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In Pro Per
Rule 8 - How to File a Lawsuit

 

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Procedures

Rule 8 is the Bing-Bang-Boom of Pleading.

Pleadings are the legal pages which you type your legal stuff on. All the documents filed in court are on letter size paper, with numbers down the side and then a line. Everything is double spaced. See pleading example.

Basically, what we have here are the ground rules for how you begin to sue someone's butt.

Part A tells the plaintiff how to sue. Part B tells the defendant how to answer. Part C gives 19 ways to leave your sue'er.

 

 

Part A

You need to sue someone to because of the crime they committed against you. You're not alone. Don't fear, many victims have been in your shoes, especially the shoes that require you to be your own attorney.

Your first step is preparing the lawsuit, or legal pleading. It is not complicated or fancy. You want to keep it short and plain. Show the following:

1. HOW - This is the jurisdictional statement typically at the beginning of the lawsuit. It states how the court is correct place to sue the defendant. This of it this way. If you live in city A and the person that committed the crime lives in city B, but the crime happened in city A, then you would file in a court that is located in city A.

2. WHY - This the part where you briefly explain you are entitled to sue the defendant and what kind of relief you are entitled to receive.

3. WHAT - You end the pleading with a prayer. No, not to God, but to the court that they grant you the following: then you list the actions you want the court to take in your favor.

 

Part B

Part B tells the defendant how to answer you. He only gets to answer in three ways

1. ADMIT - Don't be shocked when the defendant denies everything, even if he was caught with the smoking gun.

2. DENY - They always do this don't they?

3. KINDA DENY - This is the tricky one, the defendant can say, "Look dude, I'm pretty sure you're wrong, but I need to do further investigation to find out. Meanwhile I admit nothing." This is for all intents and purposes a denial.

 

 

Part C

Part C is the one you'll hate when you thought for sure you had the guilty party in your sights.

This is a list of the 19 ways a defendant can say, "So sorry Charlie, you lose."

These are the affirmative defenses, which are defenses that state, nice try, but due to some technicality today is not your day in court.

Just for giggles, I'll list them, but instead of memorizing them, just get a good idea of what they are:

  1. accord and satisfaction
  2. arbitration and award
  3. assumption of risk
  4. contributory negligence
  5. discharge in bankruptcy
  6. duress
  7. estoppel
  8. discharge in fraud
  9. illegality
  10. injury by fellow servant
  11. laches
  12. license
  13. payment
  14. release
  15. res judicata
  16. statute of frauds
  17. statute of limitations
  18. waiver
  19. any other matter constituting an avoidance or affirmative defense

 

WJFA nor anyone representing it interprets law or provides legal advice. All information on these pages were provided by victims of fraud denied justice and this section is only meant as an insight for other victims having to undo a crime in civil court.

 

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