When you have been wronged in some way, the urge to litigate can be overwhelming. You suffered damages! Someone wronged you!
You can whip out your smartphone and call the nearest law firm, but you might find that the lawyer refuses to handle your case because it’s not financially feasible for them to do so. So, before we discuss how to sue someone in court, let’s take a look at whether your case is one that you should pursue.
Do you really have a good legal case?
Just because the neighbor’s kid ran a dune buggy over your lawn and caused $17,500 in landscaping bills doesn’t mean a lawyer will be interested in pursuing justice on your behalf. This goes for all types of cases, including car accidents, veterinary malpractice, and nursing home abuse. Even though it’s important to you, it might not be important to anyone else.
Take a step back and really, really look at your case. Be objective. Is there a reasonable chance you will recover a not-insignificant amount of damages? Often, those who are wronged simply want everyone to know they were wronged (especially the person who wronged them). But attorneys need to pay their rent and keep their lights on. Accordingly, attorneys typically accept or reject cases based on whether they will be sufficiently compensated, not whether an injustice has occurred.
Once you’ve decided your lawsuit is financially feasible, you’ll need to decide whether it’s winnable. Remember, most personal injury attorneys accept cases on a contingent fee basis, meaning they don’t get paid unless you recover damages. To put it simply: personal injury attorneys don’t handle cases they don’t think they can win.
You must establish certain facts based on the nature of your claim. These facts are called “legal elements.”
For example, most personal injury cases require that plaintiffs establish the legal elements of negligence:
- The defendant owed you a duty,
- The defendant breached the duty owed,
- The defendant’s breach was the cause of your injury, and
- You were, in fact, injured.
Without a law degree, it may be hard to evaluate your likelihood of success. Fortunately, most initial consultations with attorneys are free. An attorney will be able to tell you whether a case is worth pursuing.
Of course, if you plan to file a lawsuit pro se (i.e., represent yourself), you’ll simply need to decide whether pursuing the lawsuit is worth your time and money. Although you won’t be paying for an attorney, you will likely have other expenses, which may include:
- Filing fees
- Service of process fees
- Research expenses
- Investigation expenses
- Cost of expert witnesses
- Cost of deposition services
Is there an alternative to suing someone in court?
Lawsuits are long, difficult slogs, especially for someone who doesn’t make a living handling them. How will you know of any pre-filing requirements? What are pre-filing requirements? Will you know how to prepare for hearings and depositions? How should you act in court? Do you need to bow to anyone?
Being a lawyer is hard; that’s why it takes so much time and effort to become an attorney. Lawyers typically do not represent plaintiffs at small claims court because the stakes, shall we say, are too low -- but that makes those cases no less complex for a layperson.
If the dispute can be solved by any other means, even alternative dispute resolution like arbitration or mediation, do that instead. It’s easier for everyone involved, less stressful, and likely cheaper, too.
Have you sent a final demand letter?
Many people actually forget to do this, but sometimes one last demand letter, hand-delivered or sent by certified mail with return receipt requested, can make an enormous impact.
The letter should be typed and official-looking, with your contact information clearly listed. In this letter you should state what happened, the previous attempts you’ve made for restitution, and what amount of money you are willing to accept. Be sure to make it clear that if they don’t comply, you will file a lawsuit.
Is the defendant able to pay?
Vengeance won’t taste as sweet when you realize that even though you got a $50,000 judgment, the defendant has already filed for bankruptcy. Don’t get caught paying for litigation that won’t reap any reward.
There are methods to recover money from a defendant who can’t pay or refuses to pay after a judgment is entered, such as wage garnishment, but those methods typically require you to hire an attorney.
How to start your lawsuit
All lawsuits begin by filing and serving the summons and complaint:
- A summons is simply a document that notifies the defendant that they’re being sued.
- A complaint sets forth the facts of your case, the defendant’s liability, and how much money you’re demanding.
You must file and serve your complaint in compliance with your state’s rules of civil procedure. What’s more, you must file your complaint in the proper court and in the proper geographic location. In most personal injury cases, you can file your complaint:
- In the county where the defendant lives, or
- In the county where the accident occurred.
The bottom line
Even if you think it’s a small case that wouldn’t warrant a lawyer’s involvement, talk to an attorney anyway. The first meeting is usually free, and the attorney can explain:
- What type of case you have,
- Whether you should pursue it alone, and
- How long it might take.
We have even written a list of materials that you should tailor to your situation and bring with you to that first meeting.
Documents & Evidence Checklist
Checklist of 30 items to help you prepare for making a personal injury or accident claim
Download in PDF format
California Courts lists these as the steps for how to sue someone. Keep in mind the actual courts and processes may vary by state, but generally you will need to do these things if you’re pursuing a case by yourself:
- Figure Out How to Name the Defendant
- Ask for Payment
- Find the Right Court to File Your Claim
- Fill Out Your Court Forms
- File Your Claim
- Serve Your Claim
- Go to Court
Finally, here are some additional resources that should help answer the question of how to sue somebody in court:
Edna F. Chambers says
I had property stored in a storage facility. Without contacting me, they sold my property and kept the money. I making arrangements to remove my property when I learned that they had sold my property and I want it returned to me. The facility is Snapbox. They had no right to sell my property. I want want it back. It is worth around $2000. I want the property returned or I will want to sue for $5000, for all the stress I’ve endured. Please help me get my property returned. Most all of the property is personal. I had all of my high school year books stored in there.
Ian Pisarcik says
I’m sorry this happened to you. When someone takes your personal property without your permission, the appropriate cause of action is “conversion.” I would recommend talking with an attorney in your area so that you can begin the process of getting your property (or damages). Most initial consultations with attorneys are free and you can use our online directory if you don’t know where to look for an attorney.
Sarah Line says
Dear Edna, I lost more than $25,000 worth of property and irreplaceables including thousands of photos which were taken by a storage facility in New Jersey I had been with for 10 years with no problems. A woman who hated me was promoted, and she and her supervisor locked me out of the facility after we did battle about kitten rescue on the property. They took and cashed my final check after they locked me out. never returned a dime and charged me with a quasi crime of cat feeding and blocking the manager’ from going through the gate. I had already given notice and the court advised me to stay away from the facility. They took all of my valuables and nobody knows what they did. I lost everything and there is no evidence of a sale or auction.
Ian Pisarcik says
I’m sorry this happened to you.
I would recommend contacting your local state bar referral service. You can explain your issue over the telephone and they will provide you with a list of people who can provide legal assistance.
My neighbor says hes sueing me because I didnt put the fence up that I had told him I was going to.
He raked up some stones and had some yard work done in preparation of MY fence coming…..now I have decided to wait on MY fence along his side. Can he sue me for the work he did in his yard in preparation? Sounds crazy to me, we had exchanged texts where I said I would be putting a fence but no contract or anything like that
Nell Ellis says
My ex tenant stole my storm shutters nd other stuff and damage my house
Sue DeGolyer says
On November 2 2019 a company called New Again came to our home and pained the titles in our bathroom.
When he finished we were told to leave the door close for the rest of the day. The following day when we went in to look at the job we seen eleven places where there were runs in the paint. We called the owner and he said he would send someone out to look at it. After many (7) phone calls and three and a half months later a man came out and sanded down the runs. He had to go to the old color on nine of them. He told us the owner would come and finish the paint in a couple week. As of today May 2 2019 it has been over six months we have made more calls to the owner and he will set a date but again not show up. He gave us excuses for the first three, but we get no excuses now he just does not come. My husband or I have taken off twelve full days of work including today. Last month we did report him to the BBB, Still no show today and another day off work. Please tell us our next step. Thank You!
Bob Eschmann says
I hired a painting contractor, he didn’t fulfill his part of the contract. We have sent txt message , emails he refuses to reply. He damaged hard wood floors and Vinel flooring, vanity and kitchen cabinets
a guy was running deals on tattoos 150.00 for two big tattoos. I was told 150.00 would book my appointment and that I need to hurry and pay before the deal is off. So i paid it. Then after I was told it was only a deposit, but my appointment is booked date and time.. later that night the tattoo guy invited me over for drinks. Which I thought was not professional. We don’t know each other. I declined that offer which resulted me to questioning him and his work if he’s legitimate that I need reassurance..he then became upset told me I owe him 100 more dollars which I was totally fine with I can pay during my appointment. I was told I need to pay it now if not he’s going to refuse my services and not give me my money back.. can I do something about this?
Ian Pisarcik says
Do to the amount of money, it’s likely not cost efficient to hire an attorney for this matter (though you can contact your local bar association to see if an available is available to help at no cost). Your best bet is to take your issue to small claims court. The website of your local small claims court will have information about filing suit. In the meantime, take a look at our article on filing a claim in small claims court: https://www.enjuris.com/personal-injury-law/small-claims-court.html
Hey, I lend money to my then BF (20k) for his business we wrote a contract that it should be paid off by May this year. He has only paid back 5k so far and he thinks it’s ok that he is not keeping his word. I have been flexible with him but it’s been so bad now that he is not even paying anything back. I have said I would go to a lawyer but not sure of it would help to seek out help. I just want my money back. Please help
Ian Pisarcik says
If you and your boyfriend entered into a valid contract, your boyfriend will have to satisfy the obligations under the contract. Without looking at the contract, I can’t determine whether it’s valid. I would recommend reaching out to an attorney in your area. Most attorneys will provide an initial consultation for free.
Monique Clark says
I have a car company that will not honor the seven-day buyback on a second car that I tried to return due to the multiple issues it’s $22,000 car. they told me that they would only do it off the original purchase date and my new car had an original purchase date of the 9th of July. my new contract for the second car started so that would void the first contract. Correct? They gave me the 7-Day buyback paperwork with the second car and said whoops you shouldn’t have gotten that once I tried to return it . the 7-Day buyback does not refer to the first car only it says your original purchase date on the form. The original purchase date is different for the second car of course so they should be referring to that. Or am I missing something? I also called three other dealerships in different states and they all said they would take the second car back I have no idea why this one won’t besides greed. How do I file?
Ian Pisarcik says
It’s difficult to provide you with a specific answer without seeing the contracts. I would recommend reaching out to an attorney in your area. If you can’t afford one, contact your local state bar association and ask for a referral to a free or reduced-cost attorney.
If you want to file a lawsuit on your own, you’ll have to start by drafting, filing, and serving a complaint. For more information on this, check the website of your locate state bar associated as well as the website of your local state court.
Peth Phrasattha says
Looking to sue someone that I purchased a restaurant from. Agreement was that previous owner provide training for 3 months without pay. Month and half into it, he stops showing up. He is in breach of contract. Do I have a valid case to sue and get my money back provided that I give him I restaurant back? What steps do I need to take to initiate this legal process?
Ian Pisarcik says
It sound like you have a claim for breach of contract (though I’d have to see the contract to be certain). I would recommend speaking with an attorney in your area. You can use are free directory to find one. If you want to pursue the case without an attorney, you might explore the possibility of doing so through your small claims court. The court website should have the steps for filing and serving the initial complaint to get the lawsuit started.
NO! I have not flown solo I’ve never done this before
Ana morales says
I had a vehicle I lend to a “friend” for a week I was paying a loan on it he stated he wanted the vehicle I told him it was fine as long as he paid of the loan it’s been 2 months I been trying to get the vehicle back he not paying the loan and the loan place is just messing up the already poor credit I have I do not know what to do.
Ian Pisarcik says
From the information you’ve given me, it’s not clear if you created a legally-binding contract with your friend. In addition, there’s a strong possibility that your leasing agreement specifically prohibited you from contracting with another person to pay the loan. With this in mind, my best guess is that you (and not your friend) are liable for the remaining loan amount. You may want to contact an attorney in your area to help recover the money you believe is owed to you from your friend. In the meantime, it’s probably in your best interest to pay the loan company.
I need one for A.Z. , O.K. , CA, N.M. , CO. , Please & Thank you.
I’m considering filing a law suit against a doctor. He misdiagnosed my husband and my husband died of a heart attack that we were told would not happen. Dr. Refused our request for an angiogram. His test results show 4 places that “were not readable” . I’ve written to Doctor, the clinic he works at, and the hospital they are all under. They have not responded to me at all. Any suggestions?
Melissa Gold says
Hello, Sandra. I am so very sorry for your loss. I can understand that you want answers and to hold someone responsible, if that’s the case. It sounds like you’re considering a medical malpractice claim. Medical malpractice is handled differently depending on what state you’re in. These are very, very complicated cases and sometimes there are several defendants. Fortunately, there are lawyers who specialize in exactly this area of law. I’d suggest contacting a medical malpractice lawyer in your state who can help. Most personal injury lawyers will offer an initial consultation at no cost, and the lawyer will advise you of your best approach. Also, don’t wait too long… every state has a statute of limitations, which is a deadline by which a medical malpractice lawsuit must be filed. If you let too much time go by, the court won’t take your case. Please feel free to use the Enjuris Personal Injury Law Firm Directory to find a lawyer in your area who can help. Again, I’m so sorry for your loss.
Mosi williams says
Can I sue a former supervisor,that lied on me to and got me fired in NC
Ian Pisarcik says
It’s certainly possible to sue a former supervisor for wrongful termination. I would recommend speaking with an employment law attorney. If you need help finding an attorney, you can use our free online directory.
Joshua A Pruitt says
I thought I had a very awesome friend that was going to help me out by taking care of my vehicle by parking it at his home and he was suppose to start it once a week to keep the battery charged and to keep the engine in a good condition and I would go use my vehicle sometimes and after a month or two I went to go use my vehicle one day and it was gone and he told me on the phone he gave me my keys back and I picked up the vehicle, no one here in Washington DC would take my case so I filed the paper work myself and I am going to sue him for $10,000.00 and I even put $3,000.00 on the paper work for an attorney if I could find one but what I am worried about is legal jargon and proper legal terminology, can you help me with this? Please? Thank you for your consideration upon this matter.
Melissa Gold says
Hello, Joshua. What a tough situation to be in with a friend! It sounds like you’re having a misunderstanding or miscommunication about whether or not the vehicle was returned to you. It would definitely save you time and money if you’re able to work this out with your friend. But, of course, sometimes that’s not possible and you have to resort to a legal claim as a last resort.
Before beginning a court proceeding, you can try to write a demand letter. A demand letter would set forth exactly what you’re asking for (return of your vehicle), what evidence you have that it wasn’t returned, a deadline, and a consequence. In this situation, the consequence would be that you’ll pursue legal action if your vehicle isn’t returned.
You can seek the assistance of a personal injury lawyer to draft a demand letter as a first course of action so your friend knows you’re serious.
If you choose to use small claims court, you can do so without a lawyer. Here’s some information about how to file a claim in small claims court: https://www.enjuris.com/personal-injury-law/small-claims-court.html.
If you do find that you require the services of a lawyer, please feel free to use the Enjuris Personal Injury Law Firm Directory for Washington, DC.
Again, I’m sorry to hear you’re going through this and I hope you can reach a quick and favorable resolution.
