best lawyer for suing someone who owes you money

Your best bet here is a trial lawyer from the Public Arbitrators Bar Association (aka PIABA). You can find them online easily. All they do is sue investment firms. I've been watching them over decades, and they’re pretty good. PIABA lawyers also sue mutual funds, hedge funds, and investment advisers.

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How to sue someone who owes you money?

How to Sue Someone Who Owes You Money. If someone owes you money and they refuse to pay, you can file a lawsuit with small claims court. But before you do that, you should try to work things out. If you are suing a company, make sure the right people are aware of the debt.

What kind of attorney do I need to sue someone?

A civil litigation attorney or commercial litigation attorney would typically have the experience necessary to sue the person (litigate) in the necessary court, if settlement or other negotiations can't be worked out prior to filing the suit.

Can you sue someone who owes you money in California Small Claims Court?

Are you looking to sue someone who owes you money in a California small claims court? For example, if you lent someone money, someone breached a contract with you, or someone damaged your property.

Is it worth it to hire a lawyer for a lawsuit?

Many attorneys offer free consultations, and it may be worth your time to at least talk to someone and get an official legal opinion on your case. If the attorney thinks it's unlikely that you'll win, or that you'll be able to collect the money even if you do win, you may want to reassess your options.

What can you do if someone won't pay you back?

What to Do When Someone Doesn't Pay You BackGive gentle reminders. People are busy, and sometimes they forget about the money they owe. ... Renegotiate payment terms. ... Have them pay you with something else. ... Get collateral. ... Offer to help with financial planning. ... Ask to use their credit card.

What is the most amount of money you can sue?

Varies from $5,000 to $10,000. Call clerk of court in your county to find out limit. *Check your court's website for any special rules or exclusions. For the information, tips, and strategies you need to sue someone successfully in small claims court, see Everybody's Guide to Small Claims Court, by Cara O'Neill (Nolo).

What are the easiest things to sue for?

The law must support your contention that you were harmed by the illegal actions of another.Bad Debt. A type of contract case. ... Breach of Contract. ... Breach of Warranty. ... Failure to Return a Security Deposit. ... Libel or Slander (Defamation). ... Nuisance. ... Personal Injury. ... Product Liability.More items...

What are good reasons to sue?

Here are 11 top reasons to sue someone.Compensation for Damages. A common form of this is monetary compensation for personal injury. ... Enforcing a Contract. Contracts can be written, oral or implied. ... Breach of Warranty. ... Product Liability. ... Property Disputes. ... Divorce. ... Custody Disputes. ... Replacing a Trustee.More items...

What can you do legally if someone owes you money?

If someone owes you money and they refuse to pay you at the agreed time, you may take the matter to the Small Claims Court. If someone has bought goods such as furniture from you and they have failed to pay for it, you can take the matter to the Small Claims Court.

Can you take someone to court if they owe you money?

To win a case, you need to have some evidence that your friend owes you money. This doesn't have to be a written legal contract, with witnesses etc. Suing someone for money is a civil case and the judge will decide who wins “on the balance of probabilities”, looking at whose story seems most likely.

Can I sue for emotional distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.

Is suing someone worth it?

Is Going to Court Worth It? Again, it just depends on the specifics of your case. If you have a strong case and a good attorney, suing a person might be worth the costs. But if your case isn't as clear and you don't have a large budget, you may want to think twice before going to court.

Can I sue someone for not paying me back?

Yes, you can sue someone who owes you money. When someone keeps "forgetting" to pay you or flat out refuses to pay up, the situation can quickly become frustrating. You can take the issue to a small claims court and pursue legal action if it meets the minimum and maximum money thresholds.

When should you sue someone?

Generally, you can sue a person for violating your legal rights if you suffered a loss. This includes: if someone breaks an agreement; if someone damages your personal property; if someone owes you money or; if someone causes you to suffer a physical injury.

How long do you have to sue someone for money owed?

No, but statutes of limitations generally allow at least one year. Except for when you sue a government agency, you almost always have at least one year from the date of harm to file a lawsuit, no matter what type of claim you have or which state you live in.

How long does a civil lawsuit take?

While an actual trial in court usually takes only a few days, the pre-trial process and the process of preparing a case can take weeks or months. In especially complex cases where both sides present extensive witnesses and lots of technical evidence, even the trial process can stretch on for a long time.

What is a civil litigation attorney?

A civil litigation attorney or commercial litigation attorney would typically have the experience necessary to sue the person (litigate) in the necessary court, if settlement or other negotiations can't be worked out prior to filing the suit.

Can a lawyer do collections?

A collections lawyer can do it. A lawyer who does collections litigation can do it. I do not do collections work. but there are many in town who do. You can call the Virginia Lawyer Referral Service for a name.

How much can you sue in small claims court?

There is a monetary limitation in small claims court. The maximum amount an individual can sue is $10,000. For businesses, the limit becomes $5,000. You should make a visit to a small claims court and see how it works. Sit in on a hearing. Then, you will know what to expect.

