3 ms·
"The filing is what makes it officially into a real lawsuit before the court" That is only true in the sense that the court will now view it as "something" rat
by tomasien 9y ago
"The filing is what makes it officially into a real lawsuit before the court"
That is only true in the sense that the court will now view it as "something" rather than "nothing". You are not being sued until a lawsuit is served, and the difference between having a lawsuit filed against you and having a lawsuit served against you is massive. A lawyer has a decent amount of liability for filing a lawsuit that turns out to be total bullshit, but that liability skyrockets once it is served, so if the public is trying to determine how seriously to take a suit, whether it is threatened/filed/served are three very different tiers.
- jo909 9y agoHow many lawsuits are filed but then not served intentionally (not from lack of being able to find the other party)? If the liability skyrockets there should be a decent number of cases where the suing party has a change of heart and does not take it to the next tier of seriousness. If there isn't the difference is without distinction. There is little incentive to use the filing as a seperate tactical step and then not try to serve or delay it (for the plaintiff). I'd say the filing is the start of the lawsuit for the plaintiff, the serving is the start for the defendant. Which makes the filing the overall start of the lawsuit. It is definitely not a mere threat.