Joshua A Pruitt says
I parked my vehicle in Walmart’s parking deck in Washington DC, I entered the shopping cart and elevator lobby, I got a shopping cart like I always do and I was headed to the elevator and all of a sudden my shopping cart wouldn’t move anymore and I looked up and a disgruntled Walmart employee was standing in my face (like I could literally lick him if I wanted to) holding my shopping cart and told me that I could not use the shopping cart, I immediately tried to enter the elevator with my shopping cart and all of a sudden myself and my shopping cart was flying in the air and I was slammed down to the ground. Once again I could not find an attorney to represent me in this case, once again I filed the paper work in court and it is not a small claims matter and i’m not going to state how much i’m suing for but I am doing it hopefully the video footage from three camera angles will be enough for a judge and 12 person jury but once again I am afraid of not know legal jargon and terminology, will you please help me with this? Please? Thank you for your consideration upon this matter.
Melissa Gold says
Hi, Joshua. Thanks for reaching out. This sounds complicated. I’m sorry that you’re having to deal with this and hope that your injuries aren’t severe. It’s hard to know exactly what’s going on here without all of the facts, but it’s probably good news that it sounds like you have access to surveillance camera footage of the incident. You mentioned that you’re not suing in small claims court, so the first question is the amount of your economic damages. Economic damages are the costs for things like medical treatment related to the injury, lost wages while you were recovering, etc. There are also non-economic damages that would include things like pain and suffering, but those are harder to quantify and are usually based on the severity of your physical injuries.
Since you’re planning to file a claim in court, you would be best-served by hiring an attorney. Sometimes it does take a few tries to find a lawyer who is the best fit for you and your situation; you might need to meet with a few to find the right one for you. Enjuris offers a free directory of Washington, DC lawyers who you can contact for help.
I recently got my drug test done from one of the diagnostic center as part of pre-employment screening. This test was ordered by third party screening services company. Once I got my test done the diagnostic center gave a donor copy for my reference and surprisingly on the donor copy I see that my SSN is printed in FULL as my donor id. They’re using my SSN# as a donor ID.
This is really a serious concerning for me. I shared my SSN with screening services firm while providing the details and they shared it as identification purpose with the diagnostic center which is still ok but what is seriously concerning me is they using it as ID and printing it on the copy without masking the number.
Can someone please suggest me how to take this matter forward?
Samantha Perri says
I moved my whole life because he said (and I have emails proving he said) he’ll pay the moving fees, including food and gas) to move to Texas.
Samantha Perri says
Promised food, gas, and housing to take this job. Never received anything.
I received a speeding ticket an I have proof that I was not going as fast as wt the ticket was wrote for I had to drive 4 hours one way an 4 hours back just to plead not guilty an I will half to do it again for trail can I sue the courts for lost wages an gas I have legitimate proof that I wasn’t going as fast as they say I have a app on my phone that’s shows my route an my speed
Samantha Perri says
He moved me from cali to Texas. Promising a job and place to live. I moved my whole life and job. Now I have NOTHING and am on the streets. I had a job,a house, everything and he took it away
Ian Pisarcik says
I’m so sorry this happened to you. It sounds like you need an employment or contract lawyer. I imagine finances are tight for you right now. I would recommend contacting the “referral line” at your local bar association. When you do, explain your situation and tell them that you need a free or reduced-cost attorney. Similarly, you can check with the nearest law school. Most law schools have legal clinics that offer free legal services to people who qualify.
Denton Vanzant says
Very sorry that happened to you prayers sent
harmony makhensa says
I used someone’s picture for advertising the learnership project and the picture i took it on the department of education education website
I’ve got an injury on left eye where I’ve been knocked by someone…I go to the doctor and find out that my eye will never see again…what may I do?
Ian Pisarcik says
If the person who injured you acted negligently or intentionally, you can sue them for damages (medical expenses, lost wages, etc.). I would recommend using the Enjuris Legal Directory to locate an attorney in your area. Most attorneys provide free initial consultations.
Hongying Gan says
I am a tenant of over 15 years, a few months ago my landlord asked to me share my electric meter with his other tenant to which I agreed to. The tenant has yet to pay for 6 months worth of electricity (over $1500) and he moved out two months ago, so its been more than 8 months already. I told the landlord about this and he said that the issue is dealt with between him and I. I have already tried to contact the tenant and hes refused my messages and calls. What should I do?
lIZ B. says
my step-daughter moved out of the house that we were co-trustees of. when she left she still owed over $6000 for water,sewer, and back taxes which she promised to pay, that was in 2015. I started asking for the money last Nov., she paid some and then stopped. We sold the house this past Nov. and while we were cleaning it out and getting it ready she was paying me along the way. In Oct. I found a place and asked her for $600 of what she still owed which was almost $4000. She offered me a $1000 check or $600 cash and we call it even, I said no and she started making wild accusations. We havent spoken since. What can I do to recover the money.
I was given money from a guy in prison, he did an on the phone money transfer from his account to mine. I used the money for personal needs and he is saying he can file criminal charges against me and will sue. He claims I have stolen from him. Can he do this? Should I seek a lawyer?
Ian Pisarcik says
He can certainly make a claim but he would of course have to prove that you did something wrong. I would save any contacts you have from him (letters, etc.). I probably wouldn’t hire an attorney unless and until he files and serves you with an actual complaint.
I go to school with someone and he is always hitting me and my friend with his iPad and his hand and not in a playful way we have made complaints to the school they tell him to stop but he does not then they just let him go this is assault would I be able to sue him or take him to court for this
Ian Pisarcik says
Assault is an “intentional tort.” You can certainly file a lawsuit for damages based on assault. However, you would have to prove that there are in fact “damages,” which may be difficult in this case. I think your best option is to try to resolve the issue through the school (maybe a typed and signed letter send to the school administrator expressing your concerns would help).
I’m from Boston and a former friend from MD.
She had an affair with my fiance (friend at the time) and recorded themselves having intercourse. I came across those videos/photos and sent it to her husband. She tried sueing me but she didn’t have a case so it was closed/dismissed.
Question is, can I sue her for malicious prosecution, Or abuse of process, or right of redress?
Ian Pisarcik says
Malicious prosecution requires you to prove that there was no reasonable grounds to sue. Just because a case was dismissed doesn’t mean there wasn’t reasonable grounds to bring the suit. Generally speaking, it’s very difficult to prove malicious prosecution and usually not worth the expense. But, you really have to meet with an attorney in your area to review your case and make a determination about this.
I am a model. I was in LA for contract work when I was invited to a studio session party with these guys. They aren’t random, one of them has 100k and the other has 70k followers and they are pretty famous. They said they needed to be accompanied by beautiful women to the party and one of them is my friend so I went along with it. After the party i asked my friend if I could borrow some money for the uber to get home. He said his friend that is with him handles all the money. His friend has a nickname. Hes from Atlanta and goes by a nickname. He asks to see my PayPal scan code. I log into my account and show him the code so he can scan it. He asks to hold my phone for a closer look. So i hand him my phone and start to collect my things from around my friends apartment and before I know it he has added a random card to my account and sent a massive payment of 1975$ to another person who had attended the party. I didnt realize this until in the uber on the way home. Whoever owned that card disputed the transaction and my PayPal has been shut down. I think I am a victim of fraud. Is there anything I can do?
Melissa Gold says
Hi, Allison. It sounds like this is an issue to take up with PayPal. It sounds like this person added someone else’s credit card to your PayPal, but you didn’t lose the money. If you lost money, you can file a claim with PayPal, which incorporates certain fraud protections into its terms of service. If I’m understanding your question correctly, it’s that you didn’t lose the money, but your PayPal account was shut down because it was associated with a fraudulent transaction. If that’s the case, you can call PayPal and find out what you can do to reconcile your account and resolve the situation. Best of luck to you!
S L Martinez says
I was in an auto accident. I had the green light and some idiot ran his red light. I basically “T-Boned” him. There was a witness who said the other driver ran the red light and he was cited. My attorney, Jacob Emrani was not aggressive enough and when the other guy’s insurance company kept denying liability. they dropped my case. I have a classic BMW 740i and I have to pay just over $23,000 for repairs. I sent him a “Letter of Intent to Sue” and I need to find an attorney who will take my case so I can sue him personally to recover the costs to my car. How do I proceed
Ian Pisarcik says
It sounds like you simply need to reach out to a couple of personal injury attorneys in your area. You can locate them using our directory. Most attorneys offer free initial consultations, so it won’t cost you anything to meet with them and (a) make sure they’re willing to take your case, (b) make sure they’re the right attorney for you.
My friend made a bank transfer ($1500) to me in October 2019. It was between banks of different networks so the way it works is I had to enter my bank account number to receive the money and it takes 3-5 business days for the transaction to complete. Apparently, I went off by a digit when entering my account number (there’s no way for me to check it personally) and the money went to a different person. I contacted my friend and she contacted her bank (the sender bank) about the situation within a week of transaction and they kept bouncing us for months saying we’ll see what we can do to get it back. Finally, about 2 weeks ago, they said they cannot get the money back and they are holding me liable since I was the one entering the wrong account number. As a financial institution, isn’t it their responsibility to assure secure transfer in such cases of human error (especially when it was reported within reasonable amount of time)? Can I sue the bank in small court? How do I do that?
Melissa Gold says
Hi, Sarah. Unfortunately, mistakes do happen — and sometimes they can be costly. There are a lot of factors that affect a small claims action against the bank. You might wish to find out ahead of time what the bank’s policy is for this situation (that is, a transfer of money that’s affected by your having entered the number incorrectly). You might find in the “fine print” that the bank places liability on the account holder in these situations.
If you do decide to move forward with a small claims action, you’ll need to look for the small claims procedures in your state. Here, we offer more information about how to sue in small claims court. You can visit your local judiciary or your municipality’s website to find out what forms and evidence you need and how to serve process on the bank for your claim. Best of luck.
I checked their online banking agreement and this is what I found – ” Your funds may not reach the intended
Recipient because of errors made by the Sender or Recipient and you could lose all the funds. The funds that are credited to the Account cannot be recalled by us. If you suspect that you have entered information incorrectly, call us immediately and we may be able to cancel the Transfer. We have no obligation to cancel the Transfer or to reimburse funds that were transferred according to the Sender’s instructions”. It looks like they have their way out of it but I am just disgusted by how they handled this.
The way this feature works is the sender sends the money to a mobile number/email. I, as the receiver, get the the link in my phone/email and click it to enter my information (my name, my bank’s routing number, and my account number twice). After I enter my information and click collect money, there’s no way for me or the sender to check what account was used to collect the money. What I’m trying to say is that I don’t even know if I made the mistake (it’s completely based on the sending bank saying that the money was sent to a different account number than mine and that I probably entered the account number incorrect). This has made me understand how unreliable this feature is and it needs to be amended. I never read the 40 pages long policy of the bank but before I used this feature first time, I was told by a staff member that it’s completely safe and I can always visit the bank to make file a dispute in case the money accidentally goes to the wrong recipient. Do you think it’s still worth taking to the small claims court?
What kind of law office should I approach for below situation:
A common friend not giving money ($50k) back to me after I originally gave him with the intension of purchasing business from him. I did not signed any lease or contract with him because things changes in life and me and my wife decided not to go forward with purchasing business. Now upon asking for our money back, since we didn;t purchase the business, that person is giving us a hard time.
Ian Pisarcik says
It sounds your friend believes the money belongs to him based, perhaps, on an oral contract. You might consider reaching out to a contract attorney, but many personal injury attorneys would also be able to handle this case.
Use our free online directory to contact an attorney. If you’re still at a loss, call the referral number for your local bar association. The person who answers the phone can provide some recommendations based on your case description.
I bought a used vehicle from a private seller. The seller told me, in writing and in person that the car had some cosmetic damage but the car was reliable and that It runs and drives
well. I drove the car a short distance at the time of purchasing it, just to make sure it started up, but there were plenty of damages to the car that went beyond what sounds like “some cosmetic damage” that he did not mention. The next morning I go to turn the car on but it doesn’t start. Can I sue for the money I paid for the car? Or can I sue for the cost of any repairs that need to be made?
Ian Pisarcik says
When it comes to buying cars from private sellers, you generally buy the car “as is” and are not protected against problems with the vehicle. There is an exception if the seller made specific promises in the contact. It’s impossible for me to tell you whether you have a good breach of contract claim or not without looking at the contract. I would recommend meeting with an attorney in your area. Most initial consultations are free and the attorney will be able to take a quick look at the contract and let you know whether you have a strong case.
Desiree Miller says
Can I sue someone who disobeyed court orders and in turn, basically stole my social security benefits? My attorney during this time was court appointed, completely bogged down with cases and every time I told him to mention their actions in court he pretty much shushed me and in the end I lost everything. And I mean everything including my kids and nearly my life. There is actually more ppl I personally feel I could sue. But as far as monetary retribution goes, this would be my best start I think. Disobeying court orders has to be punishable right? At least? Thanks in advance for any information you may provide.
Ian Pisarcik says
When someone disobeys a court order, you can file a contempt action in an effort to get them to comply. If the court finds that the person did in fact disobey the order, the court may fine the person (or even put them in jail). In addition, the court will take steps to force the person to comply with the order. If you lost money as a result of the failure to comply, you can request damages as part of your contempt action.
I would recommend speaking to an attorney in your area about pursuing legal action. You can use our free directory to locate an attorney.
Hard doneby says
Relocated from 1 city to another based on being accepted for a job. I needed to do a medical which I aced everthing except for a sleep apnea questionaire. Unbeknowing to me This has jeopardised my employment due to the fact this process is still pending results. I applied for this role over 6 weeks ago and I am still waiting. I moved all my belongings which cost me over 2 thousand dollars and with no job I have lost out on a full time job approx 100k annually. I want to sue the medical centre who did my medical because they did not advise me that this would seriously affect my chances.
Ian Pisarcik says
Thanks for the comment.
I don’t have all the facts, but it’s hard to see how an independent medical center would be liable for failing to tell you that the results of a medical exam may impact your job status. It’s possible that the employer is liable for offering you a job, allowing you to relocate, and then rescinding the job offer. However, I would need to see the employment contract to make that determination. For these reasons, I would recommend meeting with an attorney in your area and bringing the employment contract with you. Most initial consultations are free and the attorney will be able to determine whether you have a strong case.
Ron Collum says
I had an oral agreement with someone regarding the act to help them by allowing use of my name to Get an ATT account because they couldn’t due to ‘already having an account’ for the help of her mother. A year later, I learned that she didn’t close the account, didn’t turn in devices, and claimed to have returned them. I visited her recently and she showed ‘proof’ which didn’t turn out to be proof of that accounts return. I told her the documents presented were false and we agreed to meet up and call ATT to settle it. Throughout the time, she called me numerous times to tell me things. At this point she seemed to be being mendacious. So I acted accordingly by asking a few questions to those she included in her stories and they denied her claims. I told her to ask her why she’d lie, but she turned the tables and made it seem like I was harassing her as well as acting as though I’m crazy. I want to take her to court because I have a bit of vocal proof (recorded) of her words. How must I start this? I have no idea what I need or who to talk to.
Ian Pisarcik says
If I’m understanding your comment correctly, it sounds like you wan to sue someone for breach of contract. You’ll need a contract attorney for that. You can start by using our online directory to find an attorney in your area. If you’re still having trouble, call your local state bar organization and ask for the “attorney referral” number. You’ll be able to explain your issue and they’ll refer you to an attorney. Keep in mind that initial consultations are generally free, so you should be able to determine whether the attorney is a fit for your case without any charge.
