what type of lawyer do i need to sue someone for money

You need a commercial or 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.

Full Answer

How to find a lawyer to sue another lawyer?

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)

How do you sue your lawyer?

My mother-in-law has never thanked me once for being the ... The only co-worker who gets along with her is “Sue,” who also works in the same side business (and spends work time doing it ...

Can a lawyer sue his client?

No. In Abedia v. Sheikhpour, the California Court of Appeal addressed, and resolved, an issue that may seem self-evident: an attorney cannot sue his or her own current clients, and a client cannot waive actual conflicts in that circumstance. What happens if a lawyer overcharges you?

Who may sue an attorney?

• Your lawyer has abandoned your case
• Your case was tossed out of court due to a lack of research and effort on the part of your attorney
• Your attorney has settled your case without your permission
• Your attorney has misused your retainer money
• Your lawyer is representing another client to your disadvantage

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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 do you do when someone owes you money?

If that doesn't work, take these steps to start collecting money you are owed:Understand the Dynamics. The person who owes you money has broken his/her word. ... Remind Them About the Debt. ... Send a Letter. ... If All Else Fails, Get Your Lawyer to Write a Letter. ... Make Sure the Lawyer's Letter Goes Out. ... Go to Court.

Can you sue a friend that owes you money?

Yes, you can sue someone who owes you money. When someone keeps "forgetting" to pay you or flat out refuses to pay up, the situation can quickly become frustrating. You can take the issue to a small claims court and pursue legal action if it meets the minimum and maximum money thresholds.

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...

Do I need a lawyer for small claims court?

You do not need a lawyer for small claims court, and some states don't even allow you to have one. Read an overview of your state's small claims court laws first. There are many advantages to seeking legal help from an attorney, but you would likely have to pay attorney's fees.

How do you force someone to pay you back?

Tips on getting your money backGive gentle Reminders. When approaching the topic of collecting the payments from your friend or relative, try to be firm, yet straightforward. ... Express Urgency. ... Ask for updates. ... Add deadlines. ... Offer Payment Installments. ... Bartering. ... Drinks on them! ... Taking Legal Action.

Can I report to police if someone owes me money?

Unfortunately, you can't go to the police if someone owes you money. Personal loan cases are treated as civil cases instead of criminal cases, so the police will not be able to assist you.

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.

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...

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.

When can you sue someone?

Suing someone is where you make a legal claim against an individual or company. You can sue someone if they have broken a civil law in order to reclaim the losses that their actions in breaking this law caused you. Civil law provides clear guidelines for dealing with disputes that involve our rights and property.

Can you sue someone for anything?

As long as your complaint meets the criteria and you have sufficient evidence, yes, you can virtually sue for anything. Just because you plan to sue someone, it doesn't mean that you will win your case. This is where you need the help of an experienced attorney who can determine how you should proceed.

Why do you need a defamation attorney?

You want a defamation attorney if you need to take someone to court for defaming your character through libel and/or slander, or if you’ve been accused of causing harm to the reputation of another individual or business by making false and defamatory statements of your own.

What do real estate lawyers do?

Real estate lawyers deal with rights concerning land, water, and structures. Perhaps you need to determine whether a lien has been asserted against your property, or you need to carve out an easement. Maybe you need to divide one lot into two or more lots, or change the zoning classification, or move a boundary line.

What is transactional lawyer?

The transactional lawyer will incorporate your startup, help secure funding, draft your employment and non-disclosure agreements, issue stock, spin off subsidiaries, and countless other tasks associated with operating your business. Unlike the business litigation attorney, the transactional lawyer does not go to court.

What to do if you have been injured in a car accident?

If you’ve been injured in a car accident, find yourself a personal injury attorney. These lawyers are experienced in dealing with insurance companies and helping you obtain the maximum recovery in light of the liability and damages issues involved. Personal injury lawyers don’t just handle car-accident cases. Typically, this is the type of lawyer you need if you’ve suffered a physical injury as the result of someone else’s negligence. Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks.

What are some examples of premises liability?

Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks. 10. Real Estate Lawyer. Real estate lawyers deal with rights concerning land, water, and structures.

What is a traffic lawyer?

Traffic Lawyer. Traffic lawyers are often considered a type of criminal-defense lawyer, but there’s a big difference between being accused of murder and being accused of running a red light, and different considerations come into play in formulating defense strategy.

What do you want from your ex wife?

You want a divorce. You want custody of your kids. Your ex-wife wants an increase in her spousal support and you’d rather not give it to her. You’re getting married and you want to ensure you won’t lose half of everything you own if you ever get a divorce. If your legal needs involve family relationships and obligations, you need a family lawyer.

What to do if your lawyer doesn't warn you?

If your lawyer candidate doesn’t warn you on how suing can backfire, run. If they claim they are the best around, they aren't. If their goal is extorting a pre-trial settlement go elsewhere and find a lawyer who is willing, if needed, to go all the way to a final judgment. Good ones will. Finally, never lie.

What do PIABA lawyers sue?

I've been watching them over decades, and they’re pretty good. PIABA lawyers also sue mutual funds, hedge funds, and investment advisers. These may end up in court or arbitration, depending on the contracts you signed.