Who will serve your claim to the defendant?

Someone other than you or anyone listed in your case will serve your claim to the defendant. This “Service” tells the defendant what you are asking for, when and where the trial will be held, and what they can do.

What to do if someone refuses to pay you?

If someone owes you money and they refuse to pay, you can file a lawsuit with small claims court. But before you do that, you should try to work things out. If you are suing a company, make sure the right people are aware of the debt. Sometimes company communications are slow or disjointed. You can try mediation or some other alternative ...

What happens if you file a small claims lawsuit in California?

Since each county in California has a small claims court, you have to figure out which one to use. If you file in the wrong court, your case may be dismissed and you will have to file again in the correct court. There is a statute of limitations on filing, so any wasted effort can cause you to miss that deadline.

What happens if someone refuses to pay you money?

If someone refuses to pay you money owed, it’s time to file a lawsuit with small claims court. Small claims court is a special court where disputes are resolved quickly and inexpensively. There’s a good reason why over 4,000 lawsuits filed with small claims court in Los Angeles every day. Small claims court keeps things simple.

Can you go to court if you win?

Decide if you really want to go to court. Even if you win, the court cannot collect the money for you. If someone like an acquaintance or neighbor is behaving badly, the court cannot force good behavior.

Can you sue a plumber for wiring?

If work is performed on your house and there is defect ive plumbing or wiring, you could sue the plumber or electrician. But if they worked for a general contractor, they could blame him for the wrong instructions. Suing only the trade worker will not get you the money if the court decides it was the contractor’s fault.

How much does it cost to serve a lawsuit?

This is called serving. You can serve for free if you have a friend or family member deliver the lawsuit to the person you have sued or you can pay between $40-$75 to have the lawsuit professionally served.

What to do if you are owed a security deposit?

If you are owed your security deposit, you want to make sure you sue the correct legal entity or the individual list as the landlord on your lease. If you are owed money because someone hit your car, you want to make sure to sue the registered owner of the vehicle.

How to prepare for a small claims court hearing?

To prepare for your small claims court hearing: Research the law. If you are unsure about the laws involving your lawsuit (aka why you should win your lawsuit), consult an attorney, or conduct your own research about the law (a quick Google search goes a long way). Prepare your evidence.

How long does it take to get a hearing on a debtor's case?

Once you file your case, you will get a hearing date scheduled anywhere between 30-70 days later. During this time, the debtor may call you to try and settle the case.

What to do when a problem arises?

The first thing to do when a problem arises is to communicate with the other party. You want to make sure they understand that they owe you money and how much they owe you. Most of the time they will agree to pay you all or most of what you are owed.

Can you sue someone for lent money?

If you lent someone money, you can sue them in small claims court if they failed to pay you back. If your landlord didn't return your security deposit, you can sue them in small claims. If you are owed money because someone hit your car and you had to repair it, you can sue them in small claims court. If a contractor owes you money ...

Can a lawyer represent you in a small claims hearing?

What to expect during a small claims hearing. Fun fact, lawyers are not allowed to represent you or the person you sue in small claims! This is to even the playing field so that each party has an equal chance of obtaining justice.

Reasons to File a Lawsuit Against Someone Who Owes You Money

Successfully suing someone who owes you money generally requires proving that a specific guideline or contract has been broken. Here are two key points to consider when determining whether your situation presents a strong argument for demanding your money from a legal standpoint.

File a Lawsuit Against Someone Who Owes You Money by Yourself

Although we recommend consulting a professional to make sure you understand what you are getting into, you can file a lawsuit against someone who owes you money by yourself. If you choose to go this route, you will need to complete the following checklist:

Dangers and Issues With Filing a Lawsuit by Yourself

Although you can always file a lawsuit by yourself if you choose to do so, this is not likely to be your best move unless you have a high level of background knowledge surrounding the legal process.

How to Sue Someone Who Owes You Money With DoNotPay

Utilizing our digital service gives you a much stronger chance of succeeding than filing a lawsuit by yourself. Our robot lawyer blends the convenience of submitting paperwork whenever it works best for you with the reassurance of knowing the information you submit will be tailored to perfectly meet the needs of each party involved.

Your Robot Lawyer for Every Legal Need

What if the entity you need to sue isn’t an individual, though? We can do that too. Check out our resources on how to sue large companies and get the justice (and the payout) you deserve.

Reasons to File a Lawsuit Against Someone Who Owes You Money

The most important thing that you need to know about suing someone who owes you money is that you need to provide evidence that shows they owe you money as well as the amount. In some cases, you might have handed your friend money, and they said they'd pay you back but never did.

Someone Owes Me Money, How Do I File a Lawsuit Myself?

It takes many years of education to learn to become an attorney, and you have to pass the bar exam. This is because it takes detailed work to file a lawsuit. An incorrect form or the wrong information can send you back to the beginning.

