which lawyer would i need to sue someone

by Tessie Marquardt MD 5 min read

To sue someone, you should find a lawyer who has a specialty in the required area. Lawyers specialize in areas of interest and expertise, much like doctors.The most requested legal specialists are in the areas of personal injury, criminal defense including dui defense, family law including divorce, bankruptcy, immigration and medical malpractice.

A lawsuit lawyer, also known as a civil attorney or litigator, are lawyers that are hired by private individuals and entities to pursue a claim or to defend them in a civil lawsuit. In general, civil lawsuits typically attempt to address and resolve legal issues that affect people and organizations.

Full Answer

How to find a lawyer to sue another lawyer?

Jul 23, 2020 · If I’m understanding your comment correctly, it sounds like you wan to sue someone for breach of contract. You’ll need a contract attorney for that. You can start by using our online directory to find an attorney in your area. If you’re still having trouble, call your local state bar organization and ask for the “attorney referral” number. You’ll be able to explain your …

How do you sue your lawyer?

Apr 24, 2012 · Now you need to "execute" (collect) your judgment. There are several choices: if he owns real estate, record an abstract of the judgment in the county where he owns property. You get paid when he sells or refinances. You can levy his bank accounts. You can garnish his wages. You can levy his personal property.

Can a lawyer sue his client?

If you are suing a person or company, you can represent yourself without a lawyer. This may not be advisable but is an option. Abraham Lincoln said: “A man who represents himself, has a fool for a client”. States have different names for courts …

Who may sue an attorney?

Dec 04, 2012 · The courts have do it yourself forms you can fill out on your own. As far as whether you have a case, you need to speak to a lawyer who handles small claims cases to determine whether you have a case. Even if you did have a case, a lawyer would likely advise you to settle to get a higher amount of money up front.

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How do I sue someone in NZ?

How to sue someone in New Zealandthe District Court, for claims less than $350,000.the High Court, for claims over $350,000, and appeals from the District Court.the Court of Appeal, for appeals from the High Court.

How do I sue someone in Australia?

A lawsuit can be filed in Australia by submitting a summons to the court. Request for an initial hearing date must also be submitted, along with any other documents that will help prove your case such as receipts or contracts.Sep 7, 2021

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...

How do I sue someone in Canada?

Steps to sue someone in Small Claims CourtDecide if you want to sue someone. You might be able to solve the problem another way. ... Start a claim. ... Wait for a response. ... Go to court. ... If you win the case, the court will ask the person or business you are suing to pay you.

How much does it cost to sue someone in Australia?

court filing fee of $197. if claim is not defended: legal fee of $600 (2 hours) to prepare court documents for default judgment. if claim is defended: legal fee of $1200 (4 hours) to read the defence and advise whether the firm is likely to be successful.Jun 24, 2020

How does suing work in Australia?

To be able to sue someone for negligence you have to prove a number of things, including: That you were owed a 'duty of care' by someone; That person breached their duty of care; You suffered some sort of injury because of that person's negligence.Dec 3, 2018

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.

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.

How can I sue someone without a lawyer?

To start a lawsuit without a lawyer, you may need to file a verified complaint, along with the specified filing fee. It is the same first step that a lawyer may take in commencing a lawsuit. This step is immediately followed by the filing of a civil summons form.

What do you do if someone sues you?

The person suing you (called "the plaintiff") has to sue you in the right court. You can ask for your case to be dismissed (or transferred to the proper court location in your county) if you are sued in the wrong court. Write to the court address shown on the claim you received and explain why you want a dismissal.

What can I do if someone owes me money and refuses to pay?

Taking someone to small claims court. Does someone owe you money but won't pay up? You can take them to a small claims court to regain your cash (and your temper).Sep 29, 2015

How long does lawsuit take to settle?

Often a case will last a year from the date of filing the complaint to settlement. It could also be six months. In only a minority of cases will a personal injury lawsuit take two to three years to settle.Jul 15, 2021

How to find a good lawyer to sue?

