Sample Statement Of Claim For Debt Recovery In Fulton
Description
Form popularity
FAQ
To serve a Statement of Claim on a defendant that is an individual you can: hand it to the defendant. leave it in the presence of the defendant and explain what it is. leave it with a person at the defendant's home address who appears to be over the age of 16 years and living at that address.
- The Statement of claim should start by identifying the parties to the dispute and their relationship to each other. - Include any relevant background facts. - Explain how and in what way the defendant has wronged you ing to law. This is the legal basis for your claim.
The Plaintiff (the one filing the action) must electronically file a sworn statement with the Clerk of Magistrate Court, describing the charges against the Defendant (the person or business against whom the claim is brought). This Statement of Claim provides each party with the reason for the lawsuit.
How do I file a complaint or petition in civil court? You file the complaint or petition with the clerk of court. You generally want to file in the court in the county where the person you are suing lives. Along with the complaint, the court must be told where to serve (give it a copy of it to) the defendant.
Your Statement of Claim contains your “pleadings”, i.e. your written statement about what your claim is about and why you are entitled to damages. It is the first document that the trial judge will read and the single most important document that you will have to draft throughout the court process.
No jury trials are held in Magistrate Court and our jurisdictional level is $15,000 in civil cases.
Local Court Magistrates should be addressed as “Your Honour” in court, as “Magistrate …” outside of court.
You can file a claim for which you are seeking $15,000 or less. If your claim exceeds $15,000 principal, the Magistrate Court does not have jurisdiction (the legal authority) to hear your case, and it must be filed in another court; such as, Superior Court.
Small claims basics Generally, you can only sue for up to $12,500 in small claims court (or up to $6,250 if you're a business). You can ask a lawyer for advice before you go to court, but you can't have one with you in court. Starting November 1, 2021, you can sue or be sued for COVID-19 rental debt in small claims.
Go to the Circuit Clerk's Office at the courthouse in the proper county and explain to the clerk that you wish to file a Small Claims Complaint. The Circuit Clerk's Office normally has -2- Page 3 The person filing the complaint is called the "plaintiff" and the person being sued is called the "defendant".
