how to find a lawyer that filed lawsuit against someone

by Dulce Reinger 3 min read

Find an experienced lawyer. You can locate attorneys in a number of ways, including: Referral from friend or family member who used the lawyer and was happy with how the lawyer handled the case. Local and state legal associations usually have a referral service that can link you with local attorneys.

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How do I find a lawyer?

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. Hopefully, if a case has been filed, you’ll find …

Where can you find a lawyer?

Steps to File a Lawsuit Step #1: Complaint Your case begins when you, the plaintiff, file a Complaint or a Writ of Summons in court with help from your attorney. The complaint states the material facts of the accident and the damages you claim in your case. The complaint must be verified by you before it is filed with the court.

Can I use power of attorney to file lawsuit?

Jul 16, 2018 · If you were injured in another state, you should probably file in that state. Small claims court usually hears claims for monetary damages up to approximately $5,000 although states can have different limitations. District courts usually hear cases up to $25,000. Larger claims may be handled by circuit courts.

What kind of lawyer do I Need?

Jun 01, 2015 · There are three steps to checking a target’s lawsuit record in any county. These are: 1. Find out the case numbers of all cases involving your target. 2. Using the case numbers, have court clerks pull the case files for you so you can look at the legal paper in them. 3. Copy all important or damaging info from each case file.

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Can you sue for something that happened years ago?

No, you can't sue after the statute of limitations runs out. But there are situations where the statute of limitations begins late. For example, in a case of medical malpractice, the injury may have occurred weeks, months, or possibly years before the harm and cause of harm are discovered.Oct 19, 2021

What is the person suing someone called?

Parties include plaintiff (person filing suit), defendant (person sued or charged with a crime), petitioner (files a petition asking for a court ruling), respondent (usually in opposition to a petition or an appeal), cross-complainant (a defendant who sues someone else in the same lawsuit), or cross-defendant (a person ...

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 is a Class A action lawsuit?

When a group of people who have been injured in a similar manner file a single lawsuit to seek compensation as a group, this is known as a “class action lawsuit.” You may also hear these types of cases referred to as “multi-district litigation” or “mass tort litigation.” Often, these cases are filed against ...

Can I sue for emotional distress?

The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.

Who can file civil suit?

The suit can be filed where the defendant resides or where the wrong was done to the person or movable property (cause of action). 5) Regarding other suits, the place of residence of plaintiff is immaterial. Suits can be filed where the defendant resides or cause of action arose wholly or in part.

How do you stop someone from suing you?

Ten common sense ways to avoid being suedMaintain good communications. ... Avoid giving false expectations. ... Make the client make the hard decisions. ... Document your advice and the client's decisions. ... Don't initiate hostilities against the client. ... Avoid, or handle with care, the borderline personality client.More items...

Can someone sue me for something I didn't do?

1 attorney answer Generally speaking, any one can be sued. That doesn't mean the sued party is automatically liable. The one who sues generally has the burden of proof to demonstrate the sued party's liability. You don't have to prove your "innocence."...May 28, 2021

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.

Who can file a class action suit?

Required members for applying action class suits (A) Members: Company having Share Capital: at least 5% of total number of members or 100 members whichever is less. (Listed or Unlisted) Unlisted Company: member or members holding not less than five per cent (5%) of the issued share capital.Oct 12, 2021

Is a class action lawsuit worth it?

Class Action Lawsuits give you better odds of a settlement When many plaintiffs with the same issue combine together to form a class, each person has a better chance of recovering compensation when they may not have been able to do as individuals.Dec 9, 2021

What happens if you lose a class action lawsuit?

What Happens if You Lose a Class Action Lawsuit? If you are part of an unsuccessful class action lawsuit, you won't have to pay any lawyer's fees. However, it's likely that you won't be able to join any other legal efforts involving the same issue that the class action lawsuit was concerning.

What is the legal process to file a personal injury lawsuit?

To file a personal injury lawsuit, you must either be an accident victim, or be authorized to represent the victim. This usually means being the victim’s spouse, child, or parent, or being the executor of the victim’s estate.

What happens after you file a complaint?

Once you’ve filed your complaint, the defendant must file a response. The response from the defendant will either take the nature of preliminary objections in which defendant asked the court to dismiss the complaint raising a legal defense, or the filing of an answer in which the defendant response to the allegations of the complaint and asserts any defenses they may have to the lawsuit. In most instances, the defendant simply filed answer and generally denies liability and damages and demands that plaintiff prove the case at trial.

What are the different types of discovery requests?

