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How to File Lawsuit Claiming Abuse on the Elderly

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    Instructions

    • 1). Gather evidence. Evidence includes notarized witness statements, documents, medical reports, video or audiotapes, and any other information that can prove the person was subjected to abuse.

    • 2). Determine the court that has jurisdiction. Filing a lawsuit in the wrong court puts the case in jeopardy of being dismissed. Lawsuits either are filed in circuit court or district court, depending on the monetary amount of relief sought.

    • 3). Compose the complaint. The complaint is a formal document that outlines the violation of law, facts of the case, and the resolution that is being sought.

    • 4). File the complaint with the court. The complaint must be filed in person with the clerk of the court that has jurisdiction. The clerk will date stamp the complaint, schedule a time for the court proceeding, and attach the summons to the complaint. A copy of the complaint and summons must be served on the parties who are being sued.

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