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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
Emotional Duress and Loss (or Reduction) of Credit Score would be claimed as elements of damages and not as counts or allegations in the cause of action.
They would be included in the damages section detailing what the actions of the other party caused.
Good morning. Thanks for such prompt reply. Just to be clear, these are part of the first couple pages of the complaint, where "Parties," "Venue," and a brief summary of the complaint are all spelled out, correct?
Form is my question, I guess.
It depends on your format. Some people place the damages in a very general paragraph in the first few pages, some do that and then give a detailed breakdown at the end, and some just do it at the end of the complaint. I have always saved my damages paragraphs for the end of the complaint.
In other words, the general outline I use would be:
Description of Facts
Cuases of Action
And whether they are front or back, they are still just stated in a summary fashion, but perhaps brokend down with (1)...(2)...(3), etc.? To keep the complaint simple, yes?
(1) the loss of use of his personal property (“Property”); (2) the loss of personal income (“Income”) derived from the use of that property; and (3) the loss of corporate equity (“Equity”) diminished or lost; (4) loss of personal credit and professional standing (“Credit”); (5) emotional duress (“Duress”);
or is this too much?
That looks fine to me.
I like to use specific paragraphs for each set of damages and that way they are easier to track and prove.
Plus the federal system prefers that format.
Great. Yes, I did that on an earlier draft, and I think I will return. I know each complaint has its own attorney's signature to style. Some excellent attorneys are poor drafters, and some poor attorneys write pretty complaints. So I appreciate your input. I appreciate the note on the Federal point to; it is a jurisdiction that is much easier to navigate over State court, once you get used to it. Thanks again. (Michael)
You're welcome. Will do.