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Defend yourself in court; File a cross claim, counter claim or third party claim; Assert that the Writ of Summons was not served properly; or. Simply ignore the debt collection case.
Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.
Step 1: Research and Write Your Complaint and Accompanying Papers. Step 3: File the Lawsuit (if Needed) and Motion, and Pay the Filing Fee. Step 4: Have the Motion and Related Papers Served on All Parties. Step 5: Review Any Opposition to the Preliminary Injunction.
Once the court has accepted your complaint, a "Writ of Summons" will be issued and you must be sure the defendant is notified of the case through a legal procedure called service of process. The Writ of Summons has an expiration date, so pay close attention to the date by which you must have the defendant served.
Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. It is generally only available when there is no other remedy at law and irreparable harm will result if the relief is not granted.
Don't ignore it. If you do this, the court will simply rule in the issuer or debt collector's favor. Try to work things out. Answer the summons. Consult an attorney. Go to court. Respond to the ruling.
What to Do If You Receive a Writ of Summons. As the defendant, after receiving a writ, you must then decide if you wish to contest the claim. If you choose not to contest the claim, the plaintiff can apply for a judgment without trial.Subsequent to your appearance, you must then serve your defence on the plaintiff.
In determining whether to grant or deny a preliminary injunctive relief, the courts generally look to several of the factors including: (1) the plaintiff's likelihood of prevailing on the merits;(2) a showing of irreparable injury to plaintiff if relief is not granted; (3) the threatened injury to the movant is
Compensatory damages - the amount of money the plaintiff lost where the defendant's tort was the legal cause of the loss.Injunctive relief - a court order prohibiting the defendant from continuing or repeating the tortious behavior.