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Complaints: A Comprehensive Guide to Their Legal Definition and Importance
Definition & Meaning
A complaint is a formal legal document that begins a lawsuit. It sets out the facts of the case and explains why the plaintiff believes they deserve a legal remedy. In civil cases, the party filing the complaint is known as the plaintiff, while the party being accused is referred to as the defendant. In criminal cases, a complaint may refer to the initial charges brought against an individual by law enforcement or the court.
Table of content
Legal Use & context
Complaints are used in various legal contexts, including:
Civil actions: Here, a complaint initiates a lawsuit, outlining the plaintiff's claims against the defendant.
Criminal actions: In this context, a complaint serves as the formal charge against a defendant, detailing the alleged criminal behavior.
Users can often manage the filing of complaints themselves using legal templates available through platforms like US Legal Forms, which provide guidance and ready-to-use forms drafted by attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Here are a couple of examples of how complaints may be used:
Civil complaint: A tenant files a complaint against a landlord for failing to make necessary repairs, seeking damages for the inconvenience and discomfort caused.
Criminal complaint: A police officer files a complaint against an individual for theft, outlining the alleged incident and the evidence collected. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Complaint Requirements
California
Requires a specific format and includes a statement of facts and legal basis.
New York
Must include a verification statement signed by the plaintiff.
Texas
Allows for simplified forms for certain types of complaints.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Common misunderstandings
What to do if this term applies to you
If you need to file a complaint, consider the following steps:
Determine the appropriate court for your case.
Gather all necessary information and evidence to support your claims.
Use legal templates from US Legal Forms to draft your complaint accurately.
If your situation is complex or you are unsure, consult a legal professional for assistance.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
A civil complaint initiates a lawsuit between private parties, while a criminal complaint involves charges brought by the state against an individual for violating the law.
Yes, individuals can file complaints on their own using legal templates, but legal advice may be beneficial for complex cases.
After filing, the defendant must be served with the complaint and summons, after which they have a specific period to respond.