How to Sue a Company
Every year, thousands of companies get sued. This is due to a number of reasons such as defective products, poor service, the harm that it could cause to you or your properties, and others.
These reasons can make you file for legal action against a company. If you are new to this, it could be a confusing and difficult process.
There are steps that you should follow and understand when it comes to suing a company.
- The first step is to investigate the company that you want to sue. You can use the internet as your resource tool. You need to collect as much information as you can about the company. Gather information about similar lawsuits or complaints that are close to your situation in particular. The small claims court is a venue where you can sue a company. It is normally found in any state. It is a much more relaxed environment compared to the higher courts. However, make sure to be wise in filing a complaint, this is because there are limits on the amount that you can sue. With small claims court, there is no need to hire an attorney to represent. In this case, you can be able to save a lot of money. It is best if you can gather your own evidence so you can build a solid case.
- Before filing a case, it is best if you know whether your case is for money or if you need to replace a product. Remember that you can only sue in small claims court if you are after money. If you have gotten a bad product or received poor service, then you would need a much higher court system. This would require you to hire a lawyer to represent you.
- You can’t do away with paperwork while using a company. It is best to file your paperwork at the local courthouse. They will be the ones to advise you about the next step. You need to be 18 years old and above to be eligible when it comes to suing a company. If you are below 18 years, you will need somebody who is over 18 to represent you.
- The next step is to know who will serve and deliver the notice to the company that you are suing. The court could either send it via sheriff or use a process server. This process server is anyone who delivers paperwork to the person you will be suing on your behalf. The person must have proof that the paperwork has been delivered and signed by the receiving party. If you don’t have a process server, then you can appoint someone to deliver the paperwork.
- It is best if you could organize your paperwork. It is a good idea if you can accompany it with pictures. Find anything that would support your case like testimonies from individuals.
Take time to attend the hearing so that you will know how the process works and what to expect from it.
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Instead: file suit in Small Claims court and on the first day you appear before the judge ask that it be removed to General Civil.
This way you will preserve appellate rights instead of laying all of your chips on one number. Judges make mistakes - small claims will lock you into those mistakes forever.
As to the lawyer contention - that depends on what your case involves. If you were bringing suit in small claims, you likely have a case that you won't need an attorney for. There are many resources online (such as findlaw.com) and in libraries (such as the NOLO collection) to do it yourself and spare yourself the $180/hr lawyers fee. Good luck.
@Aman, i know it feels bad when the things are not at your doorstep when it is expected. But I don't think you can really sue them, read their terms and conditions that you agreed before buying, they normally mention about "no guarantee" on shipping. But you can definitely cancel your order right now as the item didn't arrive on time and take a full refund.
Jestin James
Startup Biz Hub - Senior Advisor (Staff)
McDonalds Corporation
While we were INSIDE your McDonald's restaurant, (On 3501 Biscayne Ave - MIAMI FLORIDA) SUNDAY 29th of July 2012. Someone broke into our van and stole $8,000 worth of (4) Computer Laptops, a Canon Mark 5d Camera, with two lenses, a 60GB Small video camera, a T-Mobile Android Galaxy II cell phone and my small digital canon camera. We also lost my portable scanner and 4 back pack bags We asked for the Video of the parking lot from YOUR McDonald's store only to see the video security camera was pointing directly downward at the parking lot, seeing only ONE car in lot. This will be verified by Miami police who did in fact fingerprint the van. We are on Our way back to Chicago we were very upset, we will simply NOT just let this go away. We had NO insurance coverage for the merchandise taken so brazenly and OUR Entire vacation was on video in those stolen cameras. NOW WE have nothing because of the thieves in Miami, and McDonald's inefficient security video camera your parking lot. Diez V Batchelor (diezbatchelor@yahoo.com) Frankfort, IL 60423
She refused and continue to ask for the money but the real reason I know; is that the dress was for a young teen and the mother did not approve. She sued me first using her father's law firm and when I said it was conflict of interest; she took a lawyer. I live in Toronto where the order was made on the phone; now they want me to pay 750.00 for a dress that cost 225.00 and now come to Ottawa for the court hearing. I have neither the time or money. I am a small businessman. Does she have the right to sue me in Ottawa when the purchase was made in Toronto. Please let me know.
@sandra Baksh, it is hard to give the legal advice for Canada. I suggest you to look for some generic question answers using google and ask your detailed answer here http://lawstudents.ca/forums. I know many lawyers in US & Canada take probono projects so use google to find them and approach for help. There is no harm in trying.
Jestin James
Startup Biz Hub - Senior Advisor (Staff)