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It can be considered illegal or not, depending on the situation. Threatening to sue someone with a civil lawsuit is not a problem, but it can be subjected to illegal harassment if it is meaningless. An empty threat with a lawsuit is considered illegal when the person suing does not hold anything against the person.
To start your case, you have to have the defendant served with a Summons, Complaint and Civil Lawsuit Notice. You can serve these 3 papers together. The Summons: This is a one-page form. It's easy to recognize because it says "NOTICE: You are being sued" at the top of the form.
Timeline of How to File a Lawsuit Step 1: File a Complaint. Plaintiff files a complaint and summons with the local county court. ... Step 2: Answer Complaint. ... Step 3: Discovery. ... Step 4: Failing to Respond to Discovery. ... Step 5: Conclusion of Lawsuit.
A letter of intent to sue is used to notify an individual or business that legal action may be taken against them if the demands included in the letter are not met. By sending an intent to sue letter, you may be able to resolve the dispute without having to initiate a costly lawsuit.
Summons: Besides a complaint with its causes of action, you will need a summons form. The summons is a form notice that tells the defendant he or she is being sued and gives the time limit for responding. There are several types of summons forms, and you will need to figure out which one you need for your case.
An intent to sue letter should have the addresses of both parties, a detailed description of the dispute, the settlement demand (e.g., payment amount, cease and desist, repair damages, etc.), the sender's contact information, and the deadline for the proposed settlement.
Pursuant to [STATUTE / CONTRACTUAL PROVISION], you are hereby given notice that [CLIENT] intends to commence a lawsuit against you for [AMOUNT OF DAMAGES OR EQUITABLE RELIEF] due to [DESCRIBE CONDUCT OR INCIDENT THAT SERVES AS THE BASIS FOR THE LAWSUIT].
Litigious is the adjective form of litigation, the act of suing someone in court.