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What I learned about filing a civil lawsuit
Filing a lawsuit by myself was difficult. I asked
a lot of questions, and was as nice to the people who had the answers as
possible. There was a lot that I did not know, and I am still learning.
But here are some things I learned:
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There are different degrees of lawsuits. Any amount
under $2,500 goes to small claims courts. This is probably the easiest
paperwork to fill out. Any amount between $2,500 and 10,000 can be
handled by the justice courts. That paperwork was relatively easy
to fill out and can be found online at: http://www.superiorcourt.maricopa.gov/justiceCourts/pdfs/ApplicationforDefaultandEntry.pdf.
The third class of lawsuits is anything above 10,000. That is handled
by the superior court. That was my suit. This paperwork had
no instructions, and was extremely difficult to understand. I will
try to explain it, however.
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The forms can be found at: http://www.clerkofcourt.maricopa.gov/faxondemand/CATALOG.htm#CivilCourtForms.
The first form you need is 204. A civil cove sheet. This is
pretty straight forward. Who are you suing, what is the amount, what
did he or she do. You do not fill in the case number. That
is done when you file.
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The next form you will need is 200, a certificate of compulsory
arbitration. Basically if the amount is less than 50,000, then you
have to go to an arbitrator first. So you again fill out your name,
the person's name you are suing, and then sign and date it.
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Finally, you need to fill out form 207, a blank motion form.
This, for me was the most confusing. It just had a space for my name,
address and phone number, April's name and the case number.
It also has a spot for the title. The title should be whatever you
are claiming or whatever you want to happen (i.e. Motion for a Summary
Judgment; Breach of Contract). This form is what you use to tell
the court why you are suing the person and what you want to be done.
You can be as detailed or as brief as you want. Mine simply stated
my accusations: "The defendant has caused a breach of contract. The
defendant committed fraud." I should have been more detailed, I think,
but I got lucky.
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You will need to have at least two copies of the paperwork,
though I recommend three: one to be filed, one to be served, and one for
your records. When you file the paper work, you will also need to
fill out an official summons. This, along with the official copy
will be served to the person you are suing.
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There is a filing fee. The less money in dispute, the
less it costs. Mine was $245. If you win, you can collect that
as a part of the settlement.
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Once you file, you have to have the person served.
You have to hire a process server. It cost me $50, which again, I
can collect on that. They process server will fill out an affidavit
of service and send that to the court.
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Once the person is served, the person you are suing has 20
calendar days to file an answer. That person also has to pay a fee,
which if you lose, they can collect from you. If day 20 falls on
a weekend or holiday, the person has until the next business day to file.
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If the person fails to file, then you can file a motion for
a summary judgment. You need to fill out another blank motion form,
and put on there that you are requesting a summary judgment. I did
this online, which made it easier.
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Since April failed to file an answer to my complaint, this
is all I know. Still, it might help someone, so I might as well put
the information out there.