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auto accident lawsuit do you file summons first or complaint

injuries involved...
auto accident lawsuit do you file summons first or complaint injuries involved
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8/13/2013
Lucy, Esq.
Lucy, Esq., Attorney
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Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

The Complaint is the document that is filed to open the case. The Summons is the document that is served on the other party, with the Complaint, to put them on notice that there is a pending lawsuit against them and that he must appear. The Summons is not filed - a proof of service will be filed after the Summons and Complaint are served on the defendant. The Clerk of the Court should be able to give you a Summons when you file the Complaint. Proof of service is usually completed by the Marshall or Sheriff that serves the documents.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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Customer reply replied 4 years ago


extension need for statue can it be done with just extension form

You have the option of filing an Extension form to extend the statute. However, the statute of limitations is NOT extended until the judge actually signs the order. That's important, because filing the form does not automatically mean that you'll have more time to file the Complaint.

Another option might be to file a very simple Complaint that just sets out the facts of the case and a basic overview of the damages that you are seeking. You can then seek leave to amend the Complaint later to add more information. That helps ensure that there is something filed before the statute of limitations expires.
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Customer reply replied 4 years ago


when and how do you apply for extension and am do I understand that I can file a simple complaint form that the judge must sign to extend statue

If you file a Complaint, you no longer need to worry about the Statute of Limitations - the Complaint is filed. The judge does not sign a Complaint. If you want to amend the Complaint later, you would file a Motion to Amend and the judge would have to sign that.

You mentioned an extension form - it sounded as if you were saying that you have one. You would need a very, very, very good reason to extend the statute of limitations - such as that you were in the hospital for the past two years and could not have filed the case earlier. The request would have to be made before the statute expired. If you have enough time to request that the statute be extended, you have time to type up and file a Complaint. Here is some general information on extending the statute:
http://www.piercelawnc.com/extensions-of-time-to-file-complaint-durham-lawye/


Here is a sample auto accident Complaint. It says Maryland, but it should give you an idea of the language.
http://www.millerandzois.com/Sample_Auto_Accident_Complaint.html
Lucy, Esq.
Lucy, Esq., Attorney
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Customer reply replied 4 years ago


where can I purchase these forms

There are sites such as www.uslegalforms.com or www.legalzoom.com that may have auto accident Complaint forms available for purchase. You can also draft it yourself using examples found online or books found at a local law library.

The Summons is obtained from the clerk of the court.
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