Allison Lenz says
My fiance and I just recently had a roommate completely abandon us and our lease while having a tremendous amount of debt owed to us for rent, loans, etc. Just two days ago, said roommate also took a sum of money from our bank account. If the transaction on our account isn’t settled, we’re looking to sue. How do we go about it without hurting ourselves in the long run?
Melissa Gold says
Hello, Allison. You should probably cut off your roommate’s access to your bank account immediately, if you haven’t done so already. If the bank authorized a transfer or withdrawal to a person who wasn’t on your account without your permission, you might wish to contact the bank to inquire how that happened. As far as the debt is concerned, how you proceed depends on what state you’re in and how much money the roommate owes you. You might be able to sue your roommate in small claims court if the amount owed is within the maximum in your state. You can read more here about how to file a small claims court action. If the amount you’re owed exceeds the amount allowed for small claims in your state, then you can begin by writing a demand letter to put your roommate on notice that you intend to take legal action if they don’t return the money.
The responsibility for the lease depends on who was named on the contract and the terms of the agreement. If you do need to sue your roommate for the debt owed to you, please feel free to use the Enjuris lawyer directory to find an attorney who can advise you of all of your rights and responsibilities. Best of luck!
Henry Killingsworth says
You made an interesting point when you explained that it is important to come up with proof when you are presenting a case in court. I would think that a good way to come up with strong evidence would be working with a civil litigation attorney. They would know what kind of things to look for that would be good in a litigation case.
Ian Pisarcik says
Thanks for the comment, Henry.
Roomate ditched our lease
I subletted an individual into our townhome and he left without returning the key or paying any rent.
He paid rent for the first few months, and then over night moved out without telling anyone.
He is refusing to contact us back via email or phone.
He owes us for the rent that he has to pay because his name is still on the lease. He also owes us for the keys he did not return.
I have noway in getting in contact with him.
Is there any legal action I could take to make sure my roomates get the compensation that they deserve?
Otherwise, we’ll have to pay for his missing key AND they will not be allowed to terminate the lease early without his signature.
Edit: I am from Minnesota
Ian Pisarcik says
Thanks for the comment.
Generally speaking, the original tenants (the “sublessors”) remain liable to the landlord for the rent even if the sublessee doesn’t pay. The issue you’re having is that you can’t get in touch with the sublessee. There are steps you can take if you don’t know the sublessee’s address (service by publication, etc.), but those steps tend to be expensive. If you think the sublessee will be responsive, I might recommend reaching out to a private investigator. Private investigators can often find current addresses and telephone numbers based solely on someone’s name.
John Cortese says
We live in a coop building. Since 2018 we had have 6 water leaks from the neighbor above us. Every time it happens, we had let the Management know and contacted our Home Insurance. But 2 days ago was a bad water leak, and again today, like it was raining. At this point we are thinking to sue the neighbor for recklessness, because it has been more than a year on and off with water leaks. Do you think this is a good idea, and if not, what do you advice? Thank you!
Melissa Gold says
Hello, John. Thanks for reaching out with your question. I think you need to review the terms of your coop’s proprietary lease. This document (also called an occupancy agreement) might outline specifics with respect to who’s responsible for maintenance. A homebuyer who purchases a coop buys shares in the corporation, which is different from purchasing a house, for example. Therefore, the coop corporation owns the property and there will be certain rights and responsibilities along with that. If your management company and homeowner’s insurance isn’t covering damage from the leaks (and if the management company has been notified but hasn’t taken any steps to correct the problem), you might be able to make a legal claim. Laws differ from state to state, and you should probably seek the advice of an attorney who deals with landlord/tenant issues and coops, specifically.
Please feel free to use the Enjuris lawyer directory to find an attorney near you who can help. I hope the issue is resolved soon!
A driver crashed a car into my parked car and a police report was left behind. The driver who crashed into my car wasnt the owner of the car and the owner of the car does not have insurance. Can I sue him? And is it even worth going through the trouble of doing so. The repairs would mount around $5,000 and I live in CA. Thank you
Melissa Gold says
Hi, Dave. A collision involving an uninsured vehicle is always tricky. A vehicle’s insurance follows the car, not the driver. If your own car insurance is a California policy, it includes uninsured motorist property damage at a $3,500 minimum. You can call your own insurance company to find out how to have this accident covered through your uninsured motorist policy. If your policy doesn’t cover the damages, you might wish to consider a claim in small claims court. In California, you can file a small claims court action for damages up to $10,000.
You can find out more about California car insurance laws: https://www.enjuris.com/california/car-accident/car-insurance-laws.html. Enjuris also offers this guide to small claims court: https://www.enjuris.com/personal-injury-law/small-claims-court.html. Good luck. I hope you’re able to be compensated for your damages.
Dishe Smith says
Hi There, I was in a relationship with an ex-fiance and loaned him 50,000 for a business venture. Now that we are not together he is acting like he doesn’t want to pay. The loan was for a business venture and he has started the business but hasn’t made a payment in over a year. I made him sign a promissory agreement in 2018. What are my options for suing?
Ian Pisarcik says
Thanks for the comment. It sounds like you may have a valid breach of contract claim. I would reach out to an experienced attorney whose practice areas include contracts and/or business litigation.
I got a job and only provided my email and phone number. i advertised online for the company. they were selling mobile devices. i got heaps of messages saying its a scam and that i wont get paid and noone will get phones. i then messaged everyone who messaged me to tell them to not buy anything as it is a scam. the company threatened to sue. can they sue me?
Melissa Gold says
Hi, Monique. Thank you for reaching out with your question. Your responsibility might depend on whether your agreement with this company constitutes a contract (and, if so, what the terms and conditions are or were), and if they claim that you breached the contract. They might also threaten to sue you for defamation (but that doesn’t mean they would be successful). It would probably be best for you to avoid interacting with this company further. If you are sued, you can find yourself a lawyer who’s able to defend your interests. The Enjuris lawyer directory can be a good source for finding a lawyer near you.
Mr Five says
Can I sue a check cashing company for on Friday, talking me into cashing part of my check and getting the rest on a money order that I can bring tomorrow for the rest. Then the next day telling me we’ve just been emailed we cannot cash money orders until Wednesday, then complaining to what I was told was a corporate headquarters supervisor who only said we can’t cash until Tuesday, then on Tuesday I go in and they say we can’t cash until further notice, after I told him what I’d been thru, (and since he was the manager who initially told me tomorrow) he takes my order and info, makes copies and a phone call, and gets an OK for another partial payment and new money order. Upon leaving I immediately call corporate and the line disconnects….??? Thanks for your time.
Melissa Gold says
Hello. I’m sorry you’re having trouble cashing checks. A lot of systems are functioning irregularly right now because of restrictions related to business closures because of the novel coronavirus. I’m not sure whether you’re saying that you’ve lost money to this company or if you still have your check in hand, but not yet able to be cashed. If you can’t get any assistance from the company’s customer service but you believe they’re engaging in unfair business practices, you can contact your state Attorney General or the Better Business Bureau near you to file a complaint.
In a divorce settlement I was awarded a piece of property. My son wanted to buy the property. I sold it to him for forty thousand dollars. Since it was my son I expected him to pay me the money but, he did not. I know he got the money by taking out a bank loan. He kept telling me he was going to pay me but never did. Do I have a case to take him to court? Or, what can I legally do to get money or house back?
Ian Pisarcik says
It sounds like you and your son entered into an oral contract for land. Oral (i.e., not written) contracts for the sale of land are generally not enforceable under the statute of frauds. This means the contract is treated as though it never existed and the land legally belongs to you. However, this could change based on a number of factors (including whether a portion of the sale price was paid and whether title has been transferred). I would recommend contacting an experience contract or real estate attorney to discuss your options.
My nephew was hurt on one ones property takeing post out of ground got struck in the head with one had neurosurgeon operation received 14 stiches it was a bad injury can he be compensated?
Ian Pisarcik says
The term “premises liability” refers to a species of negligence cases that address who is liable when you’re injured on someone else’s property. I would need to know more facts to determine whether the property owner is liable for your nephew’s injury. However, you can likely figure that out yourself by taking a look at our premises liability overview. If you still have questions, I would recommend reaching out to an attorney in your area. Most attorneys offer free initial consultations.
I was left to die in my ex’s-grandparents basement after they drugged me on phentanyl. I was locked in the basement for 3 days. I had defecated on myself and was barely breathing when the cops/ambulances showed up. I spent 2 weeks in st.vincents in Birmingham intensive care unit on a ventilator, 6 months in intensive rehab in Charlotte, and all of the doctor visits after the fact.
I was a straight A student…now I’m going attempting to go back to school and it’s too hard for me.
I had never considered myself disabled until Now and it hurts. Someone please help me get what I deserve.
Ian Pisarcik says
I am so sorry this happened to you. You certainly have legal recourse (both civil and possibly criminal). It sounds like you are in North Carolina. If so, you can reach out to any of the attorneys in our North Carolina Lawyer Directory.
Someone was going to sell me baseball tickets for $3600. I sent the money via PayPal because I thought I would be protected. Since that game and travel we’re going to get cancelled because of the pandemic, I told the seller months before the game was scheduled that I wanted to cancel and be refunded. He said he would send me my money but it’s been 3 months of back and forth. I have text messages with his lies and missing deadlines. He lives in a different state but are there any options to getting my $3,600 back?
Melissa Gold says
Hello — the pandemic has really upended people’s lives in a lot of ways!
Unfortunately, if you wanted to sue someone in small claims court you’d have to do it in the state where they live. You can sometimes serve papers by postal mail, but you’d have to follow the court rules of the state where the other person lives.
If filing in a court where the defendant lives isn’t practicable, you can try calling PayPal and making a claim with the company. It does afford certain protections, and it might be able to help reverse the charge, depending on the circumstances and its policies.
Pamela Henson says
I had a contractor that said verbally that he was licensed, he did a poor job and left many things unfinished. I repeatly sent him texts and he said he didn’t owe me anything. He billed me for things that I never even asked for let alone visually see! I trusted him and wrote out checks when he asked for it for supplies. He did the same thing to the neighbor down the street. My amount he took was $20,000 and the neighbor was $13,000. Do we have any chance at all getting our or some of our money back?
Thank you, Pam
Ian Pisarcik says
You certainly have a case if the contractor failed to complete the work that he agreed to complete. It’s unclear from your comment whether the contractor was actually licensed (and insured) or not. Regardless, I would save all of your text messages and any written contract you entered into (or any other written communication), and schedule a free initial consultation with an attorney in your area.
i want to sue walmart because they had a wet floor with wet floor sign and i will like to sue walmart and get 700$ and they have to pay in cash$$$. thank you for your time and i will get out of your hair and have one perfect day ok. hope you got this message thank you for your time
Ian Pisarcik says
Thank you for your comment.
In general, a store isn’t liable for a slip and fall if the store placed a “wet floor” sign directly in front of a wet spot. Nevertheless, if you believe you have a premises liability claim, you can use our directory to locate an attorney in your area.
Paige McLachlan says
I was personally attacked by my former friend, whom i had great trust in. she destroyed some of my personal property, adding up to the sum of $5,000. I was traumatised by this experience. i have reached out to her to request the money back however have not heard back from her yet. should i sue?
Ian Pisarcik says
Thank you for your comment. Whether or not you decide to sue is completely up to you. It sounds like you’re seeking $5,000 in damages (plus possible emotional distress damages). Because this is a relatively small amount, it’s worth exploring whether you can sue in small claims court. Every state caps the amount of damages you can recover in small claims court. You can find out the cap for your state here. Small claims courts are beneficial when seeking minimal damages because you don’t need a lawyer and the process is much more informal.
Melissa Gold says
Hi, Paige. I’m sorry this happened to you. Depending on what state you’re in, this might be able to be handled in small claims court. Small claims court can be a good option because you can usually handle a case without a lawyer but the judgment has the same weight as any other legal proceeding. If you do decide to go that route, you should gather any evidence you have (receipts or agreements between you and your friend) that prove that she owes you the money. You can read more here: Small Claims Court.
If the amount is too high for small claims court in your state, you might wish to send your friend a demand letter. That’s a document you could prepare yourself that sets forth what you’re looking to receive and puts her on notice that you might take legal action if she doesn’t return the money. You can read more here and here about how to write an effective demand letter.
A lawsuit can be time-consuming and costly, so it should be a last resort if you can’t get your money back any other way. If you do need to move in that direction, you can find a lawyer by using the Enjuris law firm directory. Best of luck!
I have a bank account at a local branch in Georgia and I had an employee’ at the bank give out my personal banking transactions to someone is this illegal?
Details: I have a personal banking account and a loan with a co-signer at this particular location. In Feb 2020 I received a large deposit into my bank account, once I received that deposit the employee (VP of Operations) at the bank called my co signer and told him of the deposit. Not only did he tell him of my deposit he also told my co-signer who I had wrote checks to and other banking transactions; is this breach of contract? I was not behind on my loan, in fact I am set on auto-pay and never missed a payment or been late.
I am so embarrassed by this and I feel like I have been deceived!! It’s hard for me to walk into the bank now as I am so upset by what happened. This is really weighing on me and I just want to know my rights.
Any help is appreciated!! Thanks
i live in california can i sue a private party for selling me a car that he knew had problems and refused to be honest even when I asked him plenty of times if there was anything wrong with the car and he assured me therr wasnt?I have proof that there is and has been a issue with the car for a predetermined amount of time.So he had to have known about if the car he sold me was giving me problems 2 days after buying it from him,there’s no way he didnt have the same issues as I am with it.And he ignores my calls texts and everything.
I am needing some advice on a situation that happened to me that has really affected my life.
I am in a small town and bank with a small local bank. I needed a $5000 loan and a co-signer (guarantor), so I have my boss co-signer for the loan (he insisted). I make my payments monthly they are automatically drafted from my account at the same bank, so I have never been late or missed a payment.
When I received a large deposit of my own money into my account the bank Vice President called my co-signer told them the amount of my deposit, how much I drew out of my account, and who I had been writing checks too. He told him everything, which has nothing to do with the loan!! My boss called to ask me about how I had spent my money, my deposits, and ask me about all of my transactions I was shocked!! No one should know how and when I spend my money.!! Now that I found all of this out I am really bothered and embarrassed. I can’t believe the VP of my bank is going around telling my financial business!!
My boss is going around telling everyone about the loan and how I spend my money. He actually told my other boss who is now asking me about it!!
I am in the state of Georgia and I would think there is some sort of law against this. I am embarrassed and I feel betrayed by a financial institution.
Please let me know what can be done if anything??? I appreciate your help!!
I work for myself doing landscape jobs
I ran across a guy who wanted to trade a car for some work
My friend and I worked at this guys house for well over a month
I made up a barter agreement giving him a copy and making a copy for myself
The agreement was basically so i didnt do a bunch of work and then not get paid!
When finishing up w/the job i asked for the keys to the car (which is what we bartered) the guy then offers up a nicer car if ill go over to his friends house who needs some landscaping done also. He owes his friend $2000 and any work i do there will be towards the newer car. I agree. Do the work. His friend gives me the keys to the car says thank you and we discuss more work he wanted done. Only the car isnt registere, there is $800 in back fees and also there are no plates on the car.