Either side can make or receive several different types of discovery requests. These types include: 1 Interrogatories. Like the name suggests interrogatories are written question served on the opposing party requesting detailed information about a certain issue in the case. 2 Document Production. A request for production of documents is a request for opposing party to supply (“produce”) specific records in their possession. 3 Admissions. An admission is a request on your opponent to admit or deny certain facts of the case.

How long does it take to file a lawsuit in Pennsylvania?

The Pennsylvania personal injury statute of limitations is generally two years from the date of injury, with some exceptions.

What to do when you have a serious injury?

When you are suffering from a serious injury, the last thing you want to do is deal with a legal statute or insurance document while you’re focusing on your health. Let an attorney handle the work for you so you can focus on getting the care you need.

Why is it important to respond to a request for discovery?

You cannot hide information by failing to respond, because the other party can file a Motion to Compel: a request for the judge to force (“compel”) you to provide the requested information.

Do all attorneys handle bankruptcy cases?

Not all attorneys are qualified to handle your claim. For example, some attorneys only deal with bankruptcy or business disputes, or do not practice law in Pennsylvania. However, there are a number of ways to find the right type of lawyer for your case.

How to File A Civil Suit Against Someone

The first thing to ask yourself is, have you tried to settle your dispute with the other person without having to resort to a lawsuit? Going to court may not be necessary. Most people would try to resolve disputes on their own before considering the legal process.

Prepare to File Your Case

Civil cases can be complex. It’s a good idea to hire an attorney to help you navigate the court process, especially in cases like medical malpractice or serious injury.

Filing Your Case and Going to Court

You file your complaint with the appropriate court. You then have to serve the defendant with a notice you are bringing a lawsuit against him or her.

Where to check the index of a lawsuit?

Or go to the courthouse and have them show you how to check the court index for your target’s lawsuits. In each county, there will be at least one place where an upper court civil index or lawsuit docket for all upper court cases in that county is available to the public. (In almost all counties, this place is the upper civil court clerk’s office.

How to check a target's lawsuit record?

These are: 1. Find out the case numbers of all cases involving your target. 2. Using the case numbers, have court clerks pull the case files for you so you can look at the legal paper in them. 3.

What does it mean when a target sues other people?

If your target sues other people a lot, it could be that he merely has poor judgment in the types of people he does business with and surrounds himself with. Or it could be evidence he’s a crank or a lawsuit extortionist. Check cases in which your target is the plaintiff like you would if he is the defendant.

What information do you use to weed out other people's cases?

Use dates of birth, Social Security numbers, race, addresses, situation in life, and other identifying information that mark your target to weed out other people’s cases from your target’s cases. Carelessness in this regard on your part might put you into a lawsuit – as a defendant!

Where do lawsuits take place?

Lawsuits for small amounts of money take place in the civil portion of lower courts. (Criminal prosecutions for misdemeanors take place in the criminal portion of lower courts.) Lawsuits for large amounts of money take place in the civil portion of upper courts.

Where to find the clerk's number?

The clerk’s number will be on the Internet or in the phone book under the upper court portion of the county government listings. Then, go to the courthouse where the court’s civil database or index or docket is, and look up all civil (aka lawsuit) cases involving your target.

Who sued Bill Clinton?

Paula Jones (in red), Kathleen Willey, Juanita Broaddrick, Kathy Shelton (in blue) at Second 2016 Presidential Debate. Paula sued Bill Clinton for sexually harassing her. Kathy was a rape victim who Hillary abused while representing the vermin who raped her when she was 12.

How to win a lawsuit against an attorney for malpractice?

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)

What to do when you hire an attorney?

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.

What are the types of malpractice?

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.

What happens if an attorney violates the law?

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.

What is a breach of contract?

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.

Can an attorney be disbarred?

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.

Can you sue a lawyer for 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.

How to sue someone in California?

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

Why is being a lawyer so hard?

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.

What happens when someone steals someone else's property?

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.

What happens if someone disobeys a court order?

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.

How much money do you need to file a small claims lawsuit in Texas?

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.

What happens if you get elements wrong?

If you get the elements wrong, the court might take pity on you as someone appearing pro se(without a lawyer) and let you refile, but some judges will toss your case out. At the very least, ask an attorney what type of case you have to make sure you are correct the first time.

Can you file a small claims court action in California?

You can call your own insurance company to find out how to have this accident covered through your uninsured motorist policy. If your policy doesn’t cover the damages, you might wish to consider a claim in small claims court. In California, you can file a small claims court action for damages up to $10,000.

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.

How much does it cost to file a lawsuit in federal court?

You'll have to scan in your signed documents and send them to the email address provided in your pro se manual. You'll have to pay a filing fee of $400 to initiate your lawsuit in federal court.

