Planning On Suing Someone? Find Out If You Have A Case!
Before you plan on suing someone, you need to really stop and evaluate your overall case. There are basically three points to consider when you are trying to determine if it is worth your time, money and effort.
- Are you sure that you have a good solid case?
- Are you prepared to go to court or would you rather agree to a compromised settlement?
- Are you positive that you can collect if you win?
How Does Your Case Look?
If you are contemplating suing someone, you should understand that every type of lawsuit is broken down by lawyers into a list of elements that are legally required. Using these elements, it is fairly easy to assess if you have yourself a case or not.
- Damages – You have to be able to prove that you suffered an economic, physical or mental loss as a result of the other person's actions.
- Contract Formation – If your case is a business agreement, you need to be able to prove that you do indeed have a legal contract that binds you with the other party. Keep in mind that if you do not have a written contract, you have to be able to prove that you had an oral one.
- Breach – If you happen to be suing someone because they broke their contractual obligations, you will need to be able to prove that the opposing party either didn't fulfill the contract or did an unacceptable job.
- Performance – You will need to be able to prove that you did what you were supposed to do in the situation.
Do You Have To Sue?
Even if you are certain that you have a good case, suing someone is not necessarily always the answer. Quite often, many disputes can be settled out of court by talking to your opponent directly and attempting to come up with a compromise that you can both agree upon.
You can also hire a mediator who is a neutral party that will evaluate goals, options and solutions for everyone involved. Additionally, depending on your contract, you may even be able to submit the dispute that you have to a binding arbitration.
Are You Sure That You Will Be Able To Collect?
This is one of the most important questions to ask yourself when suing someone because there is absolutely no sense in fighting a deadbeat in court that you cannot collect from anyway. In most cases, a reputable individual or business will pay what is owed but if they simply do not have the money or any assets, there is not a lot you can do about it to make them pay. Most often, the court is not going to collect money for you so you should research on your own what assets that they have that you can grab.
Traditionally, if you are suing someone who owns property or is employed, you can have the law enforcement agency in your local area, garnish wages or property. If you are suing a business that receives cash from customers, your local marshal or sheriff can collect the judgment that is owed to you right out of their cash register. You can even apply to have their business license suspended until you have received the money that is owed to you.
However, if the person that you plan on suing has no identifiable collection sources, there is probably no point in suing. Unless all you want is the right to say that you won, do not waste the effort going after someone that has no value because chances are you will never see any of that settlement that was granted to you anyway.