My partner who is 64yrs old falls ill. I pick up another job out of town. (1 that pays cash)
I inform the first guy that my partner has been ill and until he is better cant do any more work at his house not only that i am currently working out of town. 2 days later the guy sends me a text saying he wants the car back and that it has been reported stolen! I did the work! He gave me the keys! Only he told me he was still looking for the title! What can I do?
Melissa Gold says
Hi, Alicia. This sounds like a complicated situation because there are a lot of people involved and several oral contracts. An oral agreement is enforceable (meaning, it’s valid) but it can be hard to prove. There is a concept called the “Statute of Frauds” that requires that certain kinds of contracts need to be in writing in order to be enforceable. One of them is the sale of goods worth more than $500. I realize this is more of a trade or barter than a sale, but a car changing hands is the type of transaction that should be put in writing (for a variety of reasons). It sounds as though the first agreement was in writing, but the subsequent agreements (for additional jobs and additional work) were not. Also, if you’re going to accept ownership of a car, you should be responsible for ensuring that it’s registered, there are no liens (i.e. no one owes money on it), it has correct plates, etc. Car ownership is highly regulated by your state’s department of motor vehicles; you need to make sure that if you possess (or believe you own) a car, you have the correct registration, plates, etc. You’d be the person responsible for all of that for any vehicle you own.
Right now, you might wish to consider returning the car in order to avoid any further trouble (and get proof, like a signed letter from the recipient, that it was returned). Or, if you believe you’re entitled to keep the car, you should find legal assistance to help you prove that you are the rightful owner (and make sure you get it properly registered with the DMV).
I have a question if someone can please help me.
Ian Pisarcik says
Feel free to ask the question here in the comments and we’ll try to help. If you think you need to meet with an attorney, you can find one using our free directory: https://www.enjuris.com/directory/
Charlie Brown says
I lived an took care an paid mortgage payment for 16years for my mom and had house down to 10,000 left to be paid on so I done $20,000 of up grades plumbing to drywall new deck gravel drive an much more then she put it for sale I put mechanics lien on home I want the #20;000 I put in it now my cousin came from no where an took it all over havent saw or heard from her in 15 years either one of us had now she told my mom that I was a tenant and there evicted me and my wife so now I wasn’t a son taking care of property and her I was just a tenant and I want to sue for the $20,000 back is this possible and can I win it I done let judge wave my mech lien but they had to put #20,000 cash in to the clerk’s office in cash please tell us some good news thank you
Hello, I bought a new product of Huda Beauty
Their Mascara Legit Lashes. They said my eyelashes will be super long and curled. So I wanted to see for myself. I used 2 different mascaras on my eyes. And 2 days later I am still in pain. My right eye gives me the burning sensation and it feels almost like I have something in it. It swelled and at first I thought maybe I really had a dirty hands or something but nope, I ordered my Mascara with their tester for my friend. She has same issues on both eyes. It’s been 2 days since I had it and it haven’t stopped hurting. Not sure what to do. I posted picture on Instagram the day I have received it and tried 2 mascaras. And today I posted the one where my eye is swollen. The one that had Huda product on it. Both tagged. Not sure what to do. I contacted their customers support and still wait for the reply
Melissa Gold says
Hi, Alice. I’m so sorry that happened! I think the first think you should do is visit a doctor. Your eyes are fragile and you don’t want to suffer any permanent damage or vision loss. Let the doctor know that you think the condition could be linked to the mascara. If possible, bring the packaging with you to the doctor or try to find a list of ingredients online so that you can show the doctor exactly what’s in the product.
If the doctor agrees that the condition could’ve been caused by something related to an ingredient or bacteria in the makeup, call the manufacturer again or send an email to express your complaint. If the manufacturer is unresponsive, you can call the retailer where you purchased the product.
If the damage to your eyes is significant or long-lasting and you wish to file a lawsuit, you can consult a products liability lawyer (which is part of personal injury law). In order to make a legal claim, you’d need to be able to prove that the mascara caused the condition and that the condition cost you money because it requires significant treatment. If you need to find an attorney, you can start with the Enjuris law firm directory. I hope you feel better soon!
Ian Pisarcik says
Please see your eye doctor as soon as possible. It’s important to address any infections or other issues that could lead to long-term or even permanent issues. Once you’ve visited your doctor, you might consider meeting with a product liability attorney. Most initial consultations are free, and an attorney can tell you whether you have a claim against the manufacturer.
Thank you everyone for your feedback. I have another very urgent question, manufacturer wants their product back but my eye is still swollen. Doctor is awaiting for the results. Should I gave it back to them. DHL will be tomorrow at 2 pm at my door to collect their product. Bug if I gave it back, can they change what was sent to me and than claim that if wasnt their product who caused the allergic reaction? Or should I keep it if I need evidence. I ordered 2 the same products one regular product and one tester. I am thinking to keep the tester. It already costed me around 200 without adding the product itself and its not over yet I’m afraid ;/
Ian Pisarcik says
Sorry for the late response. If you haven’t sent the product back yet, I would recommend holding onto it. If you did send it back, your lawyer will still be able to gather evidence to support your claim.
The property owner in front of me built a 2 story house that blocks nearly all of my veiw of the lake.I never recieved any notification and the value of my property has went down considerably. I am a permanent resident and the builder is not. He has a home in the city and is only on the lake weekends . What can I do ?
Melissa Gold says
Hi, Anne. I’m sorry to hear that — I’m sure it affects not just the value, but also your enjoyment of your property. The first thing you could do is call the town or city offices and find out if the person violated any ordinances or codes when building the house. In some municipalities, a property owner is required to provide notice and get acknowledgment from neighbors before making a significant change to the property. Unfortunately, if the home is already built, there’s probably not much you can do to get your view back. But if they violated any ordinances, codes, or local laws, you might be able to have them held responsible for those violations.
Ian Pisarcik says
I’m sorry this happened to you.
Whether or not you can take any action depends on (a) whether you and your neighbor live in the same homeowners association (in which case, there might be a “covenant” prohibiting your neighbor from building a 2-story home), (b) whether you have a recorded property right against your neighbor (usually an “easement”) limiting the height of your neighbors house, or (c) whether the town/city has an ordinance protecting your view.
You can determine the answers to these questions by looking at your property documents or talking to an attorney in your area.
Thomas Clarence says
You made an interesting point when you talked about how it is a good idea to be objective when you are looking to sue someone. Would it be a good idea to hire a process server when you are looking to file a lawsuit against someone? It seems like it would be important to do this so that you can make sure that the other person is aware of the legal action that is being made against them.
Ian Pisarcik says
Thank you for the comment. All states require that plaintiffs serve defendants with copies of the Summons and Complaint. Hiring a reputable process server is a good way to ensure that service is done properly.
Terence W. Carr says
Today, notification of complaint can be done by email if you have the correct address for the recipient. Otherwise you need to confirm mail notification via certified mail . A process server may not be cost effective due to their cost and time of day that they serve, or if repeat calls are needed for service.
Jennifer Moore says
I was rear ended by someone who had been drinking. The eye witness asked the man who hit me if he had been drinking because he smelled like alcohol. The man who hit me said yes he had been drinking. The police didn’t show up for 2 hours so there are no tickets or anything proving that he was drunk, and now my 2019 mazada that I’ve only had for 11 months, is totaled. The car cost 22,000.00 I owe 14,000.00 and the insurance is giving me 17,000.00. I’ll have to pay the car off and then the 5,000.00 dollars I paid on it and the car itself will be gone for ever. Can I sue the man who hit me?
Melissa Gold says
Hi, Jennifer. I’m sorry you’re in this situation. The car’s fair market value is what it was worth the instant before the accident happened. If you still owe more than the car is worth, the insurance company will pay you the actual cash value. The insurance company might pay the settlement to your lender, or it might come to you and you would pay it to your lender. But you are still responsible for paying the balance of the loan unless you have gap insurance. Gap insurance would usually cover the difference between the cash value and what you owe. However, it won’t provide you any money to purchase a new car. Unfortunately, you’re on your own for that.
As far as a lawsuit against the drunk driver, you should speak with a lawyer about that. If there’s no police report and no other evidence besides the word of the one eye witness, it might be hard to prove. But if you’re considering it, a lawyer can help you review your options. Enjuris has a lawyer directory that can help you find someone who can work on your case.
Jamie Reich says
I hired a company to do some dirt work in my back yard. They were to taper the yard away from the house and install french drains at the bottom of the hill in the back of the yard.
They did install the drains and they would work great IF the yard were higher than the drains. The center of the yard is like a bowl and hold the water as it is lower and not tapered. Also, the drains themselves are showing through the dirt as the whole problem is that they did not bring in enough to begin with. So I called and they sent some guys out to “fix” it. Well now its worse. Now it almost comes into the back door if it rains for very long.
I have called, texted, sent emails to no avail. I have pictures, dates and videos from all the times it has rained and how bad the yard is. It now stays swampy and damp all the time. Is there a statute of limitations on this kind of issue if I try and take him to small claims court? Would I even have a leg to stand on?
Thank you for your time.
Melissa Gold says
Hi, Jamie. Thank you for sharing your story. If you have evidence that the company made your condition worse (or that you paid them to fix an issue and they didn’t do what they agreed to), you might have a case for small claims court. You’d want to see what the maximum amount for a small claims court action is in your state (you can check that out here: Small Claims Court: When You Can File a Lawsuit For Damages).
You’re doing the right thing by keeping photos, videos, dates and other information as evidence. That will help you in small claims court. The statute of limitations depends on what state you’re in, but it’s always best to act as quickly as possible. You also need to present the court with a demand — i.e. how much you’re asking for in damages. You might want to get some quotes from other companies that do the same type of work to see what it would cost to get the situation fixed and that amount might be an appropriate demand.
I bought an SUV in 2018 with my ex. The vehicle and is under my name. My ex put in $8000 down at the dealership. Because she had bad to little credit, the dealership used my credit score. Currently she is making payments to the vehicle. I would like to transfer title and will require her to get a loan for the vehicle so that it won’t affect my credit score. I have also paid for auto insurance for the past 12 months. I am tired of paying that. She owes me approx $1200 for auto insurance and $400 for collection fees. What should I do?
Ian Pisarcik says
If the title and loan are in your name, you are technically responsible for making the payments (even if she has agreed to make them). You’ll need to talk to the bank/dealership about having the financial agreements put in her name. Generally, this involves a separate contract, so she’ll have to agree to the arrangement.
I own a house in FL and have savings and current bank accounts. If I get sued successfully by my ex-employer (I was their General Manager overseas), what can the court recover from me? What do I need to do now to prepare besides seeking legal advice?
Ian Pisarcik says
I would recommend talking to a Florida attorney to get advice on what you can do to protect your assets. In general, plaintiffs who obtain successful judgments can garnish a certain percentage (set by the state) of your wages. Plaintiffs can also put a lean on your home. However, there is something called a “homestead exemption” that protects your home up to a certain amount.
I went to a mechanic shop to rebuild a motor and the guy from the start started the engine and blue smoke cane out ever since the car has been in and out of mechanics place videos have been taken of the truck multiple times being towed the owner never wanting to give me a receipt for his work when he finally did it the truck again came out the shop lasted 2hrs and broke down again. This time mechanic said motor didn’t work and his not paying us for his work which from the start wasn’t done correct and his held the truck without us taking it out because he blocks it off with other cars. What can I do I’ve sent a letter from court with a claim 10 days past but no reply
hello im a model and my best friend was convinced to use turo for a photographer who then crashed the car he rented under her name and he doesnt want to pay for the damages. she has evidence that he crashed it and that he was driving. he flew her out to las vegas with another model who was there when this photographer yelled in her face and made her have a panic attack, he refused to bring the car back and posted pictures of the car when the owner told him he couldnt do so. this all happened in las vegas but we live in florida. could she sue for the emotional abuse and for getting her banned from turo.
Claudia m says
My husband and his brother had a company in Texas. In 2015 the company was disolved and they split the machinery, clients etc, however they had purchased a lot where they were panning to build a shop and they were never able to do so. His brother was in charge of selling the property that was under the llc name and he recently sold the property and didn’t let us know and it looks like he wants to keep the money. At the beginning of this year he requested tax payment from us and we sent jinn 4000 usd to pay our part of taxes. If they refuse to give us our part what will be the steps to follow. Please help
Good day in urgent need of help I have ordered a few items from a shop that has an online store
I was told after paying my order will take 10 days to be made and there after i can collect my order it’s been 25days I had recently visited the store still no product. I have been sending a message asking for feedback everyday ever since and still nothing
I’m in South Africa and wanted to know if ii can sue this clothing company
I have a friend that was very insistent and pushing me to move into his 2nd home of which nobody lived.I was having some legal issues from 15 years ago he said he would help with if I moved there.after my legal issues were dealt with I tried to go home to my house I had for five years.he insisted that my home was in a bad neighborhood and that my vehicles were junk.he had me give up my home and vehicles to a neighbor and promised to buy me another vehicle and a house.we got into an arguement and he is now trying to throw me on the streets with nothing..can I hold him accountable for his words and making me leave everything I had.??I also worked for him and was pretty much his personal on call handyman maid
I was planning to meet someone for a date that was out of town. I paid for an airplane ticket ($250); my date paid me for half of it. Also, my date paid for an AirBnB, which I did not pay any of ($300). I changed my mind about meeting him and now he is threatening to sue via small claims. No official contracts were made but I did mention, via email that I would pay him back.
Does this case have a leg to stand on?
Thanks in advance,
Ian Pisarcik says
The basic elements required to form a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
Based on the information you provided, it does not appear that you entered into a valid written or oral contract. Accordingly, I don’t see how your friend has a valid legal claim.
Ex bought house and was going to put my name on after closing. I have put 65k in the home and have proof of every receipt and now he has refused to put me on deed or pay me my money back. How can I sue him?
Ian Pisarcik says
It sounds like you entered into an oral contract with your ex and he has breached that contract.
I would recommend reaching out to an experienced attorney in your area. Most initial consultations are free.
he is right beside me says
somebody took my charger and never gave it back.
Ian Pisarcik says
I’m sorry this happened to you. When someone steals someone else’s property, the victim can notify the police (in which case the person may be charged with criminal theft). The victim can also file a civil suit (in which case the person can recover the fair market value of the stolen property).
Randy Whited says
I rented a car for my wife from dollar car rental. I paid upfront for two weeks. She was 1000 miles from home. She lost the key and called them, they came and towed the car three days before her flight, leaving her in tennis shoe mode. And charged an additional 498.00 for the lost key. She asked them at the desk inside the Akron Canton Airport about a car and was told she was “out of luck”! I believe they totally took advantage of an older woman traveling alone and think they should knock the three days off the invoice and not charge for the key at the very least. I hope this is not the way the whole company works. Preying on older folks.
I had a roommate, we both signed the lease, a two year lease. After 3 months he left for rehab, he continued to pay rent for an additional 6 months before he moved out. This left me holding responsibility for an additional 15 months of rent. I came to an agreement with the landlord and was able to move out 5 months before the end of the lease. This meant I paid 10 months worth of rent alone. Upon moving out I also lost my portion of the security deposit as well as some other expenses. Since leaving he has been in the wind so to speak, I have repeatedly tried to contact him and his family and ask to be reimbursed with no avail. Do I have a case to sue him for at least the money lost on the lease and security deposit as they are signed contracts?
