How To Sue Someone

May 20, 2015


Watch more How to Understand Legal Issues videos: http://www.howcast.com/videos/259656-How-to-Sue-in-Small-Claims-Court

Stuff happens – and sometimes you deserve to be compensated for it. But a lawsuit should not be undertaken lightly.

Step 1: Decide if you have a good case
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 if you can collect if you win
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.

Tip
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 your claim
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.”

Tip
The maximum amount allowed in small claims court can be as high as ,000 but varies from state to state.

Step 4: Name the defendant
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 the complaint
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.

Tip
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: Move to discovery phase
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 and proceed to trial
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.

25 Responses to How To Sue Someone

  1. geekinthepink580 says:

    Thanks!

  2. PivotZap says:

    WHAT THE HELL ARE THOSE THINGS?

  3. Jose Mendoza says:

    i sue howcast….. XD

  4. dafranx says:

    How bout suing McDonald’s because of obesity and other health problems?

  5. ALYSSAisblonde says:

    this video scares me.

  6. Kitty Cohen says:

    my dad is a lawyer and sued my school …we won

  7. blink182king says:

    @jerryhsu007 LAUGH MY FUCKING ASS OFF!!!!!!!!!! That’s Halarious!!!!!!

  8. FathomLordKarathr says:

    after watching this video i went to a lawyers office were i tripped becuase
    of you ill see you in court

  9. Tripydevin says:

    How to sue someone. Step one, become American.

  10. PlasticViolenceLego says:

    1:26 duck lips

  11. Ash Williams says:

    This animation looks like shit.

  12. ObnoxiousAgnostic says:

    last comment

  13. karen88radke says:

    @MultiRump nope

  14. StereoBucket says:

    If bug forum online doesnt unban me then ill sue them ^^ tHey banned me for
    trolling which i never did. All i done is that i wrote 2 to 3 post in
    cyrillic in joke. There was no rule against this so i think this was
    because of my nationality.

  15. capps4242 says:

    One time I sued a woman named Sue. not jkg!

  16. PopoUltimate says:

    😀 THX

  17. SlipknotBren says:

    PLEASE REPLY! I won a $300 prize from a Stacker machine and it didn’t give
    me the prize and they say i didn’t win but 5 people I didn’t even know saw
    me win and I got there names and numbers could I Sue Stacker for my prize
    and win ?

  18. Maximo Aguilar says:

    i’d rather understand the Law for myself and Speak for myself … fuck the
    Laywers

  19. Michele Rochon says:

    Holy shit that was complicated

  20. Ted Bakerson says:

    Thanks guys I’m going to sue the shit out of people now.

  21. Treasure Iheonye says:

    What did you say about suing McDonald’s? :O ?!

  22. Farzan Mojabi says:

    Is it a good reason to sue the parent of a kid that threw a baseball and
    you for no reason and put a yellow jacket on it and then you get stung by
    it? Because it hurts and someone my friend knows this person so is it a
    good reason or not?
    

  23. Noble Robinson says:

    Can i sue someone for calling me fat?

  24. ShittleDittle says:

    creepy

  25. Anton Gustavsson says:

    money can vary from state to state.. WHY DO THEY ASSUME EVERY1 ON THIS
    PLANET IS FROM UNITED STATES??

Leave a Reply

Your email address will not be published. Required fields are marked *