Sample Statement Of Claim For Negligence In Fulton
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The Statement of the Case should not appear biased or overdramatic. Perceived bias and exaggeration can damage your credibility and make the reader less inclined to take your representations at face value. Your job is to tell a story, not write a novel.
The plaintiff must file a sworn statement with the clerk of the appropriate magistrate court, describing the charges made by the plaintiff against the defendant. This statement is called a statement of claim, or a claim.
What is an example of a claim? A claim answers a debatable question posed by a writer, which then is proved in a paragraph or essay. For example, "Dogs make better pets than cats" is a claim that can be argued.
Write a short and plain statement of the claim. Do not make legal arguments. State as briefly as possible the facts showing that each plaintiff is entitled to the damages or other relief sought.
You can defend a statement of claim if you believe you don't owe all or part of the claim. To defend the claim you must file a document called a defence. A defence confirms that you deny some or all of the claim and the reasons why. These reasons are called the grounds of your defence.
For the part of the claim that you dispute, give a full response to what is claimed. It may be helpful to use separately numbered paragraphs. Attach an Additional Parties Form 1A form, if there is more than one plaintiff or defendant in the case and check the “Additional plaintiff/defendant” box on the defence form.
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.
When you are served, a summons will be on the top of the petition. It will tell you how many days you have to file a written answer with the Court and on whom you must serve a copy of your answer. You can use the attached form Answer and Counterclaim to draft your answer and counterclaim.
