Arkansas Sample Letter for Motion to Discharge
Description
How to fill out Sample Letter For Motion To Discharge?
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FAQ
A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record. During the pleading stage, this can be accomplished by a tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent.
The Civil Division is designated to allow collection agencies, a collection agent, a firm, an association, a corporation, or an individual being represented by an attorney to file a claim to settle certain disputes that are not in excess of $25,000.
A notice of claim may be handed to you personally by the party suing you or by another person, or it can be sent to you by registered mail. If you're hard to find, the court may order that you be notified in some other way, such as by a notice posted on your front door or an ad in the local newspaper.
A filing fee, usually between $30 and $65, must be paid to the clerk of the small claims court at the time you file your complaint. Arrange for service of process (delivery of your Complaint) on each defendant. The clerk will provide you with the necessary documents to be served.
A motion to dismiss asks the court to dismiss either whole or part of a complaint, counterclaim, or crossclaim. Motion to strike or "Demurrer": In some jurisdictions, a motion to strike or a "demurrer" is the equivalent to a motion to dismiss for failure to state a claim upon which relief can be granted.
The Arkansas Constitution mandates that the state shall never be made a defendant. However, plaintiffs can bring claims before the Arkansas State Claims Commission, an arm of the General Assembly. Political subdivisions are immune except to the extent they are covered by liability insurance.
Signing an entry of appearance and waiver of service only means that the party signing the document is giving up his/her right to be served by a sheriff's deputy. It does not mean they agree with the lawsuit or are giving up their right to notice of when any hearings are to be held.
To start an action, you must fill out a Complaint Form, which you can acquire at the District Court. This form explains whom you are suing, for how much money, and why you are claiming the money. You must bring the completed form to the Court Clerk's office or fill it out while at the Court.
