How to Sue Someone
Lawsuits are often expensive, time-consuming, and emotional experiences. An out-of-court settlement that gets you at least part of what you want is often a better choice than spending thousands of dollars on an attorney. Before you decide to sue someone, you need to ask yourself three questions. If you answer "No" to any of these questions, you should probably not file a lawsuit.
- Do I have a good case?
- Have I exhausted all other means of settling the dispute?
- Will I be able to collect any damages?
1. Do I have a good case?
Every lawsuit is broken into 4 parts. These elmenets are legally required.
- Contract Formation
- Performance
- Breach of Contract
- Damages
Contract Formation - What this means for you is that you must be able to show that there was a contract formed between you and teh party which you are filing against. If you have a paper that specifies Joe's Plumbing will do something, that's excellent. If you and your neighbor were talking over the fence one day, and he said he would do something you're most likely in trouble. In some cases, a contract can be implied. For example, when you take your dog to the vet, you are entering an implied contract and promising to pay the bill when it arrives.
Performance - Did the work or service specified in the contract get performed? If you hired a mechanic to fix your car, and they never even bothered to take it into their shop, they clearly have not performed the work. On the other hand, if they took it into their shop and replaced some parts, they have performed a service, even if your car is still broken. You must also show that you performed your end of the agreement. Taking them to court without having paid the repair bill technically puts both of you in breach of contract.
Breach of Contract - This is the really the root of the matter. This si the element in which you must prove that the other party did not live up to their end of the bargain. In the case of a repairman that doesn't perform the agreed upon repairs this is fairly easy. If the repairs were shoddy or poorly done, you must show that the work is of unacceptable quality. In these cases it is often helpful to get the opinion of another expert.
Damages - This is where you show the amount of economic loss you suffered. In straightforward cases this is easy to prove. For example, if Joe's Plumbing broke your water heater, it is quite easy to provide teh receipts for the repair or replacement of the water heater. In less easy cases, you will not have a specific amount or you may be seeking damages for intangibles like pain and suffering. In these cases you really need to talk to an attorney.
2. Have I exhausted all other means of settling the dispute?
Suing someone should be seen as an option of last resort. Before you sue someone you should attempt to engage them directly. If a lawsuit is a possibility, make sure to engage them in writing so you can show you attempted to work out your differences. Many websites have examples of Demand Letters that can be sent to the other party If engaging them directly fails, your next step should be to seek mediation. Mediators are much less expensive than attorneys, and you can often work out a mutually acceptable agreement that save both parties time and money. Many contracts stipulate that disputes will be settled by Binding Arbitration, and in those cases hiring an attorney won't do much good.
3. Will I be able to collect any damages?
This is a very important factor in your decision. As the saying goes: "You can't squeeze blood from a turnip". The court will not collect what you are owed. It is up to you to collect. Paying an attorney to sue a bankrupt business or an unemployed bum will only cost you money. However, if the other party has valuable assets, collection is usually not that difficult; you can simply contact the sheriff or an equivalent law enforcement agent and instruct them to seize what you are owed. In most states they will be able to granish wages, have contractor's licenses suspended, or even take money directly from a cash register. But if you can't identify any source from which to collect your judgement, suing is probably not your best option.
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