What is Failure to State a Claim?
Defendant files ANSWER
Fact finding occurs through DISCOVERY
Any and All MOTIONS
Possible JUDGMENT, MEDIATION or SETTLEMENT is entered.
A TRIAL may occur when settlement is not reached.
Failure to state a claim for which relief can be granted is a defense often raised by the defendant. This defense is typically raised in the defendant’s answer and explains why the plaintiff does not have a proper claim to bring. In other words, the defendant will state why they properly complied with the terms of the agreement or contract and that bringing a lawsuit against the defendant is not justified. The Failure to State a Claim argument shall be discussed and brought forth in a Motion to Dismiss.
At Northwest, we serve as registered agents for service of process in any State for our clients to help you keep your lawsuit complaint more private. As your agent, your complaint from the plaintiff will come to us instead of you, and we then upload the full scan of the complaint into your online account immediately. No more nasty visits to your workplace or home. You can view more about our services for whatever state you're in below.
How to File
How to Defend