Once you`ve decided to take legal action, you`ll likely need help figuring out how to get started. Filing a lawsuit isn`t always a clear and straightforward process, and even basic decisions, such as where to sue, may not be as easy as they seem. In the « How to Sue » section of FindLaw, you`ll find information on how to decide if you want to take legal action, whether you need a lawyer, how to write claim letters before a lawsuit, and what to expect in a lawsuit as it progresses from start to finish. You take legal action by filing a complaint. In certain circumstances, you may submit a petition or application. First, you need to know if you have the right to take legal action against the person or company you have a dispute with. To sue in court, you must be a person directly affected by the lawsuit you are suing. From a legal point of view, this is called « locus santi ». You can also find examples in other cases filed with the court. Search court online records to see if you can find a case against the same type of defendant as yours that involves the same general case. You may be able to find a complaint written by a lawyer that you can use as a starting point for yours. You can obtain a copy of the complaint from the clerk of the court for a small copying fee. To learn how to view court records, see Search My Account.

How to Research a Legal Problem is a guide for non-lawyers and provides information to a person with a legal problem to find legal rules that can resolve or prevent conflicts. After filing your file and issuing the clerk`s summons, you must « serve » a copy of the summons and complaint on each of the defendants you named in your case. There are very specific service requirements. For more information, click Serve your complaint. At any time before a case goes to court, either or both parties may attempt to close the case by filing an application with the court. In most cases, the defendant makes this type of claim and the plaintiff dismisses it. If the defendant considers that the plaintiff does not have a valid record, he may request that the pleadings be disposed of at the beginning of the proceedings. Similarly, the defendant may file an application for dismissal if he finds a procedural problem in the case, such as a question of jurisdiction of the court or statute of limitations.

An application for summary judgment may be made later in the proceedings if one of the parties considers that no material facts are disputed and is entitled to a judgment as a point of law. Explain whether you should file a civil lawsuit to resolve a particular dispute, including examples of different types of cases and what to look for when deciding whether or not to sue. If you are suing someone, take legal action against that person using their legal name and any aliases. You will also need that person`s address. Often, it`s easy to get this information if you don`t already have it by looking at all the documentation you may have on the dispute. But sometimes this information is not easily accessible to you. Here are some ways to find someone. The limitation period for a particular plea may run at different times.

Three of the most common times when the clock can work are: the date of the damage, the date the damage was discovered, or the date you should have discovered the damage. The date of damage is the time when the actual injury occurred, such as the date of the car accident that damaged your car. The date of discovery may occur if the injury or damage could not be detected until a later date. After all, the date on which you should have discovered the damage if a reasonable person had discovered the damage. Generally, you can check your state`s laws to find out when the statute of limitations begins for the particular damages you`ve suffered. The lawsuit is the first document filed with the court outlining the basis of the lawsuit and the « relief » the plaintiff wishes to award — in other words, how much money she believes the defendant owes her for the damages caused, or any other non-monetary « just remedy » the plaintiff seeks, such as an animal, that is taken to an animal shelter. What happens if I need to amend my complaint after I submit it? The Legal Defence Fund aims to combat gender discrimination in higher education and the workplace; This website provides resources to support legal affairs and legal recommendations. Sometimes in a lawsuit, the losing party will file a motion after the trial to correct an obvious error. You could request a new procedure on the basis of a substantive problem with the procedure. Or, despite the verdict, they file a motion for judgment if the jury`s verdict is clearly not based on the evidence. However, both types of claims are hard to win.

Learn more about pre- and post-process applications here. Determining which court to file a complaint with is crucial to your case. If you file your complaint in the wrong court, your case could be dismissed. For more information, see Decide where to place. Once the judge has signed your order, submit it to the court clerk (if it has not already been filed). If you have a family law case for divorce or parentage (paternity), or if you file a restraining order, it`s pretty easy to find out who you want to file your case against. Make sure you have the correct legal name of the person, and if they sometimes use a different name (called an « alias »), it`s a good idea to include the other name as well. If the person you are suing has moved, send a letter to their last address. Write « Return Service Requested » to your return address.

Not moving forward. If the person has submitted a change of address to the post office, you will receive the letter with a new address. Click here for more information from the U.S. Postal Service. If you file a complaint without legal or factual basis or for improper purposes, the court may « punish » you. This means that the court may require you to pay money to the other party or to the court.