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Many factors must be considered before a decision is made to file a suit. The importance of
the matter involved must be compared with the time, effort and expense required to assert your
claim. You must also evaluate the probable chances of succeeding or of failing to achieve the goals
you set out to accomplish when you file your lawsuit. In any given case the determination as to
whether to file a lawsuit depends upon a careful examination of the facts of your case. It is best to
discuss all of these factors with your attorney before you make the decision to commence a lawsuit.
A lawsuit is commenced by filing the appropriate document at the courthouse where you
wish to commence your suit. Usually this document is a Complaint. In smaller cases and many landlord/tenant matters the Complaint may be filed at the office of the local Magisterial District
Judge. Complaints filed with the Magisterial District Judge are comparatively simple documents
and the employees at the Magisterial District Judge offices are prepared to assist in the preparation
of the Complaint.
In more serious matters the Complaint must be filed in the office of the Prothonotary at the
County Courthouse or at the Office of the Clerk in the Federal Courthouse. Complaints filed at the
County Courthouse or the Federal Courthouse are more complicated documents than those filed with
a Magisterial District Judge. It is necessary to set forth a full and complete explanation of the reason
why you are commencing a lawsuit. There are various rules that govern the drafting of a Complaint
to be filed in County or Federal Court. A Complaint filed in County or Federal Court must be
carefully drafted to comply with these rules. Again, you should consult with your attorney about the
preparation of a Complaint.
Occasionally, there may not be time to draft a Complaint before suit is commenced. In this
situation it is sometimes possible to begin your lawsuit by filing a request with the court that the
court issue a Writ of Summons to be served upon the defendant to inform the defendant that you
have commenced a lawsuit. The Complaint can then be filed later.
It is not sufficient to merely file the appropriate document with the court. Steps must be
taken to serve a copy of the document upon the defendant. Usually this is done by the Sheriff, but
may in appropriate circumstances be done by other individuals or by certified or regular mail.
There are fees for filing a Complaint and for having the Complaint served upon the
defendant. You may find out what those fees are in any given case by calling the Clerk or
Prothonotary of the Court in which you intend to start your lawsuit.
It is important to remember that there are time limitations with respect to the assertion of your
claims in a lawsuit. Statutes of Limitation set forth the period of time available for you to start your
lawsuit. If you do not start your lawsuit within that time period, your right to assert your claims will
probably be lost forever. In addition, there are times it is necessary to inform someone of your
intention to sue. For example, if you wish to sue a government unit you must provide it with notice
of your intention to sue within a specified time period. Again, the failure to comply with this time
requirement may bar your right to assert your claim.
Starting a lawsuit is only the first step. Once the lawsuit is started there are numerous
procedural rules governing the progress of a lawsuit. These rules explain which pleadings must be
filed, the discovery or investigation which is permitted, and the manner of securing a trial or hearing
in your case. Your attorney is trained to comply with these rules to insure that your legal rights are
properly protected.
If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411. |
