Suing Someone if You Dont Know Where They Live
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- The basics of beginning litigation
- Do you lot actually have a good legal case?
- Can y'all not sue this person or company?
- Have yous sent an breezy last need?
- Is the accused able to pay?
- Are You able to pay?
- The lesser line
The nuts of beginning litigation
When you have been wronged in some manner, the urge to litigate tin can be overwhelming. You lot have damages, right? Someone wronged you! That ways you lot should be able to sue someone!
Well, yous might march downwardly to the nearest police office and demand they take your case, only to be told that it isn't financially feasible for them to do so. Why would they waste time on a case only to pay more than in costs than their office receives from the settlement?
That doesn't close the courtroom doors to you. If annihilation, your legal options remain the aforementioned — you just won't have a lawyer handling everything.
So, how do you sue someone, anyhow? What are the starting time steps? Before you practise that, stop and ask yourself some questions first.
Do you really take a good legal case?
Just because the neighbor'due south kid ran a dune buggy over your backyard and caused $17,500 in landscaping bills doesn't hateful a lawyer will be interested in pursuing justice on your behalf. This goes for business organization contracts, family disputes, vendor issues and contract negotiations. Even though information technology'due south important to you lot, information technology might non be important to anyone else.
Enjuris tip: Pursuing a case likewise doesn't guarantee you lot volition get an enormous settlement; in fact, you lot might spend more trying to litigate than y'all receive equally compensation.
Take a step dorsum and really, really look at your example. Be objective. You must establish a burden of proof when presenting your example in courtroom, and depending on what the dispute is, the burden will exist dissimilar (did somebody break the terms of a contract? Did a vendor hurt your business past not supplying promised widgets in a timely mode? Was your car hit in a parking lot?).
There are many different types of law, and lawyers typically specialize in ane or more than. Some just brand their living writing manor plans, while others are in court every mean solar day for a whirlwind of criminal cases. Even each of those crimes has a different burden of proof; establishing outset-caste murder is much different than burglary.
The point is, it'south imperative to determine what blazon of example you have and what the legal elements are.
For example, a personal injury example usually requires plaintiffs to illustrate the concepts of negligence: that an injury occurred; that the defendant owed you, the plaintiff, a duty of intendance; that a breach of that care occurred; and this resulted in amercement. The elements would be different for a alienation of contract, which mean you must show that a contract was formed; that y'all performed equally required under the contract, only a breach occurred when the accused did not; and this breach resulted in damages.
If you get the elements incorrect, the court might take pity on you lot every bit someone appearing pro se (without a lawyer) and let you refile, simply some judges will toss your case out. At the very least, enquire an attorney what type of example you lot accept to make certain you are correct the beginning time.
Tin can you not sue this person or company?
Lawsuits are long, difficult slogs, especially for someone who doesn't make a living handling them. How will you know of whatever pre-filing requirements? What are pre-filing requirements? Will you know how to prepare for hearings and depositions? How should you act in court? Exercise you need to bow to anyone?
Being a lawyer is hard; that's why it takes so much fourth dimension and coin to become one. Lawyers typically do non stand for plaintiffs at small claims court because the stakes, shall nosotros say, are too depression — but that makes those cases no less complex for a layperson.
If the dispute tin be solved by whatsoever other means, even alternative dispute resolution like mediation or mediation, do that instead. It'south easier for anybody involved, less stressful and likely cheaper, too. Sometimes all it takes is the right proposition to reach a compromise.
Have yous sent an informal final demand?
Many people really forget to do this, simply sometimes the impression of 1 last letter of the alphabet, manus-delivered or sent by certified postal service, render receipt requested, can make an enormous touch on.
The alphabetic character should be typed and official-looking, with your contact information clearly listed. In this alphabetic character you lot should country what happened, the previous attempts yous've fabricated for restitution, and what you are willing to accept. Make sure that at that place is no doubt of your intent. Should they not comply, you will file a lawsuit.
Often, a good threat works where other words neglect.
Is the defendant able to pay?
Vengeance won't taste equally sweet when you realize that even though you lot got a $fifty,000 judgment, the defendant has already filed for bankruptcy. Don't get caught paying for litigation that won't reap whatever advantage.
Are Y'all able to pay?
Filing fees are expensive. So is paying for depositions, witness reports and the like. Personal injury attorneys usually work on contingency but because it would not be financially possible for a plaintiff to bankroll a lawsuit; criminal attorneys similar to charge by the hour. Far too much is required in fees on an up-front end footing. For types of cases other than personal injury, ask for the attorney'south estimated fees and weigh whether it would be smarter to settle or pursue a claim pro se.
While this likely won't occur in something similar small-scale claims court or collections court, y'all will even so need to pay for everything, downward to copies of the judge's opinion.
The bottom line
Even if yous retrieve information technology's a small case that wouldn't warrant a lawyer's involvement, talk to an attorney anyway. The first coming together is usually gratis, and he or she can inform you A.) what type of case yous take, B.) whether you should pursue it alone, and C.) how long information technology might accept. We have even written a list of materials that you should tailor to your situation and bring with you to that first coming together.
California Courts lists these as the steps for how to sue someone. Go on in mind the bodily courts and processes may vary past state, merely generally you will demand to do these things if you lot're pursuing a case by yourself:
- Figure Out How to Name the Defendant
- Ask for Payment
- Notice the Right Courtroom to File Your Merits
- Fill up Out Your Court Forms
- File Your Claim
- Serve Your Claim
- Go to Court
Have you ever flown solo when taking a case to court? Let u.s. know in the comments!
Source: https://www.enjuris.com/blog/questions/how-to-sue/
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