A lawsuit against you matters ....
Okay, fine! You will be briefed here. Take it as a general information only. You should next find a lawyer in town for legal advice.
First, what is this service about?
It's about sms-target Database. Made possible by the marriage of wireless and internet applications for the Public Notice of lawsuits. That means, you just simply sms-target your number (ic or company) to match those available notices in our system.
No more flipping the newspapers, reading the small prints, column by column and day after day. They're usually appeared once in any one of the main dailies. If you miss it, that's it. Ignorance is no defence.
What is a Checklawsuit.com?
It's a database of owing-money lawsuits against individuals and companies. Notices that had been issued could be any of the following:
- summons and statement of claim
- judgement, usually default judgement
- bankruptcy or winding- up order
- creditors or winding - up petition
- insolvency notice.
These notices are posted on the Notice Board of the court where the lawsuit is pending and published in the press advertisements.
The court granted the posting and publishing of these notices and including those notices served by way of Substituted Service.
What we do is collecting relevant information of the lawsuit from these notices.
Our database grows by the day - it includes those latest notices too!
New records are collected regularly from notices that had appeared the day before or so. It could be a legal action against you, your spouse, friends, relatives or company.
In any event, if you're facing a lawsuit or judgement at this time you should consult with a lawyer to represent you in the court where the suit is pending. Time can be very important.
You got to be certain. Life must move on with certainty. To ascertain has never been easier!
It's about your financial health. Don't wait. SMS now!
What is a lawsuit?
A lawsuit is a comprehensive term for any proceeding in a court of law whereby a plaintiff seeks a legal remedy. It commences by the filing of a petition - asking the court for relief. The court issues a 'summons and statement of claim' document prepared by the plaintiff's lawyer. This document is served upon you, by handing it to you in person or by way of substituted service.
Thereon, the said matter is in the hands of the court. The court will determine whether you owe the plaintiff money, and if so how much.
If the judgement is against you, the plaintiff can use certain legal powers to force you to pay the debt or at least try.
What should I do when I am served with a summons?
You should immediately hire a lawyer to investigate and prepare your defence. For whatever reasons you may have, a lawyer should represent you, what more if you dispute owing the money, or have any valid defences or counter claims against the plaintiff.
If you fail to react fast, the plaintiff, say a bank or whoever is suing you will obtain a default judgement against you. The plaintiff wins because you didn't timely answer.
The judge will sign a court order called a default judgement saying that you owe the plaintiff whatever some of money it is.
What happens when there is a judgement against me?
A judgement is a judicial determination that you owe a plaintiff a sum of money. It's just a piece of paper and you're not going to be put in jail. But it can have serious implications upon you.
You, the defendant will then be called the debtor and the plaintiff is the creditor.
If it is a default judgement and the court couldn't serve you in person or at your last known address, it will be served by way of Substituted Service. If application is made and the court grants it, then the judgement will be published in the main newspaper. After this, if you don't pay the judgement sum, further action against you can take place.
What is a Bankruptcy Notice?
When the judgement has been 'served' and whether you knew it but keeping quiet or do not know about it, the creditor may issue a Bankruptcy Notice, asking you to pay the amount you owe within a certain period. Failure to do so, the creditor may next petition you.
What is a Creditor's Petition?
If you, the debtor has committed an act of bankruptcy, then this will entitle the creditor to present a Creditor's Petition.
And with this, a bankruptcy proceeding will take place to have you adjudicated a bankrupt and to have a receiving order passed against your assets. However, proceedings may be useful if there are assets to be recovered.
What is a Substituted Service?
A method for the formal delivery of court paper that takes the place of personal service. It means the papers are placed directly into the hands of the person to be served. Substituted Service, on the other hand, may be accomplished by posting a notice in the court and by publishing it in a local newspaper. This is valid only if certain specified procedures are followed:
- Summons and statements of claim filled by plaintiff
- This service to defendant is by way of personal service or AR registered post or by leaving it at the registered office, if the defendant is a company . They are three attempts,
- If the summons is not received by defendant, then the Plaintiff may apply for substituted service (SS),
- Plaintiff will file application in court and affidavit,
- Once order granted for SS, a notice will be posted in the notice board in the court and it will be published in the local newspaper.
- Stipulated in Practice Note no. 1/1968.
What is a summary judgement?
It is a judgement rendered by the court prior to a verdict because no material issue of fact exists and one party or the other is entitled to a judgement as a matter of law. Such a judgement may be issued as to the merits of an entire case, or of specific issues in that case.