Linda Mcgrath says
I was assaulted by an ex freind he was found guilty in court though i was not injured i had to leave the state and a good job to get away from him can i sue him for this
Ian Pisarcik says
In Washington, you can recover both economic and non-economic damages. Economic damages are the monetary losses caused by an injury (medical expenses, etc.). Non-economic damages are the non-monetary losses caused by an injury (mental anguish, etc.). It doesn’t sound like you suffered any economic damages, but you likely suffered non-economic damages.
So to answer your question: Yes, you can file a civil lawsuit against your friend for assault. Whether or not leaving your job is considered a direct cause of the assault is a question for the jury.
Had a contract and closing set for my house. Buyers requested a roof inspection and a roof guarantee. Long story short the first inspection came in was going to provide what was requested and then due to some errors in the paperwork the buyers wanted a second inspection. At this time we were within 7 days of closing and in prime season. A roofer came out and insisted that the roof had hail damage that needed repair. Turned it into the insurance company. They sent in 2 different adjusters and an engineer and the insurance company said no damage. This roofer kept on insisting that this insurance company was not being accurate. We were on closing and I did agree at that time based on this roofers information that we would hold out money for a roof replacement. In getting other roof quotes, 2 other roofers stated that the roof was not needing replacement but since it was already written into the closing contracts, I was forced to replace a perfectly fine roof with a roofer stating he would certify it for 5 years. Can i sue the roofer that was insisting that the roof was needing replacement when further evidence would suggest that he was wrong in his assessment?
Rose D. says
I loaned money to a friend (10K) for his business for a period of 8 months. Every time he said he would pay me back. The last time in March he said he would pay me by May part of the money. I asked him to start payment on March 31st, 2020. In June, I asked him to give me a plan of how he was going to pay me back. He did not respond. In July, I discovered that he had blocked me. I sent him several messages through different phone numbers, and he did not respond. Then I made him unblock me in September, by telling one of his family members the situation. I called him dishonest, disloyal, and a thief. Then this individual got mad at me and played the victim. To this day, I have not received a single dime. I’ve been contacting him, to pay me back. And now, he just doesn’t respond. All of this information is by text messaging. What can I do?
Melissa Gold says
Hello, Rose. I’m sorry you’re in this predicament. I hope that you have a written record of the loan because that can help you. In Pennsylvania, you can file a claim in small claims court for up to $12,000. If you’ve tried repeatedly to get the money back (and it was clear at the time that it was a loan and not a gift), you could pursue payment through small claims court. The benefit to small claims court is that you don’t need a lawyer and usually filing fees are minimal.
Print two copies of any correspondence you have… texts, emails, any agreements you signed, etc. Unfortunately, your word against his likely won’t win a claim, but texts, copies of checks, a contract, and other correspondence might help. Best of luck.
I’m going to preface this- I am in an abusive relationship and my ex is now threatening to sue me for damages that occurred while we were fighting. He is blaming me entirely for everything and I feel I am not at fault.
The first incident occurred while I was going out on a run, my ex boyfriend found me and forced me to get in his car with him against my will. He punched me in the arm and in the face and was holding my hair down on the center consul and then took my cell phone away from me and told me he’d thrown it out the window. I was visibly upset and begged him ti let me out He wouldn’t let me get out of the car and then he took me to a remote location where he told me “women like me in creeks like this” basically insinuating that I was lucky he wasn’t going to kill me.
Once he started driving again, we started fighting because he wouldn’t take me home and then he started hitting me with a mason jar with a smoothie in it so I took it away from him and put it on the ground so he couldn’t hit me anymore. And then he demanded I put it back in his hand or I was “going to pay.” So all emotional and terrified, I grabbed the mason jar and slammed it down in his hand and didn’t realize that he didn’t have the top screwed on and the drink splattered everywhere inside his car.. on the wall, on the window, all over his stereo and both of us. He picked up some of the smoothie and slapped me in the face and then held me hair down again and hit me. The drink got behind his car stereo and it started smoking and smelled like burning and the car stereo started to malfunction.
He was obviously upset and at that point started to get more aggressive, and I was begging him to let me out if the car so I tried to open up the door so he’d stop and was leaning towards the door so he’d not be able to reach me so he’d stop pulling my hair and hurting me. I helped him clean up the car but he made me go to a remote parking lot with him and made me stay the night with him or he wouldn’t return my phone.
later that week, he called up a stereo repair guy and he he told him to get a new one and he’d install it. The guy recommended a $200-400 stereo to replace the 5-10 year old stereo that was in his car. He decided instead that he was going to get a wide screen touch screen radio system with apple connect and all features you could possibly ever want- almost like an extension of the iPhone. It was also the most expensive one he could find- $1200. He said that was the equivalent of the one he had before bc it cost the sand as he originally paid for it even though it was 3x the size and touchscreen when the old one was not.
He also said that from leaning on his car door with it open broke his car door and cost him $400 to fix.. and a month later another incident happened where he hit me in the face when he was driving and I told him to stop the car and let me out. And when I opened up the car door and put my leg to get out, he pushed me out and then sped away.. the door hit and bounced off my leg and cut my leg, flung open and then slammed shut as he drove away.
Now, 2-3 months later, we are finally both in agreement that we are breaking up. He is telling me that I owe him $1500 in damages and threatening me to call the police and get me arrested and sue me for damages that “I caused.” Is this something he could do? I offered to pay him for half since I had a role in the things getting broken bu to i I do not feel I was responsible for damaging these things had he just let me out of the car. I don’t have $1500 to pay him. Can you please help.
My school isn’t allowing anyone in ANY bathrooms anymore. Someone I know bled through their pants because they weren’t allowed to go to the bathroom. I peed my pants in the middle of class because I wasn’t allowed to go. It was embarrassing and painful. Isn’t it in my rights to be allowed to go to the bathroom?
A restaurant has an outdoor beer garden 100 ft from our backyard who has live music every weekend Fri 6 pm – 9 pm, Sat same, Sun 3 pm – 6 pm. They have an alcohol license which has restrictions on noise level and type of entertainment allowed. They violate these restrictions every time. (Acoustic guitar Allowed only and noise is not to transmit beyond their property line) We have complained by phone and by letter with no response and no change in behavior. Their noise level has been measured at 75 db at 50 ft. Our county noise regulation is 85 db @ 50 ft.
My checking account was recently compromised. (ie: routing # & account #). So far, at least two major institutions that issue credit cards have allowed phone payments to be made to several credit card accounts that are not mine. In speaking with the fraud division of one of those institutions I learned that there are no account confirmations required to accept a phone payment from the paying account. In other words as long as the credit card holder has a routing number and an account number they can make a payment on their credit cards without proof of owning the account that the funds are being transferred from.
My bank is doing all the right things to solve this, but now my account is frozen, my funds locked up in processing to a new replacement account and I have to get all my Direct deposit sources changed over. process that can take up to 90 days. Do I have recourse against the institutions that allowed my account to be used for payments without them confirming ownership of that account?
Levi Armstrong says
Jennifer, I agree with what you said that before suing someone, you should be objective and examine your case without any bias to determine if you have a good legal case. My mom plans to sue our neighbor, so she’s starting to look for a civil litigation attorney. I’ll share what you said with her and tell her to consult with a lawyer first before doing anything. Thanks.
Ian Pisarcik says
I’m glad you found the article helpful!
The Music First says
Thank you for your extremely helpful website and information!
For over a year now, one of my music distributors, Ditto Music Inc., has refused me access to my account. It was a simple process of signing up for free and giving them a small percentage of earnings from online streaming services like Spotify and Apple Music. They owe me around $500 and without access to my account (I own the entire rights to my music and am affiliated with BMI Music, the largest rights rganization in the US) I cannot receive funds, check on the status of my music and obtain the ISRC codes. I opened a case with the BBB and after, again, almost a year, they have only responded with short replies that were vague and, in my opinion, delaying and deflecting actions. I am considering suing them for the amount owed and for punitive damages because it all has caused me great physical and emotional damage. I would greatly appreciate your kind assistance in the direction that you would suggest that I pursue. Thank you in advance for you kind attention.
My husband was involved in an accident at our apartment complex. The opposing person was on the phone and crashed the back door of the car. We have made a claim and personal statement to his insurance but they say they can not give us money or a liability confirmation because the opposing person has not made his statement. We did not call the cops that day so there is no report and I am looking to sue because an officer recommended I take it into a civil matter since he is not being responsive to insurance. What paperwork’s or process should I expect? Can I really sue him?
Melissa Gold says
Hi, Elizabeth. I’m sorry you’re facing this situation. Yes, if your insurance company doesn’t intend to cover the full extent of damages that you believe you’re entitled to receive, you can file a personal injury lawsuit against the person who is at fault for the accident.
Depending on the amount of damages, it might make sense to file a lawsuit in small claims court. In Texas, a small claims court action is one that demands $10,000 or less in damages.
If the damages are more than that amount, you’d need to file a personal injury lawsuit to recover costs. If you go this route, you want to look for a Texas lawyer to represent your interests. Bear in mind that not having a police report might work against you. Regardless of how the accident happened, any type of legal claim would rely on evidence. There are other types of evidence, like witness statements, security footage, etc. but you would want to know ahead of time how you’re going to prove that the other driver caused the damage. A lawyer can review your evidence, help you determine what will be relevant and helpful, and work with you through the process of filing a lawsuit. Best of luck.
The EX got me, too says
I bought a home with a significant other. The relationship ended and they continued to live in the home. 10 years pass and I found out they stopped paying the mortgage and moved out. It was sold via Sheriff sale and the mortgage company sent me a 1099-C (cancellation of debt). I now owe $40k in income taxes because I was listed as Primary on the mortgage. Is there a way to share the tax burden with the co-owner? Do I have a valid reason to file a lawsuit for $20k?
Great Article. I’m an independent contractor, a licensed hairdresser, & have been for 18 years. 2 years ago, a new owner bought the salon I rented at and everything went down hill from there. I had been there for 9 years at the point it was sold, and had always paid my rent on time & gotten along with everyone who worked there. Up until it was sold, I never had an issue. I reached out to the salon owner on a Sunday night & put in my 1 month notice to move salons. The one month wasn’t required, but a courtesy. On the Wednesday following our call, the new owner called me to inform me that I was no longer welcome there & that she had locked me out of the salon with ZERO notice. Her boyfriend & her, wire cut my cabinet lock, loaded up my things in boxes and dropped them on my porch. Everything was a mess & just thrown in the boxes. After that, she went onto slander my name within our industry & our community. She told many lies about me, stopped me from being hired at several other salons. Even one salon had already hired me & ordered me business cards, but told me after they spoke with her, they couldn’t let me come there. She completely ruined my career & reputation in the process of her smear campaign on me. I can no longer be a stylist in my home state because she’s ruined me. I’m currently working in another state, managing a salon because I lost all of my clients by not being able to rent a space in any salon without my ex salon owner calling and sabotaging it. This has been the most devastating thing that’s ever happened to me. I worked for 18 years building my clientele and reputation and she took it all from me & my family. I’ll never quite understand why and how anyone could purposely ruin someone else’s life on purpose. She new that her actions & comments would cost me my career, but that was her plan. During our talk about me leaving her salon, she had told me that she would ruin me. I just never thought she’d really do it. The amount of shame, embarrassment, sadness, depression & fear I’ve experienced in the last 3 years since I left, has been excruciating and I wouldn’t wish it on my worst enemy.
Liz V says
My sister in law made a false police report that I intentionally scratched her brother but It was an accident and I was arrested and booked under a domestic violence assault and spent 3 horrible days in custody that caused me ptsd and I was later released because the case was Rejected and the reason says DA REJECT per 849.5 PC A DETENTION ONLY. I didn’t receive a certificate of detention and I would like to know if I can sue for emotional distress it has caused me.
I owned a small business in Clinton, MD. One night someone plowed into the front of my store. The accident happened just past midnight. The next day I arrived to find the front of my store crushed in and boarded up with a note from the county in the window that stated that the structure was deemed unsafe and anyone entering would be fined $1,000 a day. I called the police precinct who supplied me with the police report that showed the information for the driver as well as the owner of the vehicle. I tried to contact the owner. She was not at home but I spoke with her mother and brother. They called her and she pretended that she had sold her car and didn’t have the information for the man that she had sold it to. Next I went to the mans home…well at least the address that he gave the police officer. The address belonged to his aunt and she told me he did not live there. I had left my number with the owners family so that she could call me when she got home but she never called. I tried to contact the insurance information and discovered that the information given to the offcers was fraudlent. There was no such policy number. I went to the police precinct and the officer who was on duty that night told me that they were playing games and that I should sue them. He said that she was actually the guys girlfriend and she was in the car when the car hit the store and that she was the one who gave him the false insurance information. The tags on the car were hers and the car was still registered to her. At the end of the day they drove into my store, tore it up and due to COVID the county is slow with repairs and it has been boarded up ever since September 2020. I had to close my store this weekend. That store is how I make my living so I am devestated and it is unfair to allow someone to tear up my store and walk away free. I need them to pay for what they did. I need to find out how to file my claim in. It is well over $5,000 for all of the damages (approximately $80,000 in damage and lost wages) so I know I cannot file in Small Claims Court. Can you please point me in the right direction? I need help.
I have a neighbor who has been harassing me. He has been yelling ,cursing, and has been exposed himself to me.He has followed me and my handicapped client around the block harassing us on our morning walk. He has harrassed me to the point that I ended up in the hospital with my blood pressure @ 222/130. I spent 3days in the hospital with having tests done. I now have a hospital bill over 31000.00 because of him. Can I sue him for the cost of my medical bills?
Ian Pisarcik says
I’m sorry this happened to you.
There are two legal theories under which you may be able to sue your neighbor:
(1) Sexual harassment, or
(2) Intentional infliction of emotional distress
I would recommend meeting with a Texas personal injury attorney near you. You can find one using our free online directory. Most initial consultations are free and the attorney will be able to discuss which option is best for you.
This was pretty good information. As an alienated dad, I paid and paid and paid, then liquidated all I owned and paid some more to lawyers to accomplish less than a 5’ tall, 1 armed, 1 legged man in the NBA. For the last year and a half I’ve been studying law Abraham Lincoln style and representing myself as a pro se litigant. Believe it or not, I have gotten to where I can write motions, petitions, modifications and present a case as well as my opponent, who is a 20 year professional. Not because I’m that good and she sucks, but because my case is that strong and hers is that weak. She used all kinds of tricky lawyer tactics to knock me down, but I just never gave up. Now that it’s almost over and I’m (I believe) fixin to win, I paid a modest retainer to a lawyer to accomplish a task I can’t do.
I like to use this analogy. It’s like I went toe to toe with a boxer for 11 rounds and in the final round I sent in a fresh boxer to deliver the final blow.
Now, I’m suing my adversary for the cost of my attorney. This may be my biggest task yet, but I truly believe I’ve got a solid case. My list of exhibits will go to EE, when I’m done. That alone should make it too expensive for a lawyer to handle…. So, pretty much it’ll be just her and I in the courtroom. So, I appreciate the information provided here. I’m definitely going back over it a few times and draft a map for a success.
