Before you can proceed in the county you wish to sue you must file a CA Gov't Code § 911 notice of claim within six months of the incident giving rise to the suit. If you miss the deadline you can file the claim anyway but the County need not consider. You may not file suit until you have the county's response.
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As Ms Koslyn said, you can't sue a county by filing suit in another county. Before you can proceed in the county you wish to sue you must file a CA Gov't Code § 911 notice of claim within six months of the incident giving rise to the suit. If you miss the deadline you can file the claim anyway but the County need not consider.
and sue someone in court, without a lawyer. Whether it is a tiff with your neighbor, you want to sue the city for infringing on your rights, enforce a business contract, or defend yourself on criminal charges… You have a right to represent yourself in court, WITHOUT A LAWYER!!!
Typically this means you need to sue in the county where the person you're suing lives. Check as well to make sure that the type of case you have is one decided in small claims.
Keep in mind that to sue state or local government, you often must overcome a legal presumption that the government is immune to certain types of lawsuits. If the government has claimed immunity as a defense, you'll need to look up the particular law mentioned so you can figure out how to defeat that claim.
Notice Requirements. In most states, you cannot simply file a lawsuit in court against the government. Instead, you need to provide a "Notice of Claim" to the government. If you do not follow notice of claim guidelines, your lawsuit will be dismissed by the court.
SCOTT SIMON, HOST: These days it seems you can sue just about anybody and anything. The one place in the judicial system where it remains hard to take legal action is against individual countries. They're covered by what's known as sovereign immunity.
Individuals whose constitutional rights are violated by the state government are legally entitled to file a civil action to recover damages. This can be done because of Section 1983, an abridged term for 18 U.S.C. Section 1983, which provides US citizens the right to sue government officials and employees.
There are two common alternatives to starting a lawsuit when people want to resolve a disagreement: mediation and arbitration.Mediation. Mediation is a procedure where the goal of the parties involved is to reach an agreement. ... Arbitration. ... Finding a mediator or arbitrator.
The simple answer is, one brings a suit against a foreign country the same way she would against any other person or entity – by filing a complaint.
Judicial review is a kind of court case, in which someone (the “claimant”) challenges the lawfulness of a government decision. This can be the decision of a central government department, another government body such as a regulator, a local authority, or certain other bodies when they are performing a public function.
Some examples of civil rights violations include:Unreasonable searches and seizures.Cruel and unusual punishment.Losing a job or being passed over for a promotion due to discrimination.Abuse by a public official.Any discrimination based on a superficial quality or belief.
A Bivens action generally refers to a lawsuit for damages when a federal officer who is acting in the color of federal authority allegedly violates the U.S. Constitution by federal officers acting.
Constitutional rights violations can take a variety of forms, ranging from retaliating against you for expressing your First Amendment right to free speech, to arresting you without possessing probable cause to believe you have committed a crime, or even arbitrarily depriving you of your Fourteenth Amendment right to ...
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.
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.
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...
You can't sue the County in some other county or without using the courts in the county. There are requirements prior to filing suit when suing the government, involving filing a claim first and having it denied, and there are relatively short deadlines to do these things, so you're best off hiring a lawyer...
You could however file suit in Federal Court if a federal issue is involved.
As Ms Koslyn said, you can't sue a county by filing suit in another county. Before you can proceed in the county you wish to sue you must file a CA Gov't Code § 911 notice of claim within six months of the incident giving rise to the suit. If you miss the deadline you can file the claim anyway but the County need not consider.
The first thing to know about small claims courts is that they are courts where parties can resolve some types of civil disputes at low cost. Procedures vary from one jurisdiction to another, as do the types of cases allowed, but they all have certain general characteristics:
There may also be subpoenas that have to be written and served, and in-person interrogations, called depositions, to be scheduled where either party prepares a set of questions, or interrogatories, that the other side must answer. Each of these stages has its own deadlines and rules.
If you can attend hearings by your scheduled judge, all the better. Judicial styles vary considerably. Television shows are not dependable behavioral guides; most judges get cranky when a pro se plaintiff acts like a lawyer on television.
Opposing parties often pounce on technical violations committed by pro se plaintiffs to get the case thrown out. Neither opposing parties nor the court will overlook violations of the many deadlines and procedural requirements that occur in the course of a superior court lawsuit.
Typically, small claims courts hear cases with damages under $2000 and up to $5000. However, some states do allow for claims ...
You have a right: To file motions, admit evidence, order the collection of property or money, subpoena witnesses, and sue someone in court, without a lawyer. Whether it is a tiff with your neighbor, you want to sue the city for infringing on your rights, enforce a business contract, or defend yourself on criminal charges….
One case in the 1860’s went on for 60 years! And representing yourself may make the case drag on longer…. If you truly can not afford a lawyer, but you are certain that you were wronged. Then suing someone yourself may be the only way.
In fact, George Washington himself signed “The Judiciary Act of 1789” into law in September 24, 1789. Section 35 of the Judiciary Act of 1789, 1 Stat. 73, 92, declares that: “in all the courts of the United States, the parties may plead ...
