Are you having a business disagreement with another business or individual? Have you tried everything you can to resolve the issue, but without any success? If so, the next option may be to file a civil lawsuit.
This may seem like an extreme option, but in reality, civil lawsuits are fairly common. In fact, over 40 million civil lawsuits are filed every year in the USA, and there are over a million lawyers to help deal with the lawsuit process.
So if you need to file a lawsuit, you’re not alone – but it is important to make sure you know what you’re doing before you get started.
Here’s everything you need to know about filing a lawsuit in a business disagreement.
Who Is The Defendant?
Is the defendant a business, an individual, or both? It is important to know who you are filing a civil lawsuit against before you do it, as it can help to determine the amount you could win. It can also help you to decide if it is worth it; generally, it is much easier to file a lawsuit against an individual, but if you have a strong case and a good attorney, you can certainly win against a business.
What Do You Expect To Get From The Proceedings?
Filing a civil lawsuit comes with legal fees and court costs. If these costs are more expensive than the amount you hope to win, it may not be worth pursuing the case – but if you could stand to win big, you may wish to continue. So take some time to think about how much the individual/business cost you, and then compare this cost to the court fees.
Is The Defendant Harming Your Business?
If they are harming your business, you will need solid proof, such as an expert witness or video footage of the harm they cause. Without this proof, it will be difficult to win in court, so take some time to gather up evidence and witnesses before filing a claim.
What You Need To Do: Hire An Attorney
The first thing you should do is speak to an attorney about your case. They will be able to review your case and decide if you should proceed, and they can also represent you in court. We suggest finding an attorney who has experience in the specific area you are dealing with (such as employment law or contract law).
Contact The Correct Jurisdiction
Once you have weighed up your options and gathered evidence, you can contact the right jurisdiction. This often depends on where the event took place, and it can also depend on the type of case. For instance, you may need to speak to a small claims jurisdiction or exclusive jurisdiction. You can find out more about these options by contacting your local court for more information.
Write A Demand Letter
Once you have contacted jurisdiction, you can write a demand letter. This letter will explain your case and how you want to be reimbursed, and this will be reviewed by both the defendant and the court. Once the letter is written, you can fill in court forms and register the claim (which normally costs money).
Set A Date With Court
Next, the defendant will be served with the demand letter and a date to appear in court, and then they have some time to decide how they want to proceed. For instance, they may want to build a defense, but they may also decide to settle out of court.