nolawyer
January 10th 05, 06:05 AM
Informational Post:
CAN I SUE?
The generic answer is:
YES, YOU CAN SUE
Anybody can go down to the clerk's office, pay the filing fee, and file
SOMETHING.
But "CAN I SUE" is the wrong question.
The real question is
"IF I SUE, CAN I WIN?"
And a subsidiary question is
"IF I WIN, CAN I COLLECT, OR ENFORCE THE RELIEF I'M SEEKING?"
The basic questions to ask yourself before filing any civil lawsuit, are:
Does the Court have the ability to acquire personal jurisdiction over the
defendant(s)?
Does the Court have subject matter jurisdiction over this type of case?
Do all the elements of this type of case exist?
For example, in a common-law tort case, DUTY, BREACH, CAUSATION, DAMAGE,
REMEDY
In a statutory-based lawsuit, are all the elements of the statute included
in the claims?
Has the Statute of Limitations run out for this type of case in this Court
and jurisdiction?
Is the Defendant Immune from Suit?
Are there enough damages to make a Lawsuit worthwhile for me?
Is the defendant likely to countersue me?
Will discovery force me to reveal secrets I'd rather not?
For example, if I claim medical harm, my whole medical history may become
public.
Does the defendant have the resources to fight me in court?
Can I manage a court appearance, the rules of procedure and evidence, even a
jury trial?
If I lose, will I be held liable for paying the defendant's attorney fees?
And --- if I win --- CAN I COLLECT?
Does the defendant have money or assets upon which I can execute a judgment?
Will the defendant, after the whole thing is lost by him, declare
Bankruptcy. disappear, or hide his assets so as to be "judgment proof"?
These are only SOME of the considerations in deciding SHOULD I SUE?
Sometimes, you'll not be able to manage suing without hiring a lawyer.
Sometimes, you can do it yourself with help from a competent, seasoned,
experienced legal educator / document preparer.
That's what I do.
Bob Hirschfeld, JD
http://www.nolawyer.com
HOW2, PO Box 696, Lukeville AZ 85341-0696
011 52 638 382 0214
CAN I SUE?
The generic answer is:
YES, YOU CAN SUE
Anybody can go down to the clerk's office, pay the filing fee, and file
SOMETHING.
But "CAN I SUE" is the wrong question.
The real question is
"IF I SUE, CAN I WIN?"
And a subsidiary question is
"IF I WIN, CAN I COLLECT, OR ENFORCE THE RELIEF I'M SEEKING?"
The basic questions to ask yourself before filing any civil lawsuit, are:
Does the Court have the ability to acquire personal jurisdiction over the
defendant(s)?
Does the Court have subject matter jurisdiction over this type of case?
Do all the elements of this type of case exist?
For example, in a common-law tort case, DUTY, BREACH, CAUSATION, DAMAGE,
REMEDY
In a statutory-based lawsuit, are all the elements of the statute included
in the claims?
Has the Statute of Limitations run out for this type of case in this Court
and jurisdiction?
Is the Defendant Immune from Suit?
Are there enough damages to make a Lawsuit worthwhile for me?
Is the defendant likely to countersue me?
Will discovery force me to reveal secrets I'd rather not?
For example, if I claim medical harm, my whole medical history may become
public.
Does the defendant have the resources to fight me in court?
Can I manage a court appearance, the rules of procedure and evidence, even a
jury trial?
If I lose, will I be held liable for paying the defendant's attorney fees?
And --- if I win --- CAN I COLLECT?
Does the defendant have money or assets upon which I can execute a judgment?
Will the defendant, after the whole thing is lost by him, declare
Bankruptcy. disappear, or hide his assets so as to be "judgment proof"?
These are only SOME of the considerations in deciding SHOULD I SUE?
Sometimes, you'll not be able to manage suing without hiring a lawyer.
Sometimes, you can do it yourself with help from a competent, seasoned,
experienced legal educator / document preparer.
That's what I do.
Bob Hirschfeld, JD
http://www.nolawyer.com
HOW2, PO Box 696, Lukeville AZ 85341-0696
011 52 638 382 0214