What do you do if you have papers served on your own?

However, if you have the papers served on your own, you must file a document letting the court know the lawsuit was served on the other party. Score. 0 / 3.

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.

How to have a trial in small claims?

In small claims cases, the clerk may arrange service for you through the sheriff's department for a small fee. The sheriff's department then files the proof of service the court needs to ensure the trial is fair.

What are some examples of family courts?

For example, probate courts deal with wills, trusts, and estate matters. Family courts deal with family law issues such as divorce and child custody.

Can a lawsuit be heard without a lawyer?

Only a few specific courts will hear claims without a lawyer present. Nope! If you decide to go through with the lawsuit, make sure the court you present your case to is the best one for your issue- the subject matter is more important than your self-representation.

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 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.

What are federal cases?

Federal cases include civil and criminal proceedings filed in federal district courts as well as appeals in the U.S. circuit courts of appeal and the United States Supreme Court. They also include bankruptcy filings and filings in the U.S. Tax Court. District court filings, circuit courts of appeal filings and bankruptcy court filings are all ...

What is the name of the document that is kept in court?

Court records are kept in what is called the docket, which is a list of all the documents filed in the case as well as text entries for proceedings like hearings that have been held and hearings that are scheduled.

Is a criminal case a public record?

Criminal proceedings are also generally public record. In civil and criminal matters, certain information may be kept confidential such as the names of parties or victims who are minors or who are victims of sexual assault. Parties to lawsuits can also request that certain sensitive records be sealed and kept private.

Can you view public court records without registering?

The U.S. Tax Court allows docket searches for the public, but no one can view the actual records without registering as either a taxpayer with a pending case or as an attorney. Read More: How to Find Public Court Records for Free Online.

Can you look at court records online?

Exceptions exist for certain types of criminal proceedings or for cases involving minors, but for the most part, anyone can look at the court's docket and review the documents filed in a court case. All federal courts and many state courts offer online court records for a fee.

What is the next step in a lawsuit against a company?

A lawsuit against a company may be the next step if other measures have been taken to resolve a dispute and consumers should be aware of this option. A disgruntled customer looking to file a lawsuit against a business should consider the actions that they’ve already taken in the dispute and gather any related documentation.

What does an attorney do in a business lawsuit?

An attorney can also help the plaintiff in a business lawsuit negotiate a fair settlement or aid them in arbitration or mediation.

What is the difference between a civil lawsuit and a civil lawsuit against a business?

One difference between filing a civil lawsuit against a business, rather than an individual, may be determining the name and entity that should be served with the complaint and summons and even where the lawsuit should be filed. It is imperative to file a lawsuit against the correct defendant or defendants. Failure to do so can lead the dismissal of the complaint or loss of the lawsuit.

Why are lawsuits so expensive?

Lawsuits are expensive and time consuming for businesses, as well as consumers or employees who may file the complaint. Many businesses will try to resolve the dispute out of court to avoid the time and expense. Settlements refer to agreements made out of court that stops the litigation procedure.

What is civil lawsuit?

Civil lawsuits refer to legal actions between two parties, as opposed to criminal lawsuits in which a government entity charges a person for committing a crime. Civil lawsuits, filed against a business or other party, follow the same basic steps : The plaintiff files a complaint and summons with the appropriate court.

What happens when a business answers a complaint?

If the business answers the complaint in a timely manner, the parties enter into discovery. During this time, the parties may submit any number of motions, including motions for summary judgment or motions to dismiss. The lawsuit either goes to trial or settles.

What is a top class action?

Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim.

How to do a lawsuit lookup?

For example, to do a lawsuit lookup of a probate case, go to the probate court clerk's office in the county in which the person died. Even if you don't know the case number, the clerk can find the file. Bring along the name, address and date of death of the deceased.

How to find out if a case has been filed?

If you know that a case has been filed in a particular court, go to the court clerk's office and ask to see the file. If you aren't sure of the court, try the court in the town where the parties live or the accident, incident, divorce or death occurred.

What is pending lawsuit?

A pending lawsuit is one that has been started but is not finished. This term includes everything from a complaint that has been filed but not yet served to a lawsuit that has gone to trial and is awaiting a decision.

Can you find pending lawsuits?

Pending lawsuits are not complete yet, so you can't find them in published case compilations. If you want to look up a pending lawsuit, it is usually to find some fact about the matter, like the name of the defense attorney or which documents have been served.

Can you find a case number on a PACER account?

After setting up a PACER account, you can find appellate, district, and bankruptcy court case and docket information. You don't need the case number to search PACER cases.

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