The complaint outlines the alleged facts of the case and the basis for which a legal remedy is sought.
Complaint Forms - How to Win Your Case in Court
Having the right complaint form is crucial to the success of your case. A complaint is the first step in getting your dispute heard in court. The person filing a suit is called a plaintiff and the person against whom the lawsuit is filed is known as a defendant. The parties must have legal capacity to sue or to be sued. If a party does not have legal capacity to file lawsuits, the suit may be dismissed.
A complaint may be civil or criminal in nature. The nature and petition form of civil and criminal complaints are different. In a civil lawsuit, a plaintiff claims relief from damages that are caused by the defendant. A criminal case is prosecuted in the name of a governmental authority. To view a civil or criminal complaint form sample, visit our website.
Complaints must specify the factual background, violated laws, and legal reasons or basis for the lawsuit, and must be carefully drafted. While drafting complaints, requirements stipulated in statutes must be followed. For instance, a small claims court will have a maximum monetary limit that can be awarded. When you file a law suit or complaint in a small claims court, the complaint must be carefully drafted because the plaintiff waives any right to claim more than what the complaint form asks for. Further, when you file a complaint for personal injury or an unlawful discrimination, the complaint must be carefully drafted to include compensation for the injury and also compensation for loss of enjoyment. Loss of enjoyment is claimed in a complaint depending upon how the injuries have affected the injured person's life. On line forms and templates of complaints are available on the US Legal Forms website. These on line forms can help you file a lawsuit with ease.
General requirements of complaint forms are published by several United States federal courts. Apart from federal courts, many district courts have developed their own forms for filing a complaint that are included in the local court rules. With the help of these rules, courts can limit the number of pages of the petition, specify the text or font size, and even detail the distance between lines in the complaint template. State specific forms for filing complaints are available on our website. Filing a complaint against any person who injures your legal right can be accomplished without legal fees.
The following constitute structural elements of a complaint:
- Heading. Heading includes name of the court, case number, name and address of parties to the proceeding.
- Jurisdiction and venue of the court.
- Parties to the proceeding.
- Statement of facts.
- Cause of action.
- Demand for relief.
If you are confused on how to sue or how to prepare a complaint, US Legal Forms has all the on line forms you need to file a complaint, including a free preview of a complaints form sample before downloading.
What is a complaint? What are the elements of a complaint?
A complaint is a legal document that initiates a law suit. In a complaint template, a plaintiff is the person who files the petition and states under oath that the accused person or the defendant has committed a crime or a civil wrong. The elements of a complaint petition are:
- Heading - with the name of the court in which the case is initiated, names of the parties and a brief description of the document
- Jurisdiction of the court
- Parties identified as plaintiffs and defendants and address of the parties
- List of facts
- Cause of action
- Injury caused to plaintiff
- Relief or damages claimed
Can you tell me how to sue in a small claims court?
Small claims courts are courts that resolve smaller monetary disputes. Small claims courts provide an informal and simple proceeding to resolve cases. While filing a suit to sue in a small claims court, you should realize that such courts can award only limited monetary damages. In majority of states, the monetary limit is ten thousand dollars. In order to file a lawsuit in a small claims court, you should submit a small claims lawsuit application with the proper small claims court in your county. A small claims lawsuit complaint should contain:
- name and address of the parties to the lawsuits
- nature of the complaint
- damages claimed
Information on how to file a complaint in a small claim court as well as complaint forms and samples of on line forms to be filed in a small claim court are available on our website.
What is the difference between a civil complaint and a criminal complaint?
A civil complaint initiates a civil lawsuit. A civil complaint is filed to receive compensation or damages from a defendant or the opposing party. A criminal complaint initiates a criminal lawsuit and is filed to prosecute an accused party. Criminal cases are put on trial for and on behalf of the governmental authority that enforces the police power of the state. Once a criminal complaint is filed, the decision to prosecute or not is with the prosecutor. Even if a complainant pardons the accused after filing a complaint against him/her, the complainant cannot stop prosecution proceeding if the prosecutor determines that the lawsuit had merit. Civil and criminal complaints form samples are available on the US Legal Forms website.
What is a personal injury complaint?
A personal injury complaint is a civil petition filed seeking damages for a personal injury suffered. Personal injury is injury caused to a person accidentally by another's failure to use reasonable care. In a personal injury action, liability is based upon a defendant's failure to exercise reasonable care. Complainants can file a law suit for personal injury cases in civil courts. Personal injury complaints are filed often in motor accident cases. A template of the personal injury petition form is available on our website.
What is employment discrimination?
Employment discrimination is the unfair treatment by employers against an employee based on age, sex, race, religion, physical disability, or nationality. Many federal and state laws prohibit employment discrimination. Major federal statutes that protect employment discrimination are:
- Civil Rights Act of 1964
- Age Discrimination in Employment Act of 1967
- Americans with Disabilities Act of 1990
You can initiate a lawsuit if you have been discriminated against by your employer. The US Legal Forms website is the most trusted site for an employment discrimination complaint template.