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How to Sue Someone. Stuff happens – and sometimes you deserve to be compensated for
it. But a lawsuit should not be undertaken lightly. You will need A claim that you have
been harmed A defendant Evidence and/or witnesses to support your claim A lawyer and filing
and court feeds. Step 1. Determine whether you have a case. You may be upset, but can
you prove before a judge or jury that you suffered a serious injury and that the defendant
was responsible? If you cannot, then you shouldn't file a lawsuit. Step 2. Find out whether the
party you want to sue has money, income, or property. If they don't, it will be difficult
-- if not impossible -- to collect any money you may be awarded. Try to keep out of court
by proposing a settlement to the potential defendant. Avoiding lengthy litigation and
lawyers' fees could be a win-win situation for you both. Step 3. Estimate the size of
your claim. If it is larger than the amount allowed in small claims court, find a lawyer
to handle your case. Heed the old saying, "A person who acts as their own attorney has
a fool for a client." The maximum amount allowed in small claims court can be as high as $15,000
but varies from state to state. Step 4. Find out and provide the full name of your defendant.
If you're suing an individual or individuals, it should be obvious. If you're suing a business,
you'll want to name the corporation or parent corporation. Step 5. File your complaint that
describes your claim against the defendant. Steps vary depending on your jurisdiction,
but usually you'll have to pay a filing fee, complete some forms, and prepare a summons,
which notifies the defendant of your claim. Your local jurisdiction may waive filing fees
if you cannot afford them. Check with a lawyer or your local clerk for more information.
Step 6. Once your defendant responds to your complaint, move to the pretrial discovery
phase of the suit, when both the prosecution and the defense share evidence and interview
witnesses. Step 7. Attend court on the date set by the judge, and proceed to trial, if
necessary. If you go to trial, you'll need to present evidence or witnesses to prove
your case. Did you know On popular TV shows where cases are decided by real judges, the
proceedings are not really small claims trials, but agreements of binding arbitration that
can't be appealed.