Topic: Write letter to us senator
July 18, 2019 / By Abbigayle Question:
Here's the previous question:
We have completed a letter, but are not sure if it's good. Please correct it.
To the court,
We were requested to file a written answer to a petition by Marilyn Mehling. This is our answer:
We, [our names], purchased our property of [our address] in June 2008 and moved in on June 20, 2008. Since we have purchased our property, we did not construct a fence, as it existed before we purchased the property, and we did not add three feet of dirt, therefore we have not changed the historical condition of our property.
Our backyard and the property of [plaintiff's property] share a common backlot line. Our backyard also has a significant slope, as it has had since we purchased our property.
Months after we purchased and moved into our property, the Plaintiff filled his backyard with apporoximately two feet of dirt without consulting us. His backyard now has a higher elevation than ours, causing surface water from his backyard to pool into ours, creating a hazardous environment for our family.
Therefore, we pray that the court and the Plaintiff check the facts before sending us frivolous claims and wasting our time and causing us emotional distress such as this.
Is it okay as it is?
Ignore the Marilyn Mehling part please! I forgot to censor it! -_-
I have a hard time believing that a lawyer and a former senator would call himself Loser McDuckface...
At the end of the Plaintiff's letter, he says something like "Plaintiff prays that the court blah blah blah, and the Defendants pay for their actions, blah blah blah..." so we just wanted to copy that :\
Originally Answered: I am being sued for $60?
Plaintiff has filed a complaint and if they have come and dropped it off, that's all the service you get. Since you have been notified about the lawsuit, you must prepare a response within that time period. They can move for default judgment if you do not (but courts don't like to grant them: they'd rather find the answer based on the merits of the case, not the procedure, so you probably have extra time if you can't get it done by then... but you should, just in case). By the 20 days you must make your first response... this can either be any objections that you would want to make about the case (that the court doesn't have jurisdiction over your person or over the subject matter or venue or that the other side fails to state a claim on which they can recover) or an answer to the complaint (where you go through 1 by 1 each of the plaintiff's statements to answer whether it is true or not or if you don't have information about that statement). After that you start a discovery process in which you and the other side disclose the necessary information: there's some things that you have to disclose immediately and some things you must disclose only after the other party asks for it... and you can object to some information that you believe you shouldn't have to give. In this stage you get all the information that you'll need to prove your case. You and the other party have to meet to discuss how discovery will be handled, then you have to meet again later with the judge to discuss those things further. At that meeting you'll get the rest of a timeline for the end of the case. There'll be a timeline for the rest of discovery and a date set for the trial. Most of the time lawsuits will not get beyond this point... only 2% of cases actually get to trial. During discovery you'll likely come to a settlement agreement with the other party... if you don't manage to agree, both parties will move for summary judgment (it's a motion for the judge to decide the case based on the information that's currently available... you're saying that you win based on the law... if there's a question of fact that the judge would have to allow the jury to answer, the judge will deny the motion). If you don't get a settlement or a summary judgment, the lawsuit goes to trial and you and the other party present your cases and the judge listens and he'll decide. Afterward if you or the other party doesn't like that decision, you can appeal where an appellate court will listen to your arguments about why the lower court made the wrong decision and that court will decide whether the lower court made the wrong choice (appellate courts do not consider the facts... it's only about whether the lower court misapplied the law). And you can appeal again to the Supreme Court if you're still unhappy. Very few lawsuits make it that far.
Originally Answered: I am being sued for $60?
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