What is a default judgement?
It is a judgement entered in favour of the plaintiff when the defendant fails to appear in court.
What is out of court settlement?
It is an agreement where parties to proceedings settled or compromised all or any of the matters in issue between them without reference to the court and at any time before final judgement.
Definition of Legal Terms:
Advocate - One who is qualified and has the right to plead another's cause in court. Appeal - a legal proceeding in which the appellant resorts to a higher court for the purpose of obtaining a review of the lower court decision and a reversal of the lower court's judgement or the granting of a new trial. Affidavit - a written statement sworn to be true before someone legally authorised to administer an oath. Affirmation - a judgement by a higher court that the judgement of a lower court was correct and should stand. Bankruptcy - Inability to discharge all debts as they come due Bankruptcy Notice - The notice served upon debtor by a person who has obtained against him in any court a final judgement. Bankrupt - Someone who has insufficient assets to cover his debts - financially ruined Bench - the magistrate or judge sitting in court judicial capacity to administer justice. Breach of contract - failure to perform the obligation under the contract. Case - a comprehensive term for any proceeding in a court of law whereby an individual seeks a legal remedy. Chamber - a room where a judge transacts business. Counterclaim - made by a defendant who alleges that he has any claim, or is entitled to any relief or remedy against a plaintiff instead of bringing a separate action. A counterclaim must be separately pleaded. Countersuit - a suit brought against someone who has sued you. Creditor - a person (plaintiff) to whom money is owed by a debtor. Creditors petition - proceeding in the court for the distribution of the assets of a debtor among his creditors , and to relieve him of the unpaid balance of liabilities. Contempt of court - conduct likely to prejudice the fair trial of an accused person, punishable by fine or committal to prison. Court - the office of a magistrate or judge to conduct judicial business. Court order - a writ issued by a court of law requiring a person to do something or to refrain from doing something. Cross examination - the questioning of a witness that has already been questioned by the other side. debtor - a person who owes a creditor; someone who has the obligation of paying. demand - lay legal claim to. damages - a sum of money paid in compensation for loss or injury. default judgement - a judgement in favour of the plaintiff when the defendant fails to appear in court. hearing - a proceeding where evidence is taken for the purpose of determining an issue of fact and reaching a decision based on that evidence. injunction - a judicial remedy issued in order to prohibit a party from doing or continuing to do a certain activity. insolvency - the lack of financial resources. judgement - the determination by a court of competent jurisdiction on matters submitted to it. Legal action - a judicial proceeding brought by one party against another. Litigation - the taking of legal action by a party, who is known as litigant. Liquidation - termination of a company operation by using its assets to discharge its liabilities. Moratorium - suspension of an ongoing activity. Oath - a commitment to tell the truth; to lie under oath is to become subject to prosecution for perjury. Plaintiff - a person who brings an action in a court of law. Perjury - criminal offence of making false statement under oath. Plead - make an allegation in legal proceeding, especially answer the previous pleading of the other party by denying facts therein stated or by alleging new facts. Pleading - a statement in legal and logical form stating something on behalf of a party to a legal proceeding. Redress - see 'Damages' Relief - redress awarded by a court Set - off - pleading by way of defence to the whole or part of the plaintiff's demand but sets up one which counter balances it. Amount to set off must have been due at the time of the issue of the writ. Nothing which is not a money claim may be set off. Setting aside - cancelling or making void. Solicitor - a lawyer who gives legal advice and prepares legal documents. Stay - a judicial order forbidding some action until an event occurs or the order is lifted. Stay of execution - an order whereby a judgement is precluded from being executed for a specific period of time. Strike off - remove from a list Substituted service - where the plaintiff cannot serve a writ on the defendant, he may apply ex-parte on affidavit to court for an order for substituted service , e.g. by press advertisement. Summons - a process of court asking the opposite party to an action to appear and answer the claim preferred by the party who has brought the action. Trial - any hearing before the court at which evidence is taken. Winding - Up - a process of liquidation of company. witness - a person who testifies under oath in a court of law. writ - a legal document issued by a court. writ of execution - a court order to enforce the judgement that has been granted to a plaintiff. writ of summons - The commencing stage of an action whereby the defendant is called on to acknowledge the claim being made by the plaintiff and to give notice of him intention to defend. It must be endorsed with a statement of claim.
Reference: wordnet.princeton.edu & others.