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How do you sue someone?

If you are faced with a situation where someone has caused damage to your property or causes an injury to you or your loved one, and you are unable to come to a “friendly” resolution with how you are going to be compensated, you may have to file a lawsuit. Let’s imagine that your neighbor loses control of his car while pulling into his driveway and crashes into your fence, destroying it. You presume, since he is at fault, he will, and should pay to have it properly fixed. However, what do you do if he refuses for one reason or another?

Of course you’ve heard of “suing” someone, but you never have been placed in this position before to actually do it. So now you are left with the question, “How do you sue someone?” Well, the simple answer, you file a lawsuit in a court of proper jurisdiction. Depending on the amount of damages (money) you are seeking, and what jurisdiction you are living in, this is likely done in small claims court, county court, or circuit court.

Before you read further, it’s important to note that speaking with an attorney about the specifics of your case may lead to the best results. On Webponder.com you can find experienced attorneys in many jurisdictions who you can request a consultation from, and speak live and face to face with through video chat. Simply browse the directory, decide on an attorney you would like to speak with, schedule a consultation, and attend the consultation from the comfort of your own home, just as if you were sitting across from him or her in their office.

Here are some suggestions when filing a small claims suit. You can usually file in the jurisdiction where your defendant lives, or where the act that led to the lawsuit took place. First you might want to make a call to the clerk of the court or justice of the peace and see what information you can gather on the local procedures. You’ll want to ask where you need to appear to file, and how much it costs to file a complaint, and what other fees are associated with bringing the lawsuit. Ask about fees to file and forms of accepted payment. If you get a friendly clerk, they might be willing to walk you through the process.

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In most cases, you have a limited time frame in which to file your lawsuit, this is called the statute of limitations. For instance, if you are involved in a car accident, you probably cannot bring a lawsuit against the at-fault party 10 years later. This statute of limitations varies depending on the type of case, and depending on the jurisdiction. You want to try and bring your lawsuit correctly the first time, so you do not have your case dismissed and have to re-fill and pay the fees all over again, so take your time and make sure you gather as much information as possible regarding your defendant, i.e., the person you are looking to bring a lawsuit against, and the wrongful act that took place. At a minimum you will need his or her name and address, to make sure that a process server will be able to find him or her to serve the

Complaint on the individual in a timely manner. After all, if you can’t find the person, and serve them with the lawsuit, you cannot proceed with the lawsuit at that time, although there are alternate means of serving someone that you cannot physically locate. Also, it’s important to collect all documents you have obtained related to the lawsuit, so that you can use these as evidence in your case. For example, contracts or agreements, police reports, medical records, pictures, or videos and a list of witnesses.

Finally, decide if the compensation you seek is worth the trouble of bringing a lawsuit. Lawsuits can be extremely time consuming, complicated, and even expensive as the drag on over months and many times years. It is important to evaluate whether all of this time and effort is worth what you have lost. It is important to keep the compensation that you seek in line with the actual damages you have suffered. For instance, if your neighbor ruined a $5,000.00 fence, it is unlikely you will be rewarded $25,000.00 as value for the fence. The purpose of a lawsuit is to put the parties back in the position they were in prior to the incident, not to create a windfall for the aggrieved party.

When drafting the complaint you will file with the Court, it is important to write clearly, stating and defining the facts of your case, and leaving your opinion out of it. Once you have filed this complaint with the Court, and you have your summons ready so that both can be served upon the Defendant, you’ll want to either ask the clerk or research the local rules to see how serving the Defendant can be effectuated. This will ensure proper delivery of the documents to the Defendant.

If they are not served in accordance with the rules, your case may be dismissed, or you may be forced to property re-serve the Defendant costing you more money and valuable time. So that very generally answers your question “How do you sue someone?” Once the Complaint has been filed and the Defendant properly served, you’re ready to commence with the lawsuit. It is important to remember that, every jurisdiction has different rules and laws, and you need to be sure to properly research and follow them for a successful lawsuit to take place. It may be best to consult with an attorney even if only for advice as to how the legal system works where you live. Browse Webponder’s directory and schedule a live and face to face consultation today.

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