what is the process for suing someone?
2006-12-19 06:44:59 · 9 answers · asked by jusprettynsmart 2 in Politics & Government ➔ Law & Ethics
The correct answer to your question is complicated. If you have been wronged by someone, and you know who that person is, then you can sue them. There are different ways to serve someone, but in the event that you have tried to serve someone at there last known address or something of that nature, then under certain circumstances, service by publication in a newspaper will work, but not always. The only problem is if you get a default judgment in your favor, how do you get the person to pay you if you don't know where they are at???
You don't have to have an attorney to file a law suit, but it is very difficult if not impossible to do so without one. There are all kinds of rules and procedures that must be followed and without any legal training, your not going to know them.
Small claims court is an option, and the maximum damages amount varies depending on the state you file the suit in.
2006-12-19 07:33:14 · answer #1 · answered by On Time 3 · 0⤊ 0⤋
Absolutely. Often times the statue of limitations will be close to running out so often people will sue with out knowing where or sometimes even who they are suing to preserve their claim. There are all sorts of ways to track someone down, and if your state allows for it, you can serve (which means you give notice to the person you are suing to show up in court) via publication in a newspaper. Discuss your options with an attorney.
2006-12-19 14:57:32 · answer #2 · answered by Daz2020 4 · 1⤊ 0⤋
It depends on what you're suing for. Some statutes allow for service of process/notification of the suit through the newspaper or other publications. This is generally used in child custody/termination of parental rights cases, etc. It might also be used in a divorce suit if one spouse has abandoned the other and can't be found. However, the situations in which alternative process can be used are few. You mostly need to know where the defendant is in order to serve them with process and give them a chance to defend themselves.
2006-12-19 15:00:33 · answer #3 · answered by st_mel 2 · 0⤊ 0⤋
Even if you won, how would you get the money if you don't know where they are? You need to know where the person you are trying to sue is so they can be served with papers to notify them that they are being sued. If they do not recieve notification, thus deprived of the right to face thier accuser, you cant win.
2006-12-19 14:56:08 · answer #4 · answered by msi_cord 7 · 0⤊ 1⤋
You don't need an attorney to sue someone, especially if its a small claim under $10,000 (hasn't that person watched Judge Judy). But they do have to be notified that they are being sued so they can defend themselves.
2006-12-19 14:53:16 · answer #5 · answered by Kia V 2 · 0⤊ 1⤋
Depends on the case (ie is it criminal, civil or a case that has many plaintiffs). You can file a case to sue against John Doe, and in the process of discovery, you can hire people to get the information about their identity and ammedn your case to reflect the discovery of the person's identity.
2006-12-19 14:59:59 · answer #6 · answered by arus.geo 7 · 0⤊ 1⤋
Yes you need to know where they are. The person you are wanting to sue will have to be served a supoena to appear in court. You will need to hire an attorney to sue someone.
2006-12-19 14:49:03 · answer #7 · answered by Sparkles 7 · 0⤊ 1⤋
You have to know who the person is and where they are. You can't just sue random people!
2006-12-19 14:52:09 · answer #8 · answered by Anonymous · 0⤊ 1⤋
they have to be in court, beside if you win, how would you get paid if that person is know where to be found? in that case we can sue dead people
2006-12-19 14:52:29 · answer #9 · answered by Anonymous · 0⤊ 1⤋