what kind of lawyer do i need to sue a buisness bond

Full Answer

Do I need a lawyer to sue a company?

Therefore, if you decide you want to sue a company, it may be in your best interest to consult a local business lawyer for further legal advice. An experienced business lawyer can discuss whether you have a viable claim and what your best options are for legal recourse.

How do I sue a company for damages?

In order to sue a company for damages, a plaintiff should take the following steps to increase their chances of bringing a successful lawsuit: Before initiating a lawsuit, it may be wise to speak to a company representative to ensure that there is not an easier way to resolve the issue.

What kind of lawyer do I need for a class action lawsuit?

A plaintiff corporate law attorney who represents individuals as well as class action cases. * This will flag comments for moderators to take action. You would need to speak to a plaintiff's attorney. However, you would also have to consider what type of damages you would realistically receive.

Who can sue you in a civil lawsuit?

A lease is also a contract and either party in the lease can sue the other. Other common types of civil lawsuits involve people who are harming you or your company in some way.

What are bond claims?

A bond claim means the claimant is alleging you haven't fulfilled an obligation of yours that may be covered under the bond. However, genuine disputes occur in business transactions regarding the responsibilities between parties which is why surety companies investigate every claim.

How do I file a claim against a contractor's bond in Washington state?

To file suit against a contractor, file a summons & complaintTo serve the contractor's bond: You must send to L&I three copies of your Summons & Complaint form. ... L&I will serve the contractor and the bond company with the lawsuit.More items...

How do I file a claim against a contractor in Texas?

The fastest way to file a complaint is through our online complaint filing system at https://www.tdlr.texas.gov/complaints/....Complaints filed online:are received immediately.do not require downloading of complaint forms.may be completed during a time convenient for the complainant.

What to do when you're unhappy with a contractors work?

How to Convey Your Dissatisfaction to Your ContractorSpeak up right away. You must tell your contractor early on that you don't like something. ... Maintain an understanding demeanor. You don't like the work and you're worried you'll offend your contractor. ... Get changes to the project in writing (even if only by email).

How do I report a contractor in WA?

Consumers can file reports with local police or sheriff departments. But if it has to do with a construction contractor or tradesperson, they should also file a complaint with the Washington State Department of Labor &Industries. It's easy to report at www.lni.wa.gov/fraud or call 888-811-5974.

How do I go after bond?

To file a claim against a contractor's surety bond, you will need to take action. Visit the California Contractors State Licensing Board website (see Resources), and search for the name of your contractor's surety bond company to obtain the company's contact information.

How long do you have to sue a contractor in Texas?

four yearsIn the state of Texas, homeowners only have four years to file a breach of contract claim against a construction party.

How do I sue a business in Texas?

In order to file a lawsuit in Texas, you must first make sure that you have a valid and viable legal claim. If so, then you may file a petition with the proper state court, which is a legal document akin to a complaint in other states that requests a court provide a certain remedy.

Can a contractor be criminally charged in Texas?

In some cases, a civil breach of contract may escalate into criminal theft if the state can prove a defendant acted with fraudulent intent. Under Section 31.03 of the Texas Penal Code, theft occurs when one person “unlawfully appropriates property” from another.

How do I make a claim for poor workmanship?

How to deal with poor workmanshipGather evidence. Take photos of the problems. ... Speak to your trader. Call the builder to let them know you're unhappy with the work and how you want them to put it right. ... Start a formal complaint. ... Use an Alternative Dispute Resolution (ADR) scheme. ... Contact trading standards. ... By builders. ... DIY.

Can I withhold payment from a contractor?

Contractor Doctor says: According to Roger Sinclair from contractor legal specialist Egos, if the contractor was opted in to the Conduct Regulations, the agency cannot legitimately withhold payment for work that the contractor has done, irrespective of whether or not the client pays the agency.

What should you not say to a contractor?

Seven Things to Never Say to a ContractorNever Tell a Contractor They are the Only One Bidding on the Job. ... Don't Tell a Contractor Your Budget. ... Never Ask a Contractor for a Discount if You Pay Upfront. ... Don't Tell a Contractor That You Aren't in A Hurry. ... Do Not Let a Contractor Choose the Materials.More items...

