In some jurisdictions, a claim is initiated by filing a subpoena, claim form, or complaint. These documents are known as pleadings, which expose the alleged injustice committed by the defendant or defendants with a claim for redress. In other jurisdictions, the action is brought by service of legal proceedings by service of such documents on the defendant through a dispute server; Only then are they submitted to the court with an affidavit of the contentious proceedings, that they have been handed over to the defendant in accordance with the Code of Civil Procedure. APPLICANT, convenient. A person who, by means of a personal complaint, seeks redress for a violation of his or her rights. Ham. About the parties, H.T.; 1 puppy. Pl. Index, h.t.; Note. Pr. Index, h.t.; 1 Com. Dig. 36, 205, 308.

2. Applicants are legal or fair. The legal plaintiff is the one who has the title or cause of action. The plaintiff in equity is the one who, since he does not yet have a legal title, is entitled in equity to the object pursued; For example, if Benjamin Franklin sues for the use of Robert Morris, Benjamin Franklin is the legal plaintiff and Robert Morris is the just plaintiff. This is the usual way to bring an action when the remedy is not legally transferable, but fair. Empty Bouv. Inst. Index, h.t.; Parties to proceedings.

In most English-speaking jurisdictions, including Hong Kong, Nigeria, Australia, Canada and the United States, as well as Northern Ireland and the Republic of Ireland, the legal term « plaintiff » is used as a general term to refer to the party bringing a civil action. As a defendant in a debt collection case, you may not know you have the upper hand, even if it doesn`t seem like it at first. Indeed, the plaintiff must prove that you really owe him the debt in question in order to win the case. The obligation to prove the claimant`s allegations is legally called the burden of proof. If you don`t tell them you don`t want to be contacted, the collection agency can always contact you about the debt. If you inform the collection agency or creditor to stop contacting you, they are legally obliged to stop communicating immediately. A plaintiff (Π for legal abbreviation) is the party who brings an action (also called a claim) in court. The applicant therefore requests an appeal; If this search is successful, the court will rule in favour of the plaintiff and make the appropriate court order (for example, an order for damages). « Plaintiff » is the term used in civil matters in most English-speaking jurisdictions, the notable exception being England and Wales, where a plaintiff has been known as « plaintiff » since the introduction of the Code of Civil Procedure in 1999, but this term also has other meanings. In criminal cases, the prosecutor prosecutes the accused, but the lead complainant is often referred to as the « complainant ». Summary: In a debt collection action, the plaintiff is the person or company that sues someone for a debt.

Here`s everything you need to know about applicants. They can only contact you if they wish to inform you of the next legal proceedings. In most cases, they will let you know that they intend to take legal action against you. The plaintiff, the party bringing an action or on whose behalf it is brought – as opposed to the defendant, the party being sued. The term refers to the applicant in equity and civil law and defamation at the Admiralty. It is also generally applied to the plaintiff of equity, especially in jurisdictions where law and equity are merged. The party who pursues an error to review a judgment or other proceeding is often referred to as an erroneous plaintiff, whether the party is the plaintiff or the defendant in the lower court. The word plaintiff dates back to 1278 and comes from the Anglo-French word full, which means « to pursue ». It was initially identical to « plaintive » and entered the 15th century. The spelling -iff returned to legal use in the nineteenth century. [1] The word applicant is closely related to the complainant. In the legal field, the plaintiff is more often used in civil cases such as personal injury, debt collection, breach of contract, etc.

On the other hand, the word complaint is mainly used in criminal cases. The person who files a criminal complaint is considered a complaint against the accused. For this reason, the former is often referred to as the complainant, that is, the person who files the complaint. We will not complain about the origin of the applicant, although the complaint and the applicant are far apart; Both date back to Plangere, a Latin word meaning « to beat, to beat the chest or to complain. » The plaintiff comes to plaintive Middle English, itself an Anglo-French loan that goes back to plaint, meaning « complaint ». (The English word plaintive is also related.) Logically, the plaintiff refers to the person who files the complaint in a court case. The party against whom the complaint is directed is the respondent; or, in the case of a petition, a respondent. Case names are usually given first with the plaintiff, as in plaintiff v. defendant. Britannica.com: Encyclopedia article on the plaintiff In England and Wales, the term « plaintiff » replaced the term « plaintiff » after the Code of Civil Procedure came into force on April 26, 1999. [2] This decision, which sets England and Wales out of the vernacular language in English-speaking jurisdictions, would have been based on the assessment that the word « applicant » is more acceptable as « applicant » than the word « applicant ». [3] In Scots law, a plaintiff is called a « persecutor » and a defendant is called a « defence lawyer ». [4] Our editors will review what you have submitted and decide whether or not to revise the article.

For example, in civil proceedings involving the collection of debts, the judge may rule in favour of the plaintiff if the defendant fails to comply with a subpoena. Here`s how it works. Middle English plaintive, from Anglo-French, from fulltive, adjective However, the above requirement applies only in civil matters. In criminal cases, the plaintiff must prove beyond a doubt to the judge or jury that the defendant, in this case the defendant, is guilty of the charges against him. As the name suggests, this is often a burden that the plaintiff carries when bringing legal action against the defendant. Even if the applicant must prove that you owe the debt in question, they do not have to prove beyond a doubt that you owe the debt. Instead, they just need to convince the court that there is more than a 50% chance that you owe the debt. This decision is made whether or not you owe the debt. The reasoning is that ignoring a court order is as good as admitting guilt in such a case. It is also important to note that debt collection actions are time-barred.

For this reason, you must respond immediately to the subpoena and complaint. Nglish: Translation of the applicant for Spanish speakers The burden of proof lies with the applicant if you reject the application completely or if you contest parts of it.