How to find a good trial lawyer?

How to find one? First, search online for, “How to find a good trial lawyer.” There's super good information online – particularly at Badger Lawyer and Columbia Law School . Or you can contact the state bar in the major metropolis nearest you (easily found online). Ask for 10 names of attorneys who handle plaintiffs (aka … you). Always meet them. Ask each how they started, their first chair dispute history and examples of their experience.

What is the biggest mistake people make in trial law?

You never have, or maybe twice. So, you'll likely lose – making beginners’ mistakes your opponent doesn’t. For that reason, businesses often win against individuals – having built trial law muscle over decades. And the biggest mistake individuals make is picking wrong lawyers. My best advice? Learn to pick a good trial lawyer. Trial law is a unique art form.

Can you use an attorney in small claims court?

Much exists online and in books about navigating these courts. Several states like California, Michigan and Nebraska won’t let you use an attorney. Rules vary by state. If you’re alone and your opponent has a good attorney, you’re at a huge disadvantage.

Do trial lawyers need subject matter experts?

Good trial lawyers needn’t be subject matter experts to win. They learn what they need so they can do what is necessary. But they’re super experts in the art of trial combat.

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.

Common Types of Small Claims Lawsuits

You can file a small claims lawsuit against someone who owes you money in the following manners:

Get in Touch With a Legal Professional Before You Sue

If you intend to sue someone, you should consult an experienced lawyer to determine if you have a winnable case. Many attorneys offer free initial consultations and won’t charge you until they win your case. Find an experienced attorney near you today by knowing what you should look for in the professional.

How Much Does It Cost to Sue Someone?

The average cost of suing someone is difficult to calculate, but you should expect to pay around $10,000. The cost of your lawsuit will be much higher if it is complex and requires many expert witnesses.

What Happens After You Sue Someone?

In the event the case does not settle after discovery or is not resolved by a motion for summary disposition or default judgment, it will go to trial. Trials require lawyers to spend considerable time preparing for them. The jury decides which facts to believe in a jury trial, whereas the judge decides what to believe in a bench trial.

Conclusions

Litigation can be a grueling and stressful experience. By understanding the process, you can take control of your situation and make the best decisions for you and your family.

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.

Why do personal injury attorneys charge by the hour?

Personal injury attorneys usually work on contingencysimply because it would not be financially possible for a plaintiff to bankroll a lawsuit; criminal attorneys like to charge by the hour. Far too much is required in fees on an up-front basis. For types of cases other than personal injury, ask for the attorney’s estimated fees and weigh whether it would be smarter to settle or pursue a claim pro se.

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 is negligence in a personal injury case?

For example, a personal injury caseusually requires plaintiffs to illustrate the concepts of negligence: that an injury occurred; that the defendant owed you, the plaintiff, a duty of care; that a breach of that care occurred; and this resulted in damages. The elements would be different for a breach of contract, which mean you must show that a contract was formed; that you performed as required under the contract, but a breach occurred when the defendant did not; and this breach resulted in damages.

What to do if a debtor doesn't answer you?

Even if the debtor doesn't answer you, you should ask them multiple times for the exact dollar amount they owe. It is a good idea to tell them you will pursue legal action as a next step.

How much money can you get in Oregon small claims court?

For example, Oregon small claims courts allow any case up to $750. Cases requesting $750 to $10,000 can go to small claims or civil court. Any cases recovering over $10,000 need to go to civil court or a local superior court.

What do you need to show when you are a debt collector?

You will need to show your documents and provide evidence that the other person owes you money and has ignored or refused to pay you. Answer all questions and be polite.

What is a demand letter for debt collection?

To show your case in the best possible light, it is a good idea to try other methods of debt collection first. Be sure to ask for the money — preferably in writing — so there is a record of your attempts. This is called a " demand letter ."

What does it mean to serve a defendant?

The fee you paid may go toward a court official " serving " the case. This means they will find the person who owes money (the "defendant") and give them official notice that they are being sued by you (the "litigant"). You might also be able to serve the defendant yourself through certified mail.

How long does it take to get a small claims court hearing?

Be on time for your court date. You can expect the court hearing to be quick — typically around 15 minutes total. If you are nervous about what goes on during a hearing, you can sit in on small claims court cases in advance.

What is a small claims court?

Small claims court exists to give two or more parties a place to state their side of the story. However, you should carefully consider if suing someone is the right course of action.

What Kind of Lawyer Do I Need to Sue a Contractor?

This means they agree to provide a specific service, product, or result in exchange for cash within a certain period of time. For example, a plumber might agree to replace all of the plumbing in your master bathroom within two weeks for $2,000. Or, a home renovation specialist might charge $25,000 to totally renovate a home over the course of six months.

What is a false claim?

False claims, such as when a contractor lies about their skill level, experience, or ability to complete a job. This is especially applicable if the results delivered do not meet reasonable expectations.

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 does "harassing the client" mean?

Behaves in an inappropriate manner (harassing the client)

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 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:

Can you sue for a contractor who asks for more time?

On the other hand, not every issue is a good reason to sue. A contractor who repeatedly asks for more time because the job turns out to be more complex than originally assumed isn’t necessarily at fault as long as they can justify the extension.