Dangers and Issues Associated With Filing a Lawsuit by Yourself

Filing a lawsuit means submitting the right forms with correct information and everything done in the right order. One small mistake can lead a judge to throw out your case and force you to start over. While you might not need to hire an attorney, you do need guidance.

How to Sue Someone Who Owes Me Money With DoNotPay

When you decide to forgo a lawyer and sue someone who owes you money by yourself, you deserve guidance to recoup the money you're owed. DoNotPay can provide the guidance you need to navigate small claims courts. DoNotPay provides you with the first artificially intelligent robot attorney app to guide you through the process.

DoNotPay Tackles Small Claims and More

With DoNotPay on your side, the legal process is easier than ever. DoNotPay offers you the help of the world's first artificial intelligence (AI) lawyer with the click of your mouse. The app guides you through the process of filing a court case with the specific documents you need to get you on your way to a favorable judgment.

What is the alternative to small claims court?

Alternative to Small Claims Court: Mediation. In mediation, the settlement process is run by a mediator who brings both parties to the table to clear up the dispute and reach an amicable resolution. While the process is voluntary, the court can also mandate it.

How to collect on a judgment?

To collect on a judgment, you may have to get a lien on the person’s property through the court. Alternatively, a lien to order a wage garnishment can be issued. The process is fairly straightforward, but it’s easier to get a lawyer to do it for you.

How to prove a loan?

Preparing your case involves gathering all documentary evidence to prove that: 1 You worked or delivered the products/services that the debtor in question ordered; or 2 You loaned someone a given amount of money under the pretext that they were supposed to pay you back within a specific period 3 The customer or person in question didn’t pay you what they owe

Why do we have small claims court?

They come in handy to help people having a hard time collecting money owed to them.

Is small claims easy?

While the small claims process is an easy one, it doesn’t mean that you shouldn’t prepare carefully. The process is designed to be easy for anyone, especially if you want to avoid paying attorney fees.

Can you file a small claims lawsuit if you loan someone gas?

So, if you loaned someone money for gas and they refuse to pay, that amount doesn’t meet the minimum threshold for filing a suit with the small claims court. Find out what the limit is for your state to determine if you can go to court over the matter. To begin the small claims process, you need to file a complaint with your county.

Where do you sue a person who owes you money?

If the person owes you money under a written contract, you want to sue either in the county where the contract was signed, or where most of the work under the contract was performed.

What to do if someone owes you money and won't pay it?

If someone owes you money and won't pay up, you might consider filing a lawsuit to have a judge order them to pay it. However, you should keep in mind that filing a lawsuit – even in small claims court – can be a lot more complicated than it might appear in daytime television shows such as People's Court. Beyond that, a court's order only gives you ...

What to do if someone refuses to pay you?

If someone owes you money but refuses to pay, you might have to file a lawsuit to have a judge order them to pay . Start by gathering your evidence, including written contracts, any proof of a loan, or receipts for initial payments on monies owed.

How long does it take to answer a complaint?

Typically the defendant has between 20 and 30 days to file his or her written answer.

How much does it cost to file a small claims lawsuit?

This fee will vary depending on the court in which you file. If you file in small claims, the fee may be under $100, but you can expect to pay several hundred dollars to file a regular civil court lawsuit. If you can't afford to pay the filing fees, you may be able to fill out an application to have the fees waived.

How long do you have to sue for a written contract?

Typically you have much longer, as much as 10 years, to file suit regarding a written contract. However, you must sue to enforce an oral contract within one or two years. This time period begins from the date the contract – whether written or oral – was broken.

What to do if you don't want to testify in court?

If they don't want to appear in court, you typically have the option of having the court issue a subpoena that will force your witnesses to appear.

How to collect a debt when you have lent someone money?

When you have lent a friend or relative money and they are not paying you back, you’re most likely going to have to rely upon your negotiation skills to try and recover the debt.

When you loan money to a friend, is it important to understand?

When you loan money to a friend, it’s important to understand that although it may help them in the short term , you are essentially providing them with a quick fix solution to what may be a long term problem.

Should I borrow money to friends and family?

In Hindsight. It is generally advisable that you avoid lending money to friends and family. But if you choose to and they have agreed to signing an IOU form, Promissory Note or a Loan Agreement, you are in a slightly better situation as these can be used as evidence if you decide to take them to court.

Do you feel bad about paying off your mortgage?

Don’t feel bad. And don’t allow them to make you feel bad. Although you may be better at saving or paying off your mortgage repayments, you don’t need to feel guilty that they are not as savvy with their money. If you have the means then by all means loan it to them, but if you don’t, then you don’t.

Can you get your money back if you can't repay it?

In most cases, the borrower will most likely feel guilty about asking you for the money, probably also feeling guilty when they can’t repay you . So tread carefully, yet be firm in your stance when trying to recover the money.