how to sue lawyer if they owe you money

Can I Sue Someone Who Owes Me Money?

• Step 1: Filing Your Complaint and Paying Filing Fees. First, check the thresholds for the amount of money you are...
• Step 2: Serving the Lawsuit and Court Dates. The fee you paid may go toward a court official "serving" the case. This...
• Step 3: Attend Court Hearing. Be on time for your court date. You can expect the court hearing to...

Full Answer

How much money can you get for sueing someone?

Look at factors such as:

• What fixed assets they have, such as property and equipment
• Amount of cash on hand
• Corporate stocks and bonds
• Any debts or other liabilities

What can you do legally if someone owes you money?

• File a court action ( sue them) in either small claims or municipal court.
• Hire a collections firm or collections attorney to pursue them
• Keep sending them notices that they owe you money, and demand payment

Can someone sue you for money they say you owe?

Yes you can sue someone that owes you money. The original question though states file charges. Filing charges is a Criminal act. Owing someone money is Civil. You can start by going on line. To the Civil Court in your State, Or County. The web site will end with .gov.

Can you sue someone for saying they owe you money?

Just watch an episode of People’s Court or Judge Judy and you’ll see that, yes, you can sue over a verbal agreement. But you have to prove your case, which can prove to be difficult. If someone breached their verbal agreement with you and you want your money back, get legal help you can trust.

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 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...

How do you force someone to pay you back?

0:081:40How to Get Your Money Back from Someone Who Owes You - YouTubeYouTubeStart of suggested clipEnd of suggested clipSo the first thing is to ask someone a know oriented. Question where you get the other side to sayMoreSo the first thing is to ask someone a know oriented. Question where you get the other side to say no to something that benefits.

How do you write a demand letter for money owed?

How to write a demand letterEstablish facts. Don't assume everyone knows the facts. ... Refer to evidence. If there's evidence (like a contract), you don't need to include it, but you should refer to it. ... Make a demand. Be specific as to what you want. ... Set a deadline and establish method of payment. ... Offer a consequence.

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.

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 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.

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

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. In short, you should have no statute of limitations worries if you sue within this one-year period.

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.

How much does a letter of demand cost?

A letter of demand issued by a solicitor to a debtor can often result in prompt payment of outstanding debts. This can be a cost-effective means of recovering money. At Bartier Perry we offer an online letter of demand service for just $55.

What is a legal letter of demand?

A demand letter is a letter, usually written by an attorney on a client's behalf, demanding that the recipient of the letter take or cease a certain action.

Are demand letters effective?

Conclusion. As you can see, demand letters can be an efficient option for settling disputes. They can expedite a successful outcome and avoid costly litigation. Even if you do end up filing a lawsuit, a demand letter shows the court that you reasonably tried to work with the other party to settle the problem.

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 long do you have to serve a small claims court in California?

This is called "service of process" (also known as "service"). You must serve the debtor at least 15-20 days before the small claims court hearing (sometimes you are required to serve at least 30 days before the hearing). There are several ways you can serve the debtor including by having a friend serve, hiring a process server, hiring the sheriff, or through the court clerk. We can help you with serving the small claims lawsuit.

What proof do you need to prove that you owe someone?

Any proof you have of how much they owe you, when they were supposed to pay you, and any partial payments they have made.

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.

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.

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 ...

How long does a court case last?

When your case is called, go to the front of the room and when asked, tell your story and do it quickly. These cases usually last about 10 to 15 minutes.

How to get a court date for a small claims hearing?

Bring your forms to the small claims clerk and get your court date. You can ask the clerk for a night hearing and ask for possible evenings and times. If you don’t speak English very well, you can ask the clerk to have an interpreter at your hearing – or you can bring one yourself. If you have a disability, you can ask for some accommodation.

What to do if witnesses are not present in court?

If the witnesses you want cannot or will not attend, you can fill out a Small Claims Subpoena to order them to go.

How to ask for payment in court?

As mentioned above, before going to court, you have to ask the other side for payment. You can ask in person or by phone or mail. You will need to tell the court how you did this and fill out a court form to that effect. If you use a demand letter, bring a copy of that to court to show the judge.

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.

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.

How to recover money owed in a lawsuit?

Gather your evidence. To recover the money you're owed through a lawsuit, you must have proof of the debt. If you have a written contract, that part of your proof is relatively straightforward. However, in many cases money is loaned through a handshake deal in which no formal contract is signed.

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 ...

How to serve a defendant in a lawsuit?

In most cases, the defendant will be served by having the paperwork sent to him or her using certified mail with returned receipt requested. The return receipt serves as proof that the defendant received the complaint and has notice of the lawsuit.

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 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 does it take to get a statute of limitations?

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.

Why do we have small claims court?

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

What does success in small claims court mean?

Success in small claims court doesn’t equate to getting a favorable judgment. It means being able to collect the money that the debtor owes. It’s not automatic that the debtor will pay.

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

How long does a small claims court case last?

Small claims court cases usually last on average 10 to 15 minutes. Tell your story and answer any questions the judge asks. With proper documentation, the ruling will usually be in your favor unless there’s some compelling reason why the debtor shouldn’t have to pay you what they owe.

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.

Can you sue someone for 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.

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.

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.