James Welty says
Hi My name is James, I recently was painting a house for a friend and before I finished He told me to stop and get off his property, He never called me back to finish the job, I didn’t get fully paid for my services, It was an oral agreement, He paid me for the materials for the job, But had not paid me for any labor, I have saved every receipt that I have for Materials and even have a copy of my bid on the job, He also told me that he would pay me while I was still painting for him, That he has decided to only pay me $4,100 when I was done. Well, he didn’t let me finish the job and told me that “Your fired”, still hasn’t paid me for labor and I worked well over 200 hours , 3 to 4 hours a day 5 days a week and started on October 26,2020 and fired me on April 21,2021 I was to take my time, There was not any time limit to finish by, In fact was told to take my time, That I was doing a fine job, Until it got close to almost finishing the job, Then he told me to stop and That I am fired, What rights do I have ? Is he obligated to pay me even though I didn’t get to finish ? Please can someone help me, I am in California and So was the job, Thanks
When me and my ex got divorced, we made a verbal agreement (which I recorded) that he would pay me around $5,500 for the vehicle we purchased together and he would keep the vehicle. The agreement was supposed to be in the final divorce paperwork, but was left out, so we decided to deal with it ourselves. I gave him one year to make sure the payment wouldn’t affect him financially and he’s since cut off all communication and refused to pay. I don’t know where he’s living, but can probably find him. The title may be in his name alone now, but I’m not sure. Either way, the divorce paperwork does specify he gets the car but does not include our agreement for him to pay for it. Am I out of luck here? Would the verbal contact hold up in court?
I bought a puppy and they told me it was only going to ge $3,500 no fees or Intrest at all. And it will only be 80$ a month. Soon to find out they put me through two different finance companies and they’re charging me $400 a month and adding a extra $5,000 for fees and intrest, it’s call Monterey finance which says they’re a scam company but they put us on a contract with them and screwed us over. She didn’t go over the contract with me and just told me to sign because everything she said was true. And now they said they can’t help me with anything and I’m stuck with $5,800 extra from the $3,500 for a puppy. So almost $10,000 for a dog when I was told $3,500 which is insane and I know other people who have been screw over and lied to by them as well. What can I do because there’s no way I can afford $400 a month and no way I’ll pay a extra $5,800 to a scam company they signed me too without telling me. It’s on the contract but they just said I don’t have to pay them I only pay easy pay but they ended up lying and charging me. It shows in my emails there wasn’t time and they rushed me to sign the documents, what can I do to create a lawsuit against this?
I own a small alarm company in Missouri I used a monitoring station out of Syracuse New York for I company and I’ve had issues with these people before but I’m always went ahead and just paid this time in December I made an update to my account list and when I did I turned it in and I’ve got the confirmation back email from them saying I was going to be taken care of well now 5 months 6 months into it this year I’m getting told that I’m being charged additional fees and all kind of stuff late charges when I go back and point it out to them that the accounting department has missed the fact that these counts have been deleted they have sent out letters to my customers informing them that they were going to be turning business with me because of lack of payment that’s for a security company that causes question and doubt and people would be scared if they hear that kind of stuff and their alarm company is raining coming trying to get my business going and with them sending out these letters twice they’ve killed my business or what potential I had is there anything I can do about this I have everything document ated they want me to sign a new contract which puts him then in the clear which I won’t sign not leave until I hear from
I was given a Red Light Violation ticket from the City. The company that I have leased a vehicle with in the past, fraudulently signed my name into another leased contract and turned it into the city to have that ticket assigned to me. I have tried reaching out to have him fix this but he refuses. I am afraid he will do it over and over, if I do not do something about this.
Ian Pisarcik says
I’m sorry this happened to you. I would recommend contacting the police. You can find the contact information here. In addition, you might consider suing the company in small claims court for the damages (i.e., the cost of the ticket). This will have the added benefit of discouraging the company from attempting to commit fraud again.
Haridwar Rajshri says
I gave my car to Kwik Kar thrice for the same engine overheat issue.
They have diagnosed with pressure test which was good, replaced thermostat, oxygen sensor, did severe pump flush, check radiator.
They say they kept the engine on and did drive test the entire day but every time it breaks down right after 15 mins or 6 miles of driving. I have tow it or driven back to auto care the same day or next day and every time they said they are going get it fixed.
On asking, why this was not found in the 2 time diagnosis, their response is, its like human body , you keep going to doctor unless you find the exact issue. What kind of argument is this, they are just giving me new bills every time.
Now they are asking me replace head gasket worth $4700 with labor
I have paid around $1800 till now, the car is in the same state as it was the first day. Can I sue them here ?
My relative passed away where some of my father’s and my personal property was being used and stored by the descent relative. The daughter stated that I could not come onto the property to retrieve the items without her permission. She would not answer text, email or phone calls. Contacted the Estate Executor by email, text and phone calls who would not return communications. The daughter has now sold the items that belonged to my father and myself in the approximate appraised value of $180,000. What can be done?
Your blog has provided useful information for the work. All the tips in the post are great. Thanks for sharing. keep blogging.
Ian Pisarcik says
I’m glad you found the blog helpful. Thanks for the comment!
Victoria Law says
I have paid over $140,000 in attorney and legal fees to go to a 5-day trial seeking a permanent restraining order. I had a temporary restraining order for about six months. The judges ruling was inconsistent with what I had declared and testified to. My infant daughter and I were abused by this man and he now has unsupervised time with her. My legal counsel did not do well and was convinced we would win, I provided evidence and witnesses that could testify and she didn’t use any of that. Can I sue the legal counsel on malpractice? Also, the judge allowed harassment multiple times within the court room of which I have all the transcripts of. Who can I sue or complain to about this? My daughter and I have suffered so much over the past year. She was only 10-days when the incident occurred and during the pandemic. It has been a nightmare and ongoing as I constantly worry about her safety. He lied in court and so did his mom, sister and a friend. I have proof of this in writing also.
Jessica C, Ortiz says
I am from New York and Someone who I thought was a friend is advertising a Forex mentor who works for a company. I reached out on August 2, 2021 and sent $600 to start my Forex exchange, Freda than said my account got frozen from the Forex to send $1,200 for it to be unfrozen which I did on August 3,2021 than Freda said I had to send $1,550 for taxes/ insurance which friend confirm that she paid also, I sent $1,550 for taxes/insurance now Freda is asking for $1,650 for IRC which I did Not send. I asked for my money back before in the conversation she agreed but now that I’m asking for my $3,250 back she does not want to pay. I don’t know what to do and I’m upset about the whole situation.
Hi I had a friend of mine whom is like a dad just abandon me and my daughter and left me with evictions that he causes me and a car ote that we are suppose to be paying on together . I’m ready to sue him for abandonment and ask the judge to have him help pay off all the debt that was accrued by him. Now just know I’ve known this person since 1997. And his abandonment happened two almost three months ago. Am I able to go to the courts and air him for abandoning to help pay this debt and if deemed necessary are they able to garnish his wages for payment of debt? Thanks for the help.
If a broker, owner, flipper of a home and my paid agent never tells me she is the owner of home she never introduces herself and never discloses any latent defects in home and agents get their own inspectors without asking me if I would like to get my own? Inspector misses all of rotten frames and sills of windows covered in vinyl, and never says a word about stucco on each side walls of home that looks like a big truck ran through or never give me and ask me about anything have they broken the law. All front windows seals broken .Realtor brings in some people who put rubber in windows ,not fitting from end to end and claim they are fixed and they are not. Do I have any recourse? Had lawyer for 1-5 years .Lawyer .never talked to me about case .He asked me to tell the story about case the 1st meeting. I did. Never talked about it in 1.5 years, Never got any of the 2 inspector reports he claimed to be getting. Inspector told me he never got paid for the 1st one so I assumed when I saw him I would get one. He looked very nervous ,Never got it and he has disappeared .Gave lawyer $5000. in July 2021.He let statue run out on case and emailed me and said you have no case and I quit. No money returned when I ask him Via Email. .Do not care how much it costs none of these 3 will ever do this to someone else again. Need civil liberties lawyer to show this Ga town that the good old boy system needs to go .Anyone in ga area post it here if same has happened to you I will see.
Vincent e garibay says
I recently took some old cards baseball basketball football yugioh Pokémon and magic cards to a card shop in billings to be appraised. They told me that they would be able to sell then to a out of state buyer. We drew up a contract signed and left cards in there care. I never received phone call stating exactly what day buyer would be there on the 4th of August i find out that the buyer had left and didn’t purchase any of my cards allegedly and I was to come pick up my cards well long story short some of my cards were missing like Mickey mantle ty Cobb Roberto clemente but most of all my honus Wagner is gone and I recently seen one go up for auction on rea starting at 3.75 million I was hoping they wouldn’t screw me over like this but I had to file a police report and need a lawyer to get back my cards what/how do I move forward
Ian Pisarcik says
I’m sorry this happened to you.
You can find an attorney near you using our free online directory or by contacting the Wyoming State Bar. Most initial consultations with attorneys are free. When you meet with your attorney for the first time, be sure to bring a copy of the contract you signed and any proof that you left the missing cards with the card shop.
Tim K says
My sim number was swapped without me knowing. The person who did it was able to take control of my texts and notifications, change my password to my email. After getting control of my email they were able to gain access to my coin base account which had over $5200 in bitcoin and had my banking info which they withdrew $4700 from there also.
To gain access to coin base They changed my password. To change your coin base password you get a code via email. Once you get the email you can confirm it. You also get an email saying your password has changed. After that, since they logged in from a different device you receive an email to click on a box to authorize the new device. Once they did that they were in my coin base account withdrawing everything. I was logged in at home in Ohio when this took place, they logged me out and I couldn’t get back in. The new device confirmation coin base sent said was in a new location Dublin Ireland. I had no control of my email, my text, or my coin base account.
If they were not able to swap my sim card number none of this could have happened.
I contacted my mobile phone live chat and told them what happened and to see if my number was swapped. After giving him my numbers on my phone he would check them. He said they did not match what was on file.
Now Coin base is coming after me to recover the $4700 the bank took back. They said it’s not their fault what happened. I think they should know someone can’t be logged in ohio then a second later use a new device from Dublin Ireland. I would think everything should have come to a halt right there.
My question is, Can I hold the phone company liable for my losses plus punitive damages? Also should coin base be responsible for letting someone from another country log me out, change the password and log back in a minute later from another country knowing that this stuff is happening all the time.
Thank you in advance for any advice.
Dog ownership dispute
I’m not sure this is a case to sue I just want custody over my dog
My dog went missing and I was completely unaware and I returned. It’s only been 3 weeks from my understanding
His previous owners lived in Florida, they gave in the responsibility of taking care of him, they drove all the way from Florida to Georgia.
I was forced to leave the home I stayed at because I had an argument with someone at the household. I couldn’t take the dog because I had to temporarily stay at an apartment where a pet wasn’t on their lease, due to no payment of a pet deposit because they didn’t have any pets.. When I was welcomed back to the household I my dog was nowhere to be found. I searched the neighborhood l, asked a few walkers and I could let find him. I called shelters gave a description, I could let find him anywhere.
I was notified just recently by his previous owner that someone called and stated they found him, so she texted me if I was able to pick him up, I replied that I was.
I texted the founder she gave me the okay to get him, then the next day she told me she wasn’t going to do so. Her only claim was that she was told by one prior t that she could take care of him. I have a written and signed agreement that he was given to me to take care of. Wouldn’t paper rule over oral.
Then I tried explaining the situation but she ended up blocking my number as well as disregarding all contact lenses from clays previous relationships. Which is unjust and unfair. I agreed to pay for all if any veterinarian services but the founder is unwilling to negotiate so today I plan to mail her a document stating that she will have 5 days of some sort of negotiation as well as my dogs return to me.
What is the chance that I can win my dog back.
Tyler Durdin says
@Joshua A. Pruitt, how was you able to leave your car in Walmarts parking lot when you went to go get beat down by their employees if you don’t have your car because your “awesome friend” made it disappear and refuses to give you back your keys? You should be careful not to purger yourself in a very public forum before you start sueing random people as it looks like fraud, no matter if that’s the case or not, and will be detrimental to any legal action on your part and could even land you playing defendant in criminal proceedings. Is my thinking right or am I missing something and he doesn’t have anything to worry about when postings seem to infer that someone is trying to find anyone to target in a liable suit by sketchy inference of multiple parties while contradicting theirself? Just wondering. If this is a reasonable thing I might need to switch careers and start a con for the first time.
Rob P. says
I bought a house(2 acres) in Michigan, back in September of 2020. I was working on getting a survey done, due to questionable lines(it is expensive, so wasn’t a huge priority). There is/was an abandoned, barely livable house to the north, potentially built on my property. I talked to the owner of that house and he told me it was surveyed, because he had a “nasty and wicked” relative, who gave one of the old property owners, a very hard time about these said lines and that is how the stakes, he was pointing too, came to be. A few months back, a family showed up, claiming they bought it and were moving in. Only to find out, they are family to the owner I originally spoke to. They have been extremely nasty, vile, disruptive, threating and will not communicate on any sort of adult level. The family is seemingly friends with the head of code enforcement and code enforcement denies me a permit, for a fence or barrier on that property line, because head of code enforcement does not like the way it looks. I’m assuming they are friends and is also with holding information from me. It is also a problem to obtain future permits.
I’ve contacted an attorney and I am 100% within law to pusue any and all charges against them(pending upcoming survey). The neighbors are aware I’m getting a survey, but, they do not know when. They have since turned it into a junkyard, built sheds and have ran up the electric bill, by installing out door lighting that gets left on for roughly 12 hours a day.
Lawyers tell me it’ll drag out and want a lot of money. I disagree. I have been writing everything down, documenting what I can, investivate the nature of the law and consider it open and shut case. Once everything is brought in front of a judge(from what I’m putting together), there is a 99.999% they will side with me. I’ve done nothing wrong but buy a house. Why Michigan lets property get sold like this, is ridiculous.
I want to file charges against the neighbors, who are inhibiting the residence, the owner, the head of code enforcement and the state of Michigan. Along with suing neighbor/owner, for financial compensation(I’m the acting attorney, survey costs), mental anguish, trespassing, destruction of private property, illegal dumping, clean up/dispoasal fees(they will likely get arrested when they have to be thrown off and I will have to clean it).
Even if I went for the very minimum, these neighbors I believe will become extremely dangerous and am even considering getting a ‘personal protection order.’
Any advice would be greatly appreciated.
I live in a rural area in Tn. We put our land in the green belt and have the Tn Forestry Department help us manage the land. Recently the Forestry department told us we need to harvest some of the timber to allow the other trees to flourish. We then went into contract with a sawmill to harvest the trees. Our neighbor put a stop and desist order on the loggers which has already paid us in full. They hired a lawyer and are taking us to court to stop us from using the road. We hired a lawyer to take care of this for us back in February of 2019. We have yet to go to court over this. They have postponed court three times now. Now the mill wants their money back. Which I do not blame them. But we used the money on the land management and to repair buildings on the land. Can I sue the neighbor that has put a hardship on me?