How to sue a company for damages?

In order to sue a company for damages, a plaintiff should take the following steps to increase their chances of bringing a successful lawsuit: Before initiating a lawsuit, it may be wise to speak to a company representative to ensure that there is not an easier way to resolve the issue.

What can a business lawyer do?

Your lawyer can also help you to gather evidence, request the right items for discovery, and assist you in preparing and filing your claim.

How long do you have to file a lawsuit in California?

For instance, a person who sues a company in California based on a personal injury claim, will have two years from the date they were injured to file a lawsuit against that company.

How long do you have to file a personal injury lawsuit in Florida?

In contrast, a person who sues a company in Florida based on a personal injury claim, will have four years from the date they were injured to file a lawsuit against that company. A person who fails to file a claim within the prescribed time frame will be barred from bringing a lawsuit against the company.

What are the remedies for a small business?

Some other remedies that might be available when suing a small business include: Requesting that the court issue an order stating the company is legally obligated to change their company handbooks, policies, and/or procedures; Various economic and noneconomic damages; Punitive damages or fines; and/or. Restitution.

Why do people sue companies?

In general, some common reasons to sue a company include the following: If a person suffered harassment when either working at the company or when visiting the company as a patron (e.g., grocery store worker harassed them); When a company fails to pay a worker their ...

What type of company is liable for a violation of federal laws?

Almost any company can be held liable for actions that violate federal, state, and/or local laws. Some types of companies that may be held liable include: For-profit companies (e.g., corporations, limited liability companies, partnerships, etc.); Non-profit organizations (such as charities);

What is civil lawsuit?

Civil lawsuits in which one party sues another work differently from criminal trials. This isn't the television show Law and Order. Some civil lawsuits are tried before a jury, but many are tried before a judge. And many are settled out of court, to save money on legal fees and court costs.

What is the jurisdiction of a lawsuit?

You must figure out the court where the lawsuit must be tried; the jurisdiction. Jurisdiction may depend on where the defendant or the plaintiff lives or where the event took place. Jurisdiction may also be based on the type of case, like small claims, or the type of crime, like defamation.

Why is it so hard to get money in small claims?

In many small claims cases, the party that gets the judgment —the court's decision on the amount owed—has a difficult time getting the money because the defendant has nothing to give. As the old adage goes, "you can't get blood from a stone.".

What is the most common type of civil lawsuit?

The most common type of civil lawsuit is a contract dispute. The two parties have a contract and one party breaches the contract (doesn't do what they said they would do). For example, an agreement to buy products or services is a contract, as is a contract for the sale of a business or an employment contract.

Can an employer sue an employee for breach of contract?

While most employment lawsuits are against employers, an employer can sue an employee for such things as breach of contract or violation of a restrictive covenant . If the amount of money is small, you may be able to take your case to a small claims court. Each state has specific dollar limits for small claims court.

Do you need an attorney for small claims court?

In small claims court, you may not need an attorney but there are still court costs to pay to file the lawsuit. If the costs are higher than the amount you might get, it may not make financial sense to sue. Consider how the other person cost you and be realistic. If there was little damage, the amount you get won't be much.

Can you sue someone for a lease?

A lease is also a contract and either party in the lease can sue the other. Other common types of civil lawsuits involve people who are harming you or your company in some way. Examples might be someone who is violating your company trademark or copyright, or who is defaming you or your business (libel or slander).

What is breach of contract?

A breach of contract occurs when the contractor fails to hold up their end of the bargain. For example, a home reno contractor might miss a deadline, fail to deliver a completed product, or even display incompetence in providing a service.

What is fraudulent bill padding?

Fraudulent bill padding, such as when a contractor agrees to complete a job for one amount, yet starts tacking on dubious fees. While contracts can and often do change, any suspicious additions should be scrutinized closely.

What is the first step in contract law?

The most important first step you can take in any contract law claim is to consult with a lawyer. The best way to find the right type of lawyer, regardless of the exact facts associated with your case, is to contact a legal referral service.

Is a contract written in California binding?

