Print two copies of any correspondence you have… texts, emails, any agreements you signed, etc. Unfortunately, your word against his likely won’t win a claim, but texts, copies of checks, a contract, and other correspondence might help.
If you are sued, you can find yourself a lawyer who’s able to defend your interests. The Enjuris lawyer directorycan be a good source for finding a lawyer near you.
And l ike all professionals, sometimes lawyers make mistakes. If you believe your lawyer has made a mistake on your case which has caused you to suffer damages, you can sue the lawyer in order to receive the compensation the lawyer should have gotten you in your case.
In some cases, you might not be able to sue someone for the type of case you assume you have, but there are other ways you can fix the situation. You might settle with them outside of court and in return, you agree not to bring a lawsuit.
File a Civil Lawsuit As your case is a civil matter, you need to file a lawsuit in a small claims court demanding the return of your personal property. You must pay the required fees and conform with the requirements before you file your case. This will likely be a tort claim for restitution or a claim for conversion.
Mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition. Emotional distress can usually be discerned from its symptoms (ex. Anxiety, depression, loss of ability to perform tasks, or physical illness).
After you file your lawsuit, you have to let the defendant know that you are suing them. Usually, the defendant knows about the case a long time before it starts. Hopefully you talked to the defendant and tried to settle the case before you filed.
Unless you signed a loan agreement he has not real chance of winning. Anyone can sue anyone for any reason , winning is The real question.
Know the 5 signs of Emotional SufferingPersonality change in a way that seems different for that person.Agitation or displaying anger, anxiety or moodiness.Withdrawal or isolation from others.Poor self-care and perhaps engaging in risky behavior.Hopelessness, or feelings of being overwhelmed and worthless.
5 Signs of Emotional AbuseThey are Hyper-Critical or Judgmental Towards You. ... They Ignore Boundaries or Invade Your Privacy. ... They are Possessive and/or Controlling. ... They are Manipulative. ... They Often Dismiss You and Your Feelings.
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.
You do not need a lawyer for small claims court, and some states don't even allow you to have one. Read an overview of your state's small claims court laws first. There are many advantages to seeking legal help from an attorney, but you would likely have to pay attorney's fees.
Civil law also settles disputes between individuals and organisations. If you are convicted of a civil offence, you are not likely to be sent to prison, but most often will become liable for compensation.
Debt recovery: what are your options if an ex owes you money?Settling the debt informally. Before considering legal action, it's sensible to attempt to resolve the matter by contacting your ex to see whether you can arrange to settle the debt. ... Mediation. ... Gifts versus loans.
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.
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.
California Courtslists these as the steps for how to sue someone. Keep in mind the actual courts and processes may vary by state, but generally you will need to do these things if you’re pursuing a case by yourself: 1 Figure Out How to Name the Defendant 2 Ask for Payment 3 Find the Right Court to File Your Claim 4 Fill Out Your Court Forms 5 File Your Claim 6 Serve Your Claim 7 Go to Court
When someone steals someone else’s property, the victim can notify the police ( in which case the person may be charged with criminal theft). The victim can also file a civil suit (in which case the person can recover the fair market value of the stolen property). Reply. Linda Mcgrathsays.
When someone disobeys a court order, you can file a contempt action in an effort to get them to comply. If the court finds that the person did in fact disobey the order, the court may fine the person (or even put them in jail). In addition, the court will take steps to force the person to comply with the order.
Personal injury attorneys usually work on contingencysimply because it would not be financially possible for a plaintiff to bankroll a lawsuit; criminal attorneys like to charge by the hour. Far too much is required in fees on an up-front basis. For types of cases other than personal injury, ask for the attorney’s estimated fees and weigh whether it would be smarter to settle or pursue a claim pro se.
In Texas, a small claims court actionis one that demands $10,000 or less in damages. If the damages are more than that amount, you’d need to file a personal injury lawsuit to recover costs.
For example, a personal injury caseusually requires plaintiffs to illustrate the concepts of negligence: that an injury occurred; that the defendant owed you, the plaintiff, a duty of care; that a breach of that care occurred; and this resulted in damages. The elements would be different for a breach of contract, which mean you must show that a contract was formed; that you performed as required under the contract, but a breach occurred when the defendant did not; and this breach resulted in damages.
Being a lawyer is hard; that’s why it takes so much time and money to become one. Lawyers typically do not represent plaintiffs at small claims court because the stakes, shall we say, are too low — but that makes those cases no less complex for a layperson.
But, if you and your ex are unable to resolve your disputes in an amicable fashion, you may end up in court. This can often be very difficult, because the codified divorce procedures that apply to married couples do not apply to unmarried folks.
If only one of you is the legal parent (because the other parent did not adopt the child), in most states the nonlegal parent will have no right to future custody or visitation of the child, and will have no duty to support the child.
Where it's established that an unmarried couple's assets are jointly owned (for example, when both names are on a deed), the assets are considered to be owned in equal 50-50 shares. The exception would be if there is proof of a different agreement or, in some instances, where one partner clearly made a greater contribution and can prove it.