I joined a spiritual guru’s breathwork program years ago. After practicing his hyperventilation technique for years I’m finding that it has had ill effects on my mental health. It also cost me $9,000 total.
His course was marketed to people to help them “achieve their potential”. However, giving away all that money and the mental effects of the hyperventilation have caused me a lot of setbacks in life from ages 23 to 28.
What are my options?
Sept of 2012 I moved in with my mom. Not soon after I met the lady my mom paid rent too. Anita from ERA. I was rearranging things in the garage. She gets out of her car comes up to me wanting to know who I was who stuff was his in the garage and who I was to Nancy. I pretty much knew it was a landlady who else would be asking me these questions. Only because I thought this is reason why I answered her questions because at this time I tried not to conversate with anybody because I did not have the mindset for it so I told her who I was told her who stuff it was and why I was here too told her I lost my only child quit my job with that eventually I had to move out my house she said she only had one daughter too and she couldn’t imagine what she would do if she lost her. I told her your imagination doesn’t even come close to what you would feel like if he was to lose her a few days later my mom used to call from her she told my mom if I’m staying there that she needed to tell me that I couldn’t stay there and I had two days left to be out of there my mom had a doctor’s note saying she needed someone to stay there with her because of her balance she gave it to Anita Anita told her no I cannot stay even wrote her a letter expressing my feelings I even told her all the truth meaning I told her I tried to commit suicide after my daughter died but someone had found me I’m pretty much brought me back she didn’t give a s*** about that. On a day I was supposed to leave with plans of not knowing where I was going my mom gets a phone call from her she had changed her mind I could stay.. I found out it was because so when I knew went there and told her if she chose to overlook what the doctor said and my mom happened to fall down and hurt herself then she could be sued and that’s why she changed her mind fast forward to March 21st 2021 my mom died . Instead of calling Anita I emailed her because she had this hate for me why I don’t know. I asked her how much my mom’s rent was the next morning I get a response she sent her condolences. So I sent another email asking the same thing her response was your mother is no longer on section 8 she told me the amount of rent along with I will be by Friday to get the keys hopefully all your stuff will be out so I can start getting things ready for a new tenant. She called a week or two later asking me when I would be out I said I wasn’t going anywhere I wanted to stay here and pay rent she told me no we went back and forth on this then she goes well if I have to I will have to evict you I told her I don’t know why you just won’t take my money because they’re not doing evictions right now he said you want to make a bet and hung up on me the next day he calls me again asking me if I still want to pay rent I said yes at the same time telling me but I will still have to move she asked me how much money I have on me and I told her only 900 but I am expecting money in in a couple days he goes he if we was to listen to everyone who told us that story we wouldn’t be in business I said look I’m not lying I want to stay here because this is where my mom lives at I can help you find another place for like 500 well I know for a fact there’s no places here for 500 600 700 800 not even 900 I don’t think so she was just lying to me anyway I told her I’ll be by to give her the 900 bucks and to fill out some application but the trust was broken when she told me about the 500 rent so I never went eventually I start getting this pay or quit notice until I sent a notice to go to court and then went to legal aid and they were open agreement I needed to be out by July 31st of this year I wouldn’t have no eviction notice on my record our back pay of rent only if I was out by the 31st of July if I wasn’t well it was not all over again and I would be responsible for the back pay rent and I would have the eviction notice on my record and anything that I was left behind in the apartment would be thrown away along with if I was able to get on section 8 before the end of July 31st only then would I be allowed to stay I was shocked that that was even in there because I knew this lady hated me and there’s no way she would want me to stay here and I brought that up with the attorney and he told me well it wasn’t her up to her and I said oh a few days later that’s when the emergency section 8 had came out it was to help people that was homeless and to prevent people from becoming homeless I thought for sure I would be able to get it as much as I tried I was denied they said I didn’t qualify I went there three times it was only once a week you can go there so I hurry up and pack everything up that was in the house loaded it up and put it into storage I was so stressed out and my blood pressure had gotten up to 1:13 / 213 only had a few boxes left in the house but I could not lift anything I was physically and mentally exhausted and let down the 31st comes and goes then bang bang at the door it was Anita wanted to know why I didn’t bring her the keys why I was still there I wasn’t going to tell her I was mentally and physically exhausted that I could not no matter how much how much I tried pick up another box because she wouldn’t have cared I open the door invite her in and tell her look I’m not trying to stay here as you can see only I only have a few things here the back to your rooms are empty the cabinets are empty and been washed and cleaned out she demanded her keys and I just told her no so she leaves pissed off a sheriff comes a week later with the piece of paper saying he had to tape it onto the door whatever I did after he left was it was up to me tell me when the court date was asked me if I had dogs or if there’s any kids there I told him my granddaughter had just moved out he also asked me if I plan on staying there I told him no I’ll be out before the court date and I open the door so he can see too that’s pretty much empty in the apartment on the 23rd of August I had got the last few things out of the apartment so now it was time to hit the garage but the remote will not open it I get my neighbor to open his garage so I can put something through the chicken wire to open my garage from the inside there was a hole in the chicken wire where I can put my straight through and hit the button on my side of the garage I kept on hitting on it and from what I could tell there was no electricity at all on my side of the garage the light went turn on the button was not doing no clicking I called the landlady yet told her I was in back in the garage trying to open it up it would not open with your remote nor when I hit the button from the inside or it cannot be lifted up she goes what did you pay your bill I said that’s not it well maybe you have too much stuff in there well I don’t know what you want me to do it’s not my problem maybe you should call a repairman I said okay I will . Now one time I had left my remote control in the garage and I opened it up from my neighbor’s side of the garage he had cut some chicken wire where I could put something through it and hit the button but I don’t recall him cutting a complete big hole and leaving it like that I just don’t recall that at all anyways I call a repairman he wasn’t able to come out to the next day so I stayed another night in the 24th was the day they was coming but I wanted to be there so they could open the garage yet but they didn’t come so I stay the next night got up early so I go to my friend’s take a shower eat some breakfast and then go take the stuff to storage so I can take back the U-Haul went back to my old place and got the cats was only able to find one my friends went back the next day to look for the other one still couldn’t find it so there’s going to take me back that night to so I can look for it and on the way over there he goes oh when me and Betty went by the alley we know if there was a square on top of the garage that had been cut out that’s to take me to the alley first the garage opened up for me manually my heart song to the ground nothing but glass everywhere everything I had it was gone I had some pretty nice things in there but nothing was more valuable than my deceased daughter’s pictures all her little school projects that I have been keeping all these years all the baby stuffed animals that she got her daughter that was saving all these years my dog’s ashes three as a matter of fact I view them as part of my family I had part of my brother’s ashes that I had just put in there a month earlier even pictures of me when I was growing up letters I had wrote to my dad and mom when I was just 10 years old pictures of them pictures of my brothers and my life was in there I went on a rampage that night accusing my neighbors of taking it but it wasn’t till the next morning when my friend drove by when she looked in she became teary eyed she then told me I should call the Lana to get to make sure she’s not the one who did this I said I don’t think she would do something like this I mean look at it this is broken glass everywhere but I did call her when she got on the phone I asked her where was my stuff that was in the garage she replies I took her to the dump I said my daughter my deceased daughter’s pictures were in here he said oh sorry I tried to call you several times even left a voice message on this phone but you didn’t even turn my call and hung up on me only two call me right back to tell me and if you don’t move your truck that’s going to be dumped next. My whole life was in that garage my memories I can’t even give my granddaughter her mom’s pictures now losing a child is the worst pain one can ever know my daughter was 29 when she died but still she was my child and her never hold anything that belong to her she never go back and look at pictures when she was a baby that’s another hell ride itself when just two days before that I was on the phone asking her for help when she told me it wasn’t my her problem and this is not a civil court thing because the things I had in there were valuable I had a chair one chair was $3,000 I had a lot of bunch of stuff and not trashy very nice stuff everything I had in my house was in there I had things I was planning on selling but nothing from inside my house because that represented a time when everything was good when my daughter was still here so I was never going to get rid of any of that stuff I know that’s gone along with the pictures just thinking my dog’s ashes flying in the dump makes me sick to my stomach and it was all done because of hate when she told me she had taken it to the dump her voice sounded like she was so content like she had just beat me at what I have no clue she’s right she beat me real good she beat me so bad to her I think all peoples like she is she had her known everything I owned was in that garage all my memories was in that garage but she show me what evil she has inside her and I want her to pay I want her to feel my pain I want her to feel the pain she brought into my life that she gave me I wish ERA PREMIER would fire her and no other realty place would pick her up that what she did went viral and everybody then started to let her know what she did was wrong that would make me feel good only for a moment though because when it’s all said and done I’ll still be sitting here dog’s ashes gone Brothers Ash is gone and all of my daughters belongings and no pictures to ever look at again so I pray you could give me some direction where to go to get a lawyer that will whoop her butt please tell me there’s a case I have because if there’s not I don’t think I can go through life knowing it was okay for her to do that to me when two days earlier I called her for help thank you
Melissa Gold says
Hi, Sherry. I am sorry you’ve been through so much. If you believe that this person’s actions cost you money, you might be able to bring a personal injury lawsuit to reclaim your losses and expenses. Without all the facts, it’s hard to determine your cause of action, but I encourage you to reach out to a personal injury lawyer who can tell you if you have a valid claim. If you need a California lawyer, you can use this directory: https://www.enjuris.com/directory/lawyers/california/. Best of luck — I hope it all works out favorably for you.
My friend was attacked by someone this afternoon. The starnger was angury for some reason while both driving. Once my friend parked at his distination, he found the stranger followed him, got of the car and started shooting him bad words and boxing him until my friend bleeded a lot without any defenses, the stranger run away. My friend called the police and 911. They took him to ER. The police provided him incident number and recomnded him to stop by the court for a restriction order.
My friend needs to sue him, but police recommended him to issue the restriction order.
Is he able to start the law suit process after the restriction order? How he can start the process? He is in California, and also how he can charge him criminally?!!
Perpetua Lee Pretty says
My boyfriend broke two of my New iPhones one of which I was still paying on and still am paying on he also damaged my dashboard when he pressed something sharp into the into it cutting it in three different places he also threw a set of keys at the door denting in the door and chipping off the paint quite significantly I’ve got proof of him admitting to all this through text messages he also cheated on me and lied about it for months and when he was mad admitted that the girl gave him an STD that he then passed out to me can I sue him do I have a case also there’s a lot of emotional distress because he has verbally and emotionally abuse me andThreatened mine and my children’s lives. Can I make him pay for what he damaged of mine? Is a well as how he damaged me?
Melissa Gold says
Hello, there. I am sorry to hear that you’re in this situation. First, please call the National Domestic Violence hotline at 1-800-799-SAFE (7233).
You can file a civil suit if you’ve suffered financial losses. If you have documentation of the expenses for damaged items, you might be able to file in small claims court for the amount it cost you to have them repaired or replaced. You would need to know the specific dollar amount for each item (cost for repair) and proof that he caused the damage.
I would also encourage you to reach out to your local police department to inquire about an order of protection. Certainly, if this person has threatened you or your children, you should not hesitate to get officials involved. And, if there’s a situation where you feel like you’re in immediate danger, PLEASE call 911. Teach your children to do that, also.
Best of luck, and please stay safe.
I have been defendant in a civil case that went jury trial. My case was dismissed the day before closing arguments.. It was a wrongful termination case and it included as defendants 4 of us and a government agency which we worked for. It was an experience. The plaintiffs closing was her lawyer reading the verses to the song Harper Valley PTA. It was very surreal.
But I only mentioned it because you asked and I hope you get a smile out of it.
But what I hope you’ll tell me if anyone ever wins a adverse possession of real property.. I’ve got the forms,read every thing I can find on representing myself in court but am nervous about missing something. I have tried to get a consultation but nobody seems to have a lawyer on staff that knows the law on Adverse possession. And yes I check all the boxes of the 5 requirements to have standing. I am trying to save a small piece of multigenerational land I live on. Thank you for your help in advance.
russell wayne bayley says
My wife was a vendor at the local farmers market and she was unfaily kicked for asking questions about the location. Shes disabled and autisic so this is doubly cruel. She has suffered depression as well as loss of income. When i search for an attorney all they want is “employment” or “employment discrimination”. My wife was a vendor there thru the art assoc and wasnt an employee. We have thought about sueing the manager/owner who discriminatd against her for nothing. theres plenty of room so its not a case of no room. She even told my daughter on the phone that”Oh thats who that was, im not even allowing you back next year”. So who do we look for lawwise? What sort of a case is this or do we have to go ourseves?
Over a year ago My girlfriend was at my house dropping off materials for my shower when her dog was in the truck that was parked in street with her trailer attached. Her daughter which has special needs accidentally opened the door of the truck and let her dog out. The dog proceeded over to a few neighbors and was just greeting everyone. With in 30-45 seconds of dog being let out by her daughter and her being able to get him back in the truck he had saw another couple walking down the street with a muzzled standard poodle which neighbors in the area all know is aggressive.The gentlemen standing there began to pet the dog at large and his standard poodle appeared to become jealous and jumped on top of The dog at large. The dogs started a fight and we all ran to separate dogs the owner of the dog at large grabbed him by his hind legs and pulled him away before this happened the gentlemen put his hands in the dogs mouth to keep him from biting the other dog during this the gentlemen holding the standard Poodle appeared to have gotten a cut on his hand. The gentlemen then proceeded to say he wanted to kill the dog at large and my self while his wife screamed obscene gestures in front of the children and neighbors standing there. The police were called along with fire department the man refused medical escort to a hospital he was given a bandaid by the fire department . Police made report with my girlfriend the owner of the dog … animal control was called with in the week to get information on the quarantining process the dog was released from quarantine with out any aggressive behavior shown to humans or any other animal. This dog does not belong to me and this did not happen on my property this all happened in a public street.
These people then walked by my house for the next 6 months with there dog which all Neighbors and neighbors cameras can verify harassing me and putting my name on social media for a violent dog.. now I’m getting letters I’m being sued for something that did not happen on my property the house is in a trust and the insurance will not cover any instance Like this.. how can they sue me when this is not my dog and did not happen on My property
I purchased tac training from my accountant. To date, I have not received any link or specific dates since july.. this October month, I found OIT my taxes for the business we’re not filed. Trust is broken with the accountant, and he won’t give me my money back.
Sorry, that was “tax”, “out”, “were”
Jason patrick says
My mom passed away my sister took my vehicle and I have all the receipts with all the money I have into the vehicle
Ian Pisarcik says
I’m sorry this happened to you. The tort of “conversion” occurs when a person without authority or permission intentionally takes the personal property of another or deprives another of possession of personal property. With that being said, I would recommend contacting the police and reporting the vehicle stolen before you pursue a civil remedy.
