company, or any other entity may only be represented by a licensed attorney, even if it is owned by only one individual. Exceptions to this rule apply to matters brought in small claims court.
These rules apply to both plaintiffs and defendants. |
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What are the consequences for failure to file and serve an Answer and statement of defenses within the specified time? |
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Failure to file and serve an Answer is regarded as an admission of each allegation or statement in the Complaint. The plaintiff may ask the court to enter a default against you. If the court determines that the Complaint sufficiently states a legal claim, it can enter a default judgment against you, and the plaintiff need not go to trial. |
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If a default judgment is entered by the court, can it be set aside or reversed? |
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The circumstances under which a default judgment can be set aside or reversed are extremely limited. You must file a motion with the court, and the motion must show the court good cause, as defined by law, for your failure to respond timely. You also must establish that, had you filed an Answer timely, you would have stated an adequate defense to the claims. A defendant never should count on setting aside or reversing a default judgment. |
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I was served with a Complaint, but I know that there's no merit to the claims. If the plaintiff gets a default judgment, can I avoid it because the claims were false? |
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No. Your chance to let the court know that the claim is false comes when you file the Answer to the Complaint. If the Answer isn't filed and a default judgment is entered by the Court, your chance to defend is gone. See the previous question about setting aside or reversing a judgment. |
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What is discovery? Am I required to let my opponent known personal sensitive business information? Can I get this information from my opponent? |
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Discovery is the phase of a lawsuit where the parties gather facts, documents, and other information and things to prepare for trial. They can learn information which the other party will rely upon at trial, and information which will assist themselves in proving facts which support their own position.
The rules of discovery are very liberal and are designed to enable a party to obtain relevant information about the claims in the lawsuit or information that will lead to relevant information about those claims. Many times, this might include personal and business information, concerning employment, finances, transactions, health, and other matters which you would consider otherwise to be private.
Certain communications are protected by law as privileged. Those protections rarely are disturbed by the courts, unless the protected party waives or gives up the right to the protection. Privileged communications include those between attorney and client, between doctor and patient, between accountant and client, and between spouses. You should consult with an attorney to determine the scope and applicability of the privilege, before you engage in a communication which you expect to be privileged.
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How will I know what my chances will be at trial? |
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An experienced attorney can provide an evaluation based upon the known facts and applicable law, but the only way to know is to try the case. Once the decision is in the hands of a judge or jury, it is impossible to predict the outcome. Judges and jurors are required to consider all of the evidence before them, including the credibility of the witnesses. Any factor can affect the final decision of the Court. |
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If I don't like the way the judge is making decisions in my case prior to trial, do I have the right to ask for another judge? |
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No. Only in extreme and rare circumstances, with tangible and unequivocal proof, can a judge be shown to be biased or unfit to preside over a case. |
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Will I recover my attorney fees if I win the case? |
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Generally, the successful party does not recover attorney fees from the opponent, even if the successful party was the defendant. Courts sometimes are given discretion to award attorney fees for claims brought under certain state and federal laws, such as civil rights laws, claims relating to certain employee benefits, some labor laws, and certain real estate laws, to name a few. Contracts also sometimes provide for attorney fees to the successful party in a lawsuit over the contract terms. |
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I was sued in a state in which I don't reside. Should I ignore that lawsuit? |
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As with any lawsuit, you should take the matter very seriously and follow the court rules in that state for responding and defending against the claims. Our Constitution requires that the States give "full faith and credit" to the judgments and orders issued by the other states. If a plaintiff obtains a judgment against you in another state, even by default, then the judgment probably will be enforceable against you in your home state. You should retain a reputable attorney in the state where the lawsuit is brought and determine what you must do to protect yourself in that state. |
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My contract includes a provision that prevents one of the parties from competing with the other after the contract term ends. How does a court enforce this? |
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The party who has the right to stop the other from competing must file a Complaint and ask the Court to stop the other party from competing. The Court may issue an injunction to stop the competing party. The Court might also grant a money judgment against the competing party. |
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What is an injunction? |
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Although it may take several forms in the life of a lawsuit, an injunction is a court order which commands a person or entity to refrain from certain activities or to do certain activities, during a lawsuit or after a trial. An injunction issued before a trial may be necessary to prevent further harm to one or more parties until the court can conduct a trial to determine the rights of the parties. These injunctions may be temporary restraining orders or preliminary injunctions. They are granted only in very limited circumstances. A permanent injunction provides the same relief, on terms set by the court, only after a full trial of the claims. |
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If the court rules in my favor, how soon do I receive the money I am awarded? |
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After a judgment is entered, an appeal period follows, during which the judgment may not be enforced. The appeal period in Michigan and in federal court is 21 days from the date that the judgment is signed by the judge. During that time, a party who disagrees with the judgment may file an appeal and request that the judgment not be enforced. If the trial court grants the request that the judgment not be enforced while the matter is on appeal, then a "stay" order is entered by the court.
The court does not collect the money judgment for you. If an appeal is not filed (or if a stay is not granted), then the party who was awarded the money judgment may attempt to collect the money by means of garnishments, property seizure, and other collection methods provided for in the court rules. There are restrictions on the use of collection methods, which must be followed.
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When should I contact an attorney about a legal dispute? |
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You should contact an attorney as soon as you are aware of a legal dispute or of circumstances that could result in a legal dispute .
A litigator or liability attorney can advise you before the event which results in the dispute and can assist with attempting to resolve the matter before a lawsuit is filed.
If you are contemplating a transaction, your rights and responsibilities under the contract can result in a dispute. It is important to be aware of the possible liabilities that may arise as a result of either party's actions. An attorney can counsel you about the content of the contract and whether to include provisions to address possible areas of liability.
A failure to uphold a duty under a contract or at law (such as a breach of another's personal rights) may result in a dispute. Any settlement of the dispute will affect the rights and responsibilities of the parties to the settlement. An attorney will assist in negotiating the settlement and can advise you as to how and to what extent the settlement will affect you. The attorney can draft a settlement agreement that clearly states the intentions of the parties, as should be done with any contract.
If a lawsuit or other legal proceeding is necessary, an experienced attorney will develop strategies for the case and consider the ways in which the laws and the courts will affect your rights and responsibilities. The attorney will determine the correct procedures to follow and advise you concerning any options which you might have. The attorney will represent you in the legal proceeding and counsel you as the case progresses.
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