how to check on civil lawsuit without calling my lawyer

by Lenore Ullrich Published 2 years ago Updated 1 year ago 9 min read

CHECK THE LAWSUIT FILES Ask the court clerk in your county’s upper court to have clerks pull civil case files for you. Follow the clerk’s instructions; use the target’s name and each case number.

Full Answer

Do you need to find out if a lawsuit has been filed?

The end game for most civil lawsuits is to recover monetary damages for the harm that you, and possibly others, have suffered. If you plan on suing a particular party, it is important to know whether the defendant will be able to actually pay the judgment that is made against him or her. Even if the defendant does not have many financial ...

How do I file a civil case without an attorney?

Jun 09, 2020 · The first step to beginning any lawsuit is to file a civil complaint. In the complaint, the plaintiff (the person bringing the lawsuit) will allege how they have been harmed by the defendant (the ...

How do I file a lawsuit against a lawyer?

Jan 19, 2012 · Here is how you find out if the collector is lying to you. Ask for the name of the court & the court case number. If they can't provide this information without stumbling, then there isn't any case. if they provide the case number too quickly, they …

What should I do if I lose a civil lawsuit?

If it has, there are steps you can take to protect your rights. Check with the Court Clerk. Visit the Court Clerk in your county of residence to find out if anyone has filed a lawsuit against you. The Court Clerk can conduct a record search to see if you have a pending lawsuit or judgment.

How long does a civil lawsuit take in California?

All told, getting to trial in California usually takes up to a year, and in exceptional cases, several years, while an appeal tacks on another 1-2 years. According to the U.S. Bureau of Justice Statistics's 2005 national survey, the median length of time across the country is 22 months from complaint to trial.

What are the three most common types of civil cases?

These are some of the most common types of cases to appear in civil court.

Contract Disputes. Contract disputes occur when one or more parties who signed a contract cannot or will not fulfill their obligations. ...
Property Disputes. ...
Torts. ...
Class Action Cases. ...
Complaints Against the City.

Aug 4, 2020

What occurs after the lawsuit if the defendant wins?

After the judge, or a jury, grants you your award or judgment, you must still pursue or “execute” on the judgment. Lawsuits typically resolve with one of two different outcomes – you receive an order from the court requiring the party to do something (or refrain from doing something) or you receive a monetary award.

What are the 4 types of civil law?

Four of the most important types of civil law deal with 1) contracts, 2) property, 3) family relations, and 4) civil wrongs causing physical injury or injury to property (tort). C.

What is the burden of proof in a civil case?

In civil proceedings, the burden of proof requires that the story being told is demonstrated as true on a balance of probability, meaning more likely true than untrue, as deemed by a judge.

What type of cases are listed under civil law?

Civil law deals with behavior that constitutes an injury to an individual or other private party, such as a corporation. Examples are defamation (including libel and slander), breach of contract, negligence resulting in injury or death, and property damage.

What happens when you lose a lawsuit?

If you were the defendant in a Small Claims Court case and you lost, you become the debtor . The person who sued you becomes the creditor . If you lose your court case, the court may order you to pay money or return personal property . But the court does not collect the money from you.Feb 23, 2017

What happens when a court awards money?

If you are Claimant and won at trial, the Judge will likely have ordered the Defendant to pay a sum of money, made up of the claim compensation, interest and court costs. The order will usually specify any sum should be paid within 14 days of the order.

How do you get your money after you win a lawsuit?

These are a few tips to help you with the collections process:

Ask the Other Side to Pay the Judgment. ...
Start with the Easy Assets. ...
Move on to the Less Liquid Assets. ...
Consider Settling for Less Than Everything Owed. ...
Keep Tabs on the Debtor and Consider Hiring an Expert. ...
Consider Selling the Debt.

What are the two most common types of civil law cases?

The two most common types of civil cases involve contracts and torts. In deciding cases, courts apply statutes and legal precedent.

What are the steps in a civil lawsuit?

Civil lawsuits generally proceed through distinct steps: pleadings, discovery, trial, and possibly an appeal. However, parties can halt this process by voluntarily settling at any time. Most cases settle before reaching trial.Jan 24, 2012

What is a civil case in court?

Civil cases usually involve private disputes between persons or organisations, such as, disputes involving accidents or breaches of contract. Before commencing proceedings in your civil case, you should get legal advice.Aug 20, 2020

Legal Theory

During your consultation with an attorney, the lawyer will want to ascertain in quick order what your legal theory is in the case. For example, you may have been injured in an automotive accident and you may claim that the other driver acted in a negligent manner.

Liability

Another key factor that a lawyer will look at is how clear liability is in the case.

Complex Legal Issues

If your case involves complex legal issues that may require the retention of experts, a lawyer may be hesitant about taking the case if the expenses outweigh the potential judgment or settlement. More complicated matters may require more of the attorney’s time.

Damages

Law offices are businesses and are, therefore, interested in turning a profit. Even if the other party was clearly liable for the accident and the attorney is assured that he or she will likely win the case, your case must be worth a certain amount before an attorney may be willing to take on the case.

Solvency

What is a counterclaim in a civil case?

A counterclaim is a civil claim arising from the same set of circumstances. In breach of contract cases, for example, it is common for the defendant to allege that it was the plaintiff who, in fact, breached the contract.

What happens if you ignore a summons?

