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How do I sue someone ?
djh860
Member Posts: 3,232 ✭✭✭
There is a business who I plan on suing in TN. I live in MA. The amount is suitable for small claims. Do I just sue him in my local small claim court?
Comments
You must sue either where the incident/accident took place, or where the defendant's main place of business is located.
Since you live in two different States, you could sue in Federal Court on "Diversity"; however, the damages must be honestly alleged to be $75,000.00 or greater.
You can also use Federal Court if the controversy involves the Constitution or a Federal Statute.
Your filing fee is approximately $575 to $600, and you are responsible to serve the named defendant properly.
quote:The amount is suitable for small claims.
If it is small enough for small claims court, why would you bother?
also please know that a judgement in a small claim doesn't necessarily mean you will recoup your losses
quote:Originally posted by eboydell
You must sue either where the incident/accident took place, or where the defendant's main place of business is located.
Since you live in two different States, you could sue in Federal Court on "Diversity"; however, the damages must be honestly alleged to be $75,000.00 or greater.
You can also use Federal Court if the controversy involves the Constitution or a Federal Statute.
Your filing fee is approximately $575 to $600, and you are responsible to serve the named defendant properly.
quote:The amount is suitable for small claims.
If it is small enough for small claims court, why would you bother?
also please know that a judgement in a small claim doesn't necessarily mean you will recoup your losses
That's true. If you win, you need to file a copy of the judgment with their city or county clerk to have it on record. Then, you will have to sue again to enforce the judgment against property, bank accounts, etc. Since they're a business and not an individual, you can't garnish anyone's wages. However, if they lose, maybe they'll just pay you to avoid negative publicity.
I hope it's serious enough to go through all of the expense. Otherwise, we've all had to eat a loss at one time or another. It's a bitter taste but you learn not to take another bite!
PS - You also want to do a public records search in their county courthouse to see how many judgments, if any, are already filed against them. Those would take priority over yours. "First come - First served" so to speak.
A much more effective route is to hire a nice-looking hooker to proposition him then get photos of them leaving the motel room together with dishevelled clothes. [:D]
That may not matter. He didn't say what kind of business he's suing! [;)]
You may/will have to appear. So hiring a lawyer or para legal to represent may be your best bet considering the distance.
Good luck![8]
I want to sue the guy who messed up my gun.
I don't blame you.
I want to sue the guy who messed up my gun.
Don't let it become an ego thing. It sounds like you're gonna lose money on this even if you win.