This week we will go back to defining legal terms
FIrst things first- naming the defendant(s)
We will cover what pleadings are and what needs to be in them for you to increase your chances of winning your case.
Before we get to pleadings which are the written documents you supply the court with which lays out your story, make sure you have named the defendants by their proper legal names. That applies regardless of whether you are suing an individual or a company.
If you file papers with an incomplete name, or you sue a trade name, or you name the company incorrectly, the process will not get you the desired result.
The same holds true if you are suing an individual. Be extremely careful that you have spelled both the first and last names correctly. Does this defendant have a middle initial that would distinguish him from others with the same name? Better put that down.
I know of folks who have gone to the tremendous expense and effort to get a judgment that was essentially useless when it came to getting the judgment enforced because they had not named the party correctly.
Pleadings are what you write to convince a judge of the righteousness of your claim.
It explains the cause of your claim. Why this defendant should be liable. Why and how he or she caused the damage that you are now looking for restitution for. You need to explain what happened, where it happened and how.
You then need to lay out exactly how you came to the dollar amount you are claiming for.
The more documentation you have to back up your numbers and story the more likely you are
to get what you are asking for.
Writing good pleadings is very much an art form. It can be done simply or it can be done in a very lengthy, convoluted and meandering manner that will often leave a judge scratching his head or worse, frustrated.