Is It Possible To Sue An Individual Without Hiring An Attorney And How Does One Enter A Motion?
Yes, it is possible to sue somebody without an attorney. It is usually done without an attorney in small claims court. For small claims court in Pennsylvania, there are forms that you can fill out at the District Judge (Justice of the Peace) office.
It is also possible, at least in Pennsylvania, to sue somebody in regular county court. It is typically begun with the filing of a complaint, typically having numbered elements which recite the facts, and at the end includes a statement of the amount in question. You can go to your county’s law library and look at form books to get an idea of how a complaint is set up.
In my county, amounts sued for less than $25,000 are heard by a panel of arbitrators, and not the judge. An arbitration panel consists of three attorneys selected on a rotating schedule. Arbitration hearings are informal, and the parties have the opportunity of calling witnesses and presenting evidence. A panel of arbitrators can render a verdict, which, if one party disagrees with the verdict, it can be appealed to the Court of Common Pleas and there will be a hearing on the appeal in front of a judge.
Motions are responsive pleadings, typically stating a list of facts, stating that there is a legal cause of action, and generally a proposed Order of Court is attached for consideration of the judge. Some counties have “motion judges” who are assigned on a rotating basis. Sometimes a motion will be considered as filed, other times a hearing will be requested.
This is not to be considered to be legal advice. You are not my client and I have not solicited you as a client. Matters vary from state to state and from county to county. Situations can be different based on facts as presented. The best advice I can give you is that you should consult with an attorney admitted to practice in your jurisdiction.
Tagged with: Attorney • Enter • Hiring • Individual • Motion • Possible • Without
Filed under: Attorney FAQ
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