Emily Knight says
Never had problems UNTIL JUST RECENTLY at the storage place in fountain valley ,ca. I’ve been here 7 years. About two months ago the unit DOOR and frame came off and I had to move my whole storage unit to another unit with no offer for help. We are being EVICTED/ LEASE TERMINATED for my 3 YEAR OLD DAUGHTERS THERAPEUTIC / EMOTIONAL SUPPORT DR. PRESCRIBED ANIMAL who was on a leash tied to my shelving unit laying on the floor NOT BOTHERING ANYBODY. My daughter has experienced trauma, and is in counseling . Her pediatrician has written my daughter a letter stating she needs a support animal to help cope with her traumatic experience, ptsd, and stress. Wendy has no right to target me or my daughter if I were to disregard her pediatrician and not have the dog around or as Wendy wants me to leave the dog in my car when it’s 100 degrees out, then I would be going against DR.’s orders that involve my 3 year old daughter. That would be child medical neglect if I’m not mistaken and animal abuse. I was told at first she would charge me 50.00 each time I came with my daughter’s TSA. I told her I had paperwork from her Dr. but I was continually targeted and harassed each time I would go there she wound give me dirty looks. Wendy and her associate would yell at me in front of my 3 year old daughter and whatever other people that were in the hallways heard her also. They would yell “she’s not a real service animal I have friends who have service dogs and she isn’t like them! They both would down talk my daughter’s dog in front of my child, tell me she didn’t have a disability and that she isn’t trained to do anything making my daughter and I really uncomfortable. My daughter even asking me what did she do wrong? Why were they mad at her? Wendy and her associate would come up to my unit telling me I had to take my dog outside and leave her in my car in 99 degree weather. I told her I have a note she is not going to my car is 100 degress out , she isn’t bothering anybody and is chained to my shelf sleeping not bothering anybody I requested she stay with me. She said ok as long as she’s tied up but next time I needed to leave her at home. I’m homeless. I don’t have a home. Second she also said she would have to start charging me 50.00 every time I came with her. Very unprofessional. Then as I was speaking to the dispatch and Wendy threw my termination of lease papers at me then walked away and I told the dispatch I would meet the officer outside the gate I needed to put my stuff back inside my unit . Wendy at the front desk and her associate told the police officer that they served me termination papers already and told him I didn’t need his assistance Anymore so he left and they didn’t tell me they had told him to leave they didn’t even tell me that he came by. They watched me sit in front of the facility for an hour until I called police dispatch again . The police told her to provide me with the owner contact info. She still has not is been over a week age I went in person with no contact information in hand STILL. Also on the termination papers she stated that the document was in “RE: payments made until 9/14/2019″not sure star that meant but I’ve been a customer for 7 years . Never missed a payment . And when my storage unit door & frame came off it was in September but the papers I signed were from 9/24/2021 so I’m not sure what she is saying but she is mistaken
I went into Sally’s Beauty Supply going to buy a toner for half my healthy level 9 hair, (half I already had done and silver) asking the lady where I can find it. Upon finding it she asks me what I want to do with my hair. When I tell her she keeps saying “you need to use this lightener (bleach) ALL OVER your head because your hair is prettt healthy to raise it 8 lvls (although there’s only 10 lvls of hair) THEN use a toner which will lighten it more and give you the color you want” when I told her I knew what I was doing since I’ve done this already she said I was wrong, pulled out a color wheel on her phone trying to show me she was right and to double check herself. (Which she was still wrong on) Repeatedly saying I needed to use the product she gave me with my 30 developer I had and to leave it in for 40min. Since she’s “professional” and kept persisting I went with what she said although I already knew what worked for my hair. Not even 20min after applying the product she gave me my scalp started burning really bad and sounding like pop rocks. Immediately I went to wash it out, but over half my hair came out instead. All in and after the shower. My once waist length hair which took 6 years to grow now at my shoulders, with the underside looking like a bad undercut and burns on the back of my scalp. When I talked to the manager the next day she said what I came in to do was correct, said that what the lady told me was wrong I should’ve left it in for in with a 20 developer which is a lot less strong. This happening literally the day before my birthday. Can I sue her/the company? What do I do?
Should’ve left it in for 7 minutes*^
Beyond Frustrated says
My neighbors dog got into my front yard attacking and fatally injuring my Yorkie. This was the second time that their dog attacked my family pets on my property. The first time that it happened we decided to let it go because they apologized and said the dog got away from them. After the most recent attack I called the police and animal control. I took them to court with the animal control officer and we were able to have the dog deem dangerous. I then sued them in another case for damages. I won the case and was awarded the judgement by the Judge. Unfortunately I’m still paying off vet bills from this incident which is very frustrating. I need to know how do I go about collecting? Do I need to get a lawyer to make them pay? Or can I file for an execution to try and get their wages garnished?
Melissa Gold says
Hello, there. I am sorry to hear you’re dealing with all of this. Probably your first strategy would be to contact the neighbor directly and ask them for payment of the judgment. If they refuse to pay (or don’t have the money), you could then file a lien on their property. While this holds them accountable for the money they owe you, it doesn’t help you pay off your bills because you would not receive payment until they sell their property. Courts can also issue a bank levy or garnish wages, but you can also contact a private debt collector. They would work with the individual to collect payment, but you’d pay a percentage to the collector.
I’d suggest contacting the lawyer who handled your case initially (or, if you were in small claims court and didn’t have a lawyer, you might need to consult one) to determine the best course of action. There are situations when a judgment is issued but the defendant can’t pay — and while that’s frustrating (and unfair) for the plaintiff, it can be very hard to obtain money where there is none to be had. Your lawyer can help evaluate whether the defendant has the assets or cash to pay for the damages. Best of luck!
Lee Powell says
I have stage 4 breast cancer with a tumor on my brachial plexus, this is extremely painful. I am in constant pain 24/7, with limited movement in my right shoulder, arm and hand. To help manage the level of pain and restore the quality of my life My doctor and I tried several pain medications and combinations, it took several months but we finely found what worked best for me, although it did not total elevate the pain, the pain level was about a 2 and I was able to restore my life’s actives. We settled on 10mg oxycodone every 4 hours as needed foe severe pain. The pill bottle contains 120 pills. I was in the 25th day of my prescription and called my doctor for a refill and he called the prescription into the pharmacy. The pharmacist told me they would not fill my prescription. I ask why and was told that it was a 30-day script and could not be filled till the 29th day. I explained to the pharmacist that without this medication I would be in extreme pain and would mostly end up in the hospital and that taking this medication as prescribe it was mathematically impossible for it to be a 30-day script. 120 pills taking every 4 hours come out to 20 days. She told well you should have not taken ‘ ‘. So, at what time did i take them that i did not need to’ I asked? “I took them as prescribe”. She refused to filled them until the 29th, There was nothing I could do. I spent the next week in extreme physical pain and due to this my mental health has also declined. I am having a difficult time rebounding from this, I live in constant fear of being in pain, of taking my medication. My life is going downhill! Can I sue the pharmacy or pharmacist?
Melissa Gold says
Hello, Lee. I am so sorry you’re in this situation. Often, though, there are several parties involved in prescribing and distributing medication. Oxycodone is an opioid/controlled substance, and there could be laws that restrict pharmacies from distributing a new prescription in fewer than 30 days. The laws are in place to prevent opioid addiction, misuse, and illegal sales of the substance. I don’t know if there are exceptions, and you can try talking with your physician to see if they are able to change the amount you can get for each time period. However, it sounds like the pharmacist is just following rules, which are very strict around medication distribution. I am sorry you’re in such pain. If you still want to pursue a lawsuit, you should contact a personal injury lawyer who is well-versed in laws for drug distribution and can advise you about whether the pharmacist is properly following the law. I hope you’re able to find ways to alleviate your pain and feel better.
Kathy Anzaldua says
My sister owes me over $8000 in a personal loan that she used on her business. She agreed to pay me back. I have transfers and contracts, receipts of everything I paid for. When the loan started to grow very high I said I was no longer going to loan her any more. I didn’t want a business loan to effect our family as sisters. Well she got MAD! She called me all kinds of names and harassed me over text and email and by mail. The police here in Texas said to figure it out. So I typed up a formal letter with all of the records showing what she owed me. I even requested mitigation. She declined. She called the cops and said I was harassing her forcthousands and thousands of dollars. The police told me to quit harassing her. I want my loan back. My sister now says she doesn’t owe me a penny because of the arguing and harrassment and she lost Instagram follower’s because she decided to post all of our arguments online. She seems to think we are even. She filed a criminal lawsuit on me for harrassment. Like I said, she was harassing me too but the cops did not want to get involved and help me. I do have police reports of her harrassment. But for some reason, maybe because of her Instagram following?-the poultice helped her and I have a harrassment claim pending against me. My criminal attorney says DO NOT SUE HER YET FOR THE LOAN, as it may look bad upon me if the DA decides to come to a plea on the harassment. But I don’t want to plea! We equally harassed each other. My question is what is the statute of limitations in Texas to sue her for my loan? It’s been 2 years. My criminal case keeps getting reset. I do not have an attorney for the loan as it’s a civil case and my criminal attorney does not represent me for the loan. I feel like I’m not getting the best advise by just waiting and waiting. I want to start a civil case NOW for the money owed. What do I do?
Deborah Edwards says
Hello, Iam in a housing program awaiting an apartment through housing authority ,the company that was contracted out to house me puts people in places that are unsafe, the first place had pink and black mold and my boyfriend just died last week from cancer that i believe was caused by our living conditions, the second place they put us cockroaches and rats crawl all over you at right time so i left and lost everything i owned because i didnt want to bring roaches with me, non of the employees will step foot on the property but they will house people there i want to know if i have a case and what kind
Melissa Gold says
Hello, Deborah. First, my sincere condolences on the loss of your boyfriend. It sounds as though this is an issue you might need to bring to the California Office of Public Housing (https://www.hud.gov/states/california/working/ph). If the agency is placing people in living arrangements, those spaces should not be uninhabitable, unhealthy, or unsafe because of the conditions you mention. I’m not quite sure what type of case you’re thinking about… whether it’s suing because you believe the living conditions caused your boyfriend’s health condition or because you want a safer and healthier place to live. I think your best bet would be to look for legal services through your state or local bar association (you can use the bar association directory for that).
When you speak with a lawyer, it’s best to have as much evidence as possible… which could be photos of your living conditions, documentation of complaints made to management, or even your boyfriend’s medical records that state that his condition was caused by mold or unhealthy living areas. Best of luck. I hope you’re able to have this resolved quickly.
Yes I was involved in a car accident but didn’t have insurance… The other driver admitted to the police officer that it was her fault now Louisiana is a No Pay No Play state dealing with insurance claims. The officer did ask both of us questions about what happened but from some reason or another he was more focused on me instead of the other driver who ran a stop sign slamming into the right front passenger side fender and door of my car next thing you know I’m being arrested for dwi when he clearly seen that I wasn’t intoxicated or under any illegal substance..I was instructed to perform a one leg standing test and a eye and light test passed both of them then he told me to stand still went over to the driver and within 30seconds he was sitting me in the back of the car and taking to jail l was asking him what am I being arrested for and he couldn’t answer me we get to the station read me my rights questioned me some more made take 2 test I passed both of them later charged me with a dwi 2 went to court and the charge was amended now that court was over with for me I was left with out a car because of no insurance while in my phone her insurance company agree to pay me 65% of the damages caused by her client who was at fault and driving illegally herself with a suspended or revoked driver’s license but only got a citation.. even with out insurance can I still take her to small claims court for damages up to 4500. dollars?
Melissa Gold says
Hi, Danny. I’m sorry to hear all of this. There’s a lot of factors happening here… your being uninsured, the DWI charge, etc. It would seem as though if the other driver caused the accident, you should be able to recover damages for the amount of your losses, regardless of the other issues. Because the insurance company awarded you 65% of the damages, it sounds like they have determined that you were 35% at fault for the accident and offered the appropriate amount of damages.
Michael Sherbert says
I loaned a friend $105,000 to flip a house in Pasadena in August 2020 he has not paid me back. I live in Las Vegas
T. Kameda says
Went to the ER for an injury, while at the facility my wallet, rings & necklaces were stolen. Ask security for help and got none filed report to local PD. Asked detective for update and he said ” you should sue “. There is video footage showing I entered facility with wallet and jewelry , but staff still denies stealing my jewelry! What kind of lawyer should I hire?
Hi my name is Danny and I’m wondering if I found out my girlfriend was cheating on me earlier I. 2021. we tried to work it out but nothing I was given her my half on the bills until I got fired I was told to file for my unemployment I did but it was delayed but I was owed backpay my then or so I thought girlfriend stop paying her car not do I told her I’d loan her the money I loaned her $1100 and she stole $200 more out of my thousand to get my car so the landlord shows up stating that we’re behind in rent my utility got cut off and I gave her all the money to pay it but she didn’t now it’s $1400 can I sue if she was paying someone else bills with my money while we in a relationship?
I had my Mercedes E350 towed to a nearby Mercedes dealership when it suddenly made a big loud grinding sound and I pulled over to the side of the freeway. My insurance would tow it as far as the next Mercedes dealership or to my home, whichever was closest and I lived far away from where I was at the time. ..so, I had it towed to the dealership. It sat there for months waiting on parts and I had several conversations with the dealership. They seemed very friendly and everything seemed to be fine …I was just a little frustrated that the parts were taking so long but with covid and all I just let it go and was trying to be patient. One day, I called to see how my car was and they told me that it had been damaged in the flood that we had recently had and that it was going to need a lot of work… they were sending out checks to people to help with the frustration and irritation of the damage that had been caused to many vehicles and needed my current mailing address… I said that I had not been notified of any damage and that I wanted to know what had happened. They told me they would have the mechanic look at it and get back to me. The next day the sent me a estimate for repairs that was over $16,000! They also noted that this would not be including the taxes and also the cost of the original repair that the vehicle was there for to begin with it had not yet been completed some months later. They would not be responsible or liable for the damages and I about lost my mind. I did transfer my insurance from that vehicle over to the vehicle I was driving waiting for that vehicle to be repaired so the comprehensive insurance that I did have on the vehicle was no longer active. I figured that the dealership would be responsible for any damages that would occur on their property. Is this true? What do I do? Who do I call? What kind of a case is this? I’m so frustrated with these people I could just throw up. They said they were sending me a check for my frustration and then that check never even showed up anyways but later I found out that if I would have cashed it they probably would have gotten away with it anyways because that would have been my saying that I was paid off. Is that true? I have so many questions and I just don’t know who to call please help! Thank you!
Ive been a homeowner for 5yrs inside a trailer park. Meaning I pay lot rent. The park was sold recently and the new owners keep saying I owe lot rent to them even though its already paid in advance. Ive given a receipt as proof of payment. New owner wouldnt accept it and for 3 months has put multiple 10 days notices to vacate or be removed, towed my personal vehicle and my work vehicle which was sold by towing company. I want to sue the new owners. Ive talked to lawyers that wont take my case. What do I do?
I let my boyfriend claim my kids but he never took care of them but I didn’t work this year but really needed a car so I said I would let him claim my kids if he got me a car so I let him but when he got the money he just kept it all to him self what can I do about it
Tera Lopez says
I want to know what type of lawyer would I need if I want to sue
A large real estate company because one of their employers my realtor stole my husband stole my life and before we even divorced she had a baby I’ve only been separated from my husband for one year she has his child she saw my future and she’s got it for me and I wanna sue the company for it can I do sell
Sam Smith says
i was arrested 12/23/2018 I was never indicted i lost my job my truck my house most of all my name was ruined.feb 2022 i was cleared because of no evidence, What can i do im 50 yrs old and i feel like somone should pay for what they have done to me.