REVIEW WHAT YOU LEARNED:

1. How does the plaintiff’s attorney begin a civil lawsuit?

To begin a civil lawsuit, the plaintiff ’s attorney files a complaint with the clerk of the
court, which is the plaintiff ’s first pleading.

2. What two purposes do pleadings serve?

Pleadings serve 2 purposes: (1) giving notice to all parties of the claims and defenses in
the suit and (2) narrowing the issues for trial so that both parties and the court know
the legal issues that must be decided.

3. How is the defendant notified that a lawsuit has been brought against him/her?

The defendant is notified of the suit by a method known as process, which is defined as
a means of compelling the defendant in an action to appear in court.

4. Describe 3 ways that process may be served on the defendant.

Process can be served in 3 ways as follows:

(1) Personal service: a copy of summons and complaint are delivered to the
defendant personally

(2) Constructive service: the summons and complaint are left at the defendant’s last
and usual place of abode

(3) Substituted service: the summons and complaint are delivered to the defendant’s
agent, mailed, or published in a newspaper.

5. In what ways may process be served if the defendant is a corporation?

If the defendant is a corporation, process may be served on an officer of the

corporation, on a registered agent of the corporation, or on the person in charge of the
corporation’s principal place of business.

6. How can plaintiff be assured that money will be available from defendant if the
plaintiff wins a lawsuit?

This assurance can be accomplished by attaching the defendant’s property at the

beginning of the action. An attachment is the act of taking a person’s property and
bringing it into the custody of the law so that it may be applied toward the defendant’s
debt if the plaintiff wins the suit.
Under a typical state law, what two documents must the plaintiff’s attorney file with the
court to obtain an attachment?

The plaintiff ’s attorney must file a motion for attachment at the same time the
complaint is filed and an affidavit signed by the plaintiff, stating facts that would warrant
a judgment for the plaintiff.

8. How is the defendant notified of the plaintiff’s motion for attachment?

The motion together with the other documents (affidavit, summons, complaint, a notice
of hearing) is sent to the process server who serves them on the defendant.

9. The court may allow an attachment if it finds what?

If it finds that a reasonable likelihood exists that the plaintiff will recover a judgment
against the defendant for the amount of the attachment over and above any insurance
coverage that the defendant has.

10. On what three occasions may the court allow attachment without notifying the
defendant beforehand?

The court may allow the attachment without notifying the defendant if it finds (1) that
the defendant is not within its jurisdiction but the defendant’s property is, thereby
giving it quasi in rem jurisdiction, or (2) that a danger exists that the defendant will
conceal the property, sell it, or remove it from the state, or (3) that a danger exists that
the defendant will damage or destroy the property.

11. What is done with the writ of attachment/notice of lis pendens when real
property is attached?

It is recorded at the registry of deeds in the country where the property is located.

12. What is a statute of limitations, and why is it important?

A statute of limitations sets a time limit for how long plaintiffs can wait, after the
plaintiff is aware of the action (or reasonably should be aware), to file a lawsuit. It is
important for the applicable statute of limitations can decide whether the lawsuit is
barred from being filed.