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  • My Legal Briefcase

    The Difference Between Plaintiff Claim Forms and Defendant Claim Forms – Part One
    Posted: 2011-01-13 06:59:15

    By Laurie Lonsdale

    It’s seemingly a normal non-eventful day at home or work, when suddenly you are the recipient of court documents arriving in the form of registered mail or served to you in person. The documents indicate that a claim has been brought against you and you now unfortunately are engaged in a lawsuit. After the initial few seconds of shock, frustration, anger, or disbelief wear off, it’s time to take a deep breath and face the situation at hand. But where should you begin?

    The first thing to note is whether you were served with a Plaintiff’s Claim Form, Form 7A, or Defendant’s Claim Form, Form 10A.  This information is made clearly legible at the top of the first page, just to the right of the court name and address of where the claim was filed.

    If the document says “Plaintiff’s Claim”, it means the lawsuit is between the person alleging the claim (Plaintiff) and you, as you are now the Defendant. The responsibility of proving the claim, known as the ‘onus’ of proving the claim, rests with the Plaintiff, and it is up to you to ‘Defend’ yourself by disproving their allegations.

    But what happens if you are served with a “Defendant’s Claim”?  How is it possible that a Defendant can serve another Defendant with a claim? Has a mistake been made?

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