If you ignore the summons, the court will enter a default judgment against you and you will be legally obligated to pay for all the damages awarded! This means that the plaintiff will most likely be able to seize your bank accounts, garnish your wages, and potentially foreclose on your home.

What is a summons in court?

A summons is a separate document that gives the defendant official notice that he is being required to appear and answer the allegations made by the plaintiff. In most states, a person representing themselves will need to have the summons issued by the court clerk.

How to serve a summons?

Rules regarding proper service of legal documents vary by state, but the most common way to serve a summons and complaint is to have them personally delivered by an adult who is a resident of the state where the complaint is filed.

What is affirmative defense?

An affirmative defense is a defense that does not depend on the veracity of the plaintiff’s allegations.

Ronald Joseph Kim

First you should know that New York State law expressly forbids payday loans. When you applied for the loan the online service should have blocked your application as soon as you indicated a New York address.

Tom Arany

If you doubt the credibility of the firm or the tactics they are using against you, you should consider contacting a local consumer law or debtors' rights attorney. The debt holder has to prove the validity of the debt and that they currently hold it.

How long does it take to respond to a lawsuit in Arizona?

Arizona and Florida both have a 20-day deadline to respond to lawsuits, while the deadline in Texas is 14-20 days, depending on where the lawsuit is filed. If you still have some time, consider attempting to negotiate a settlement if the debt is valid. If time is limited, file your answer with the court and send a copy to the plaintiff.

Can you file for bankruptcy if you have a judgment against you?

If you have a judgment against you, you can still file for bankruptcy and have that debt removed. Also, if the creditor has already started garnishing your wages, that will stop once your bankruptcy is approved. While most debts are eligible for bankruptcy, there are some exceptions.

What happens if a judge orders a garnishment?

For instance, if the judge ordered a wage garnishment or a lien against your property, the Court Clerk will let you know. The next steps you take depend on if the lawsuit is still pending or if a judgment has been issued. If a lawsuit has been filed and a default judgment has not been issued, you have to act quickly.

Lynn Ellen Coleman

The best way to search all counties for civil lawsuit filings is absolutely free. Go to your local Clerk of Court. There are public terminals available in the office of the Civil Section. The default search on those computers is to search only the county where the computer is located, but you can change the search to search all counties.

Douglas E. Portnoy

You could go to any civil terminal and put in the county code for each county to see if a lawsuit wa filed there. Of course, you have to be served a lawsuit before you can be defaulted.

Vance Tate Davis

Yes, go to the calendar section of nccourts.org and select "district and superior court query" then put in your last name comma with no space first name or at least a few letters of your name.

Is a civil lawsuit a criminal case?

Civil lawsuits are generally public record. Civil proceedings are any proceedings that are not for the prosecution of a crime, such as lawsuits for personal injury and wrongful death, bankruptcy proceedings, lawsuits for breach of contract and anything else that is not criminal including divorce and family law proceedings.

Is a civil lawsuit a public record?

Lawsuits Are Generally Public Record. Civil lawsuits are generally public record. Civil proceedings are any proceedings that are not for the prosecution of a crime, such as lawsuits for personal injury and wrongful death, bankruptcy proceedings, lawsuits for breach of contract and anything else that is not criminal including divorce ...

What is civil case?

Civil proceedings are any proceedings that are not for the prosecution of a crime, such as lawsuits for personal injury and wrongful death, bankruptcy proceedings, lawsuits for breach of contract and anything else that is not criminal including divorce and family law proceedings. Criminal proceedings are also generally public record.

How to view court records?

Anyone can view public court records online by heading to the court's website if online records are available for that court, or by going to the court clerk's office to view records. The clerk's office will have records in either paper format or electronically through kiosks.

What to do after filing a lawsuit?

After you've filed your lawsuit, you have to notify the other side about it using a legal process server before the court will hear the case. You may use the U.S. marshal to serve your federal lawsuit, or you can use a private process serving company. You also may be able to use certified mail.

What happens if you don't show up for court?

Many jurisdictions simply assign you a trial date when you file a small claim, so if you don't show up on that date, you lose your case. Some jurisdictions add a "first appearance" date that you don't need to show up for, only the person you're suing does.

Can you ask for more than the maximum amount of a small claim?

Make sure your claim falls within the court's limits. Small claims courts are courts of limited jurisdiction, so you cannot ask for more than the maximum amount the court has the power to order.

Do you have to file a complaint before going to court?

Exhaust all other remedies before going to court. In many federal cases, you are required to file a complaint or charge with a federal agency before filing suit in federal court.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.

What happens if you are not served properly?

A suit that is not properly served on you is invalid due to lack of proper service. However, sometimes a process server or law office will claim proper service when same has not been effected, so in that circumstance it is best to find out if a case is pending by going to the court in the county where the incident happened and look up the docket sheet on any action that has been filed against you (the clerk can help you look under your name and see if there are any pending actions). If there is such an action and you have not been properly served, you will want to contest the service and ask that the case be dismissed (it's probably best to hire a lawyer to do this for you so the proper Motion can be filed in the proper format with proper notice, but you could try and do it yourself and hope the Judge will cut you some slack if you don't do everything quite by the Court Rules). Of course, if you really were properly served and have just ignored the matter, you need counsel right away or it is likely you will find out that a Judgment gets issued against you because of your failure to respond and defend.

How to check if you are home free?

Go to the court clerk in the county where you reside, and check to see if there is a case filed against you. If it is past the Statute of Limitations, and no case has been filed, then you are home free.