A lawsuit is commenced with the filing of a complaint with a court which has jurisdiction over the cause of action, the person being sued and the relief being asked. In the complaint, the plaintiff states what damages or relief he or she is asking the court to award, the legal basis or the reasons why he or she is entitled to the damage and/or relief he or she is seeking, and the defendants he or she wants to answer for the damages he or she has suffered.

Tender of Lawsuit Summon

The clerk of court then issues a summons to the defendant notifying the latter that he or she is being sued, the nature of the complaint, and the time he or she has to file an answer with the court where the suit has been filed. The tendering of the summons is called service and also includes a copy of the complaint which has been filed.

In some courts, however, the summons and the complaint can be tendered directly to the defendant without prior filing of the complaint with the court. Once the defendant has received summons, he or she has a fixed amount of time to answer or respond to the complaint made against him or her.

Course of Actions

Within that time she may do the following:

• Answer the plaintiff’s complaint by stating his or her defenses and counterclaims against the plaintiff’s allegations as well as admit or deny the allegations made in the complaint.

• The defendant may also file a third party complaint if he or she believes that other defendant should be included in the complaint and also be held liable for the damages suffered by the plaintiff.

• The defendant may also choose to dispute the validity of the complaint by filing motions to dismiss the complaint. Should these motions be denied by the courts and an appeal is also denied, the defendant will have to file an answer to the complaint.

While these pleadings are usually drafted and filed by a lawyer, the parties to a suit may choose to do this themselves and courts do provide what is known as a pro se clerk to assist those acting as their own legal counsel.

This article is for information purposes only and not intended for legal advice. For legal assistance with a lawsuit summons, please contact the attorneys at Shavitz Law in Boca Raton, Florida.