The way to find a good lawyer to sue someone is from personal referrals. Ask people with similar problems to refer you to a good lawyer for your lawsuit It's not likely that your next-door neighbor will know a good lawyer for your needs.

What to do when you sue someone?

When you sue someone, find a good lawyer in your state. The practice of a lawyer is limited to the states where he/she is licensed. Your lawyer must be licensed to practice law in the state where you are going to sue someone.

What to ask a paralegal at a preliminary interview?

During the preliminary interview, you'll want to ask if they will sue someone and take the case to court or will they negotiate a settlement out of court. Ask about their legal experience and success. Find out how much of the work will be done by paralegals. A lawyer should also carry liability insurance.

How much do lawyers charge to sue someone?

In private practice, they may work for an hourly fee according to a billable hour structure. Professional fees range from $100 per billable hour to $500 and more , depending on the lawyer and the specialty.

What does a lawyer do before a lawsuit?

A good lawyer will help you weigh the merits of your case before you sue someone . Sometimes to sue someone is not the best answer for your problem. A legal action involves substantial legal fees, plus lots of preparation and research. If your lawsuit goes to court, it can be prolonged and delayed for a long time.

How much can you sue for in small claims?

In some states, the limit you can sue for in Small Claims is $5,000 or $10,000. You can sue in Small Claims for the return of a rent deposit, unpaid bills, or a broken contract. Many people regularly sue someone and argue their own case in Small Claims Court without a lawyer.

What happens if you can't afford a lawyer?

The lawyer will not bill you, but will take a percentage of the money awarded if you win the case. Your lawyer's fee might be 30% or more of the award when you sue someone.

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.

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 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 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 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.

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 is the first chair of trial law?

You want what is called a good “first chair” trial lawyer. In TV court dramas where three lawyers sit together, the first chair is the one speaking to the judge. The others, support and prep litigators, whisper in the first chair’s ear.

Can I use an attorney in Nebraska?

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. Sadly, any lawyer can go to court.

Who is Ken Fisher?

Ken Fisher is the founder and executive chairman of Fisher Investments, author of 11 books, four of which were New York Times bestsellers, and is No. 200 on the Forbes 400 list of richest Americans. Follow him on Twitter @KennethLFisher.

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.

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.

Can a case be dismissed if there are no reasonable grounds to bring a lawsuit?

Just because a case was dismissed doesn’t mean there wasn’t reasonable grounds to bring the suit. Generally speaking, it’s very difficult to prove malicious prosecution and usually not worth the expense. But, you really have to meet with an attorney in your area to review your case and make a determination about this.

Matthew T. Bracy

You cannot garnish wages in Texas, as some of my non-Texas colleagues have suggested. However, they are absolutely correct that you must take action on your judgment. A judgment is a right to collect, but does not collect itself (and the courts don't collect for you). You should contact a collections attorney for advice on how to proceed...

Pamela Koslyn

You already sued him and won a judgment. Now you need to "execute" (collect) your judgment. There are several choices: if he owns real estate, record an abstract of the judgment in the county where he owns property. You get paid when he sells or refinances. You can levy his bank accounts. You can garnish his wages.

James P. Frederick

You need to enforce your small claims judgment. You should check with the court to determine how to execute on the judgment. I do not know why you have waited this long, but the delay has not helped you. If you cannot get help from the court, then I would meet with a collection lawyer to determine what your options are.

What is a small claims court?

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:

What is the term for a subpoena that has to be written and served?

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.

Can you attend a hearing by a scheduled judge?

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.

Can opposing parties overlook a pro se lawsuit?

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.

How much does a small claims court case cost?

Typically, small claims courts hear cases with damages under $2000 and up to $5000. However, some states do allow for claims ...

When did the right to represent yourself in court begin?

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 ...

What rights do you have to file a motion?

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….

Can a public defender help you?

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!

Can you sue someone without a lawyer?

However, can you sue someone in court, without a lawyer? Well, we have good news for you! Yes, you can.

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