Each unmarried partner is presumed to own his or her own property and debts unless you've deliberately combined your assets-- for example, by opening a joint account or putting both names on a deed to your home. This differs from married couples, for whom any debt or asset acquired by either spouse during marriage will usually be considered jointly owned in the event of a dissolution—unless the parties signed a prenuptial agreement modifying these rules.
On the legal front, however, breaking up can be a lot easier for unmarried couples than going through a divorce. As long as you and your ex can agree on how to divide up your assets, there is no need to involve lawyers or the court system.
Laws governing married couples who divorce (generally labeled marital or family law) do not usually apply to unmarried couples who separate. Exceptions include unmarried couples living in a state that recognizes common law marriage who qualify under their state rules, or those who qualify as domestic partners in a few states.
Without a written agreement, separation will be more difficult, particularly if you have lived together a long time, or a lot of money or property is involved and your split is not amicable. In this case, you'll definitely want to consult an attorney or financial adviser.
If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.
To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)
Types of Attorney Malpractice 1 Negligence. To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would not. 2 Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case. 3 Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.
Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case.
When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.
The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.
To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.
1. Do You Have a Good Case? This may seem obvious, but you need to have a genuine legal claim or " cause of action " in order to have a court support your position .
A lawsuit may take a lot of time and energy, and can be emotionally draining. Remember that you might find that you have less time and energy to devote to your work, business, family, and social life for the duration of the lawsuit. The case may involve completing demand letters and paperwork, filing at the clerk's office, waiting in court until your turn to speak, and following any of the judge's orders.
Laws that place a time limit on bringing a lawsuit are called " statutes of limitations .". You do not need to handle the entire case within the statute of limitations. You will have a certain amount of time to file the lawsuit, and then the lawsuit can take whatever time the state courts determine it needs. 8.
If you have done everything you can to avoid a lawsuit, then your last step is to sue the company. You need to be within the statute of limitations for your state, and you will need the company's legal business name, the name of the owner, and their contact information before you file the lawsuit.
If you are asking for a small amount of money in small claims court, you may be able to bring the lawsuit yourself. Gather the evidence (emails, texts, dates of calls, contracts, etc.) and think about what you would tell the court. The company will be served and will either ignore you (which means you win the case) or appear in court to fight back. The judge will have the final say — if you win, then you need to do your own legwork or hire an attorney to ensure you are paid.
You can expect to gather evidence, have contact information for yourself and the other party, talk clearly in front of a judge or courtroom of people, and follow any court orders. Even if you do not win, taking your case to court means you must follow whatever the court decides.
If the business won't respond to your demand, it's often possible to lodge complaints against businesses . If a company won't resolve a problem, look up the better business bureau or consumer protection office in your state. You need to have the legal business name, legal name of the owner, and phone number when making a complaint. This can be a good middle step if the company won't work with you outside of court but you don't want to sue the company yet.
If you think your lawyer has committed a crime, you can also call the police to investigate.
However, we tend to see common mistakes that lawyers make over and over, including: 1 Inaccurate billing; 2 Missed deadlines; 3 Failing to communicate with the client; 4 Settling a lawsuit without the client’s consent; 5 Giving inaccurate legal advice; 6 Stealing or losing money or property that belongs to the client; 7 Incompetently drafting legal documents that do not protect your rights; 8 Failing to file a case before the expiration of the statute of limitations; and 9 Taking a case despite an existing conflict of interest.
Malpractice cases are very fact specific and depend on the specific circumstances of your case.
Clients may find it surprising that attorneys have a duty to self-report in certain circumstances .
When a negligent lawyer falls below this standard of care, they have committed legal malpractice.
Typically, injured clients suffer financial losses as a result of legal malpractice.
Establishing a legal malpractice claim for a negligent lawyer is complex and varies from case to case.
This means they agree to provide a specific service, product, or result in exchange for cash within a certain period of time. For example, a plumber might agree to replace all of the plumbing in your master bathroom within two weeks for $2,000. Or, a home renovation specialist might charge $25,000 to totally renovate a home over the course of six months.
False claims, such as when a contractor lies about their skill level, experience, or ability to complete a job. This is especially applicable if the results delivered do not meet reasonable expectations.
While the “contract” involved should always lay out the rules for this exchange in writing, both verbal and written contracts are valid and legally binding in California. What this means is that, should a contractor fail to follow through on the agreement in some way, you have the right to sue them for compensation.
If you’ve ever had a bad experience with a contractor, you know just how stressful it can be. It’s not all that uncommon for contractors to abandon projects, leaving homeowners with incomp lete projects and behind schedule or over budget.
Fraud is far more common in contract law than you might think. Contractors don’t have to engage in outright scams or con artist tricks to be accused. In fact, the exact definition of contract fraud is surprisingly broad, and might include:
On the other hand, not every issue is a good reason to sue. A contractor who repeatedly asks for more time because the job turns out to be more complex than originally assumed isn’t necessarily at fault as long as they can justify the extension.
You need to contact a local landlord tenant attorney. I would also contact the local board of health. They may also be able to help you.
The short answer to your question is an attorney who is experienced in landlord-tenant claims. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Some may even offer a free consultation. Good luck!
They may also be able to help you. The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice. An attorney should be contacted for specific legal advice.