Complaint facts for kids
A complaint is an important official paper used to start a lawsuit. When someone wants to take another person or group to court, they file a complaint. This paper explains why they are suing and what they want the court to do to fix the problem.
The person who starts the lawsuit is called the plaintiff. The complaint must clearly state the facts of the situation and the legal reasons for the plaintiff's case. It also asks for a specific solution, like money to cover damages or for something to stop happening.
Once the complaint is filed with the court, an official notice called a summons is sent to the person or group being sued, who is called the defendant. This summons lets the defendant know that a lawsuit has been filed against them. After receiving the complaint, the defendant usually has a certain amount of time to send their own official reply, called an answer, to the court.
Writing a complaint needs to be done very carefully to make sure all the facts and legal reasons are correct. Because of this, people often get help from a lawyer to prepare and file these important papers.
Contents
Starting a Lawsuit
When someone decides to sue, it's usually because they believe another person or group has done something wrong that has harmed them. The complaint is the very first step in getting the court to look at their problem.
What's in a Complaint?
A complaint usually includes:
- The names of the plaintiff (the person suing) and the defendant (the person being sued).
- A clear story of what happened, explaining the facts of the situation.
- The legal reasons why the plaintiff believes they have a right to sue. This means explaining which laws or rules were broken.
- What the plaintiff wants the court to do. This could be money, or asking the court to make someone do something or stop doing something.
Why is it Important?
The complaint is very important because it sets the stage for the entire lawsuit. It tells the court and the defendant exactly what the case is about. If the complaint isn't written correctly, the court might not be able to hear the case, or the plaintiff might not get the solution they are looking for.
Complaints in Other Cases
Sometimes, complaints are also used to start certain types of cases where the government is involved. For example, if someone breaks a law, the government (sometimes called "the state" or "the People") might file a complaint to start a case against them. This is how the government begins the process of enforcing its laws. In the United States, for example, this can happen for less serious law-breaking incidents.
Images for kids
See also
In Spanish: Querella para niños