Your public defender may be able to help you build a solid case . Most public defenders are overworked and are not respected by their clients. As you can imagine, this can be demotivating! However, there are many public defenders that truly want to help people. You just have to put in your end of the work!
However, can you sue someone in court, without a lawyer? Well, we have good news for you! Yes, you can.
Some jurisdictions require that you file a claim within 30 days of your injury. Other states require a claim within 60, 90, or 120 days after your injury. Many states have one time limit for claims against a city, town, county, ...
This period is typically between 30 and 120 days. The court will dismiss a lawsuit that is filed before the Notice of Claim period expires.
In Pennsylvania, governmental employees and entities also enjoy certain immunities from liability.
Instead, you need to provide a "Notice of Claim" to the government. If you do not follow notice of claim guidelines, your lawsuit will be dismissed by the court. You must ensure that the Notice of Claim complies with laws of the applicable jurisdiction. Format of the Notice of Claim.
The statute of limitations is a legal term that describes the period of time in which you must file a lawsuit or bring an injury claim after your injuries.
Format of the Notice of Claim. In most jurisdictions, the Notice of Claim must be addressed to each person or entity that caused your injuries. The Notice of Claim is not filed with the court, but must be mailed (often by certified mail) to each government employee or entity.
A city, town, county, or state government can be held responsible when it causes injuries, just as any normal person or business can be held liable. However, unlike normal personal injury lawsuits, there are rigid steps to follow and deadlines to meet for an injury claim against the government. Failure to follow these steps or meet ...
File your claim with the Small Claims court located in your county. Do not ever file for the state maximum for loss, always file it for a smaller amount. To file a claim, just go to the county courthouse and get the appropriate forms. Make sure to follow all the legal steps for filing this claim, including notifying the other party.
Some actions of a creditor that substantiate a law suit are: failure to validate a debt; calls you at work or very late at night; erroneous reporting of your credit history; and, refusing to note partial payments on your credit. Most of the time the creditors don’t bother showing up, and why would they?
If they don’t show up you automatically win and receive a judgment of removal you can send to the (3) credit bureaus. By law the credit bureaus will now have to remove the debt from your credit report, whether it’s valid or not. Also, see the HIPPA section below for medical debt. Get proof (most of the time you don’t need it) ...
Now if they don’t show up, you automatically win and the courts will give you your judgment (what you asked for). HIPPA laws are very strict. If you validated your debt and the collection agency provided a list of your debt from the hospital or doctor they violated your HIPPA rights.
Once the court hearing comes, the creditor or collection representative may or may not show up. Most often the creditor and or the collection company is not located in your county or even state. Like I said, they generally do not for smaller debt.
Winning a HIPPA case is super easy and most of the time they won’t show because they know they broke the law. Just remember, suing a collection company or creditor is easy and you don’t need an expensive attorney. The cost to benefit is usually exponential.
Small Claims Suits are lawsuits filed through Small Claims Court — a special division of the judicial system that intends to help parties who do not have personal attorneys resolve disputes quickly, in a budget-friendly manner.
Breaking an Agreement. If you had a written or oral contract with a company, you can sue for violation of that contract.
Although suing a company applies to a wide spectrum of cases, it is important to consider three details that directly relate to your specific case before proceeding with an independent suit.
File a Verified Complaint. Draft a document explaining your claim, cause of action, and purpose to the company you are suing.
DoNotPay is the perfect way to successfully file a small-claims suit that will be successful! All you need to do is:
DoNotPay has a track record of helping people sue big corporations! Our process is simple and easy which makes it suitable if you prefer hassle-free suing in small claims court. Some of the companies include:
In some states, the maximum amount of damages for which you can sue in small claims court is relatively high – as much as $10,000 or $20,000.
Explain to the agent with whom you speak that you want to file a claim against the local government.
At this point, you have a limited period of time, typically six months or so, to file a lawsuit against the agency. When you receive a denial notice or other letter telling you that you have the right to file a lawsuit, keep the original and make copies.
However, you may have a shorter period of time to file a claim against a state or local government agency. In some areas, you must file your claim with the agency within 30 days of the date you were injured. For this reason, it's important that you contact the agency as soon as possible after the incident so you can preserve your right to sue ...
If you miss the deadline – either because you were unable to file a claim or because you didn't realize a government entity was possibly responsible until some time after the incident – you still may be able to file a claim, provided you can show a good reason for the delay.
There are deadlines, called statutes of limitations, that apply to all personal injury lawsuits, and typically give you between one and six years to file a lawsuit after your injury happens. However, you may have a shorter period ...
Often the government's response to your lawsuit will be to file an answer in which it denies most, if not all, of your allegations. This means you must prove each of those things at the hearing of your case. The government's answer also may include various defenses, or a motion to dismiss your lawsuit.
Finding the right attorney depends upon the type of claim that you are pursuing. If it is a personal injury, then go for a personal injury attorney. If it deals with special needs children and a school not following an education plan, then find an attorney that deals in that type of claim. Just go by the practice area that the attorney advertises.
Finding the right attorney depends upon the type of claim that you are pursuing. If it is a personal injury, then go for a personal injury attorney. If it deals with special needs children and a school not following an education plan, then find an attorney that deals in that type of claim. Just go by the practice area that the attorney advertises.