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.

Is contract fraud common?

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:

Is it wise to make assumptions about your case?

It is never wise to make assumptions about your case, or your chances of success, without at least consulting a lawyer. Contract law contains plenty of confusing “grey areas” and loopholes. The exact interpretation or presentation of the facts associated with your case could significantly change the outcome.

Is stealing an item from a client's home a chargeable offense?

These commonalities are mostly a result of the fact that there are only so many ways to violate a contract. Other transgressions, such as stealing an item from a client’s home, might be a chargeable offense as well as grounds for a civil suit. Still, others may constitute a crime, but not necessarily justify a lawsuit.

What to think about before sueing a company?

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 .

Why do I get more money than I would get by suing?

From a purely practical point of view, you may receive more money that way than you would by suing, because you will have to pay attorneys' fees and other costs in connection with a lawsuit. 4.

What is the statute of limitations for a lawsuit?

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.

How does a lawsuit affect your life?

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.

What is the last step to take to avoid a lawsuit?

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.

What to expect when taking a case to court?

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.

How can a dispute be resolved?

From car accidents and injuries to family-related issues to financial disputes, disputes can often be solved through communication and compromise. Not every dispute involves a legal cause of action.

How much does it cost to file a small claims lawsuit?

You will also need to pay the filing fee, typically $100, or ask the court clerk for a waiver based on low income or public assistance.

What happens if you don't show up for a contractor's court hearing?

The contractor will receive a summons to appear in court along with a copy of your claim, and you will be notified as to when this happens. On the date of your hearing, appear in court and bring all documents and photos. If you fail to show up, your claim will be dismissed.

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

If you fail to show up, your claim will be dismissed. If the contractor fails to show up, you may win your case by default. If you find you cannot sue in small claims court, you can still sue in civil court, although it is more complicated and takes longer.

How much can a claim court handle?

In some states, claims courts will handle small claims up to $10,000. In other states, the number is $5,000 or less. Most states require you to send a demand letter to the contractor informing him of what the issue is and giving him a chance to resolve it.

What happens if you sign a contract?

If you signed a contract, he can be in breach of that contract. If the construction work is defective or if he was fraudulent in some way, there can be a case for suing. If he just stopped working and disappeared, you would probably have a good case. In situations where there are construction defects, most states require a homeowner to give his ...

How to find the deadline for small claims court?

You can find the deadlines by calling the small claims court clerk’s office. You need to calculate the damages you are claiming because this will determine whether or not you can sue in small claims court. Different states have different requirements. In some states, claims courts will handle small claims up to $10,000.

Where to find contractor's legal name?

The contractor should have an official business name registered with the state. You can find it in the business name directory on your state’s Secretary of State website.

What to do if client is in danger of bankruptcy?

If the client is in danger of filing for bankruptcy or doesn’t seem to have enough money and assets to pay you back for what you’re owed, you might want to consider selling the debt to a collections agency instead of going through with a lawsuit.

What is the process of suing a client for non payment of services?

Suing for non-payment of services involves making a formal demand for payment, filing a lawsuit and seeking a judgement in court. The process of suing a client for a past due invoice can be costly ...

What does a lawyer do?

A lawyer can help you determine whether a lawsuit is worthwhile in your circumstances and advise on the strength of your legal case. They’ll have helpful insights on the law governing your case. They can also give you insights into what court to file a lawsuit with based on the specifics of your situation.

What happens if you win a case?

So, for example, if you win your case, the judge will probably rule that your client has to pay you the cost of your court fees, in addition to the sum they’re found to owe you for their past due bill.

What is the least expensive legal option for small businesses?

Small claims court is typically the least expensive and least time consuming legal option available for small businesses looking to collect on debts. It is meant to solve disputes quickly and the process is straightforward enough that most people don’t hire a lawyer to represent them in small claims court .

Do you have to pay a filing fee to file a small claims lawsuit?

As the plaintiff in the case, you will need to pay the filing fee to file a lawsuit in small claims court. Once the judge rules on the case, though, they will usually award the fees to one of the two parties: either you, the plaintiff or your client, the defendant.