How do you sue someone?

**Dr. Sleepless** · Posted On: 11/12/2005 7:17pm

About 8-9 months ago, some old hag rear ended me. I've been waiting for a shitload of a long time for her insurance company to pay up and fix the damages but they haven't and I really need to get my car fixed.

So how do I go about suing her? It's a winning case as it is, I have all the paper work from the shops I went to the day after, pictures, etc. Hell she even took off before giving me ALL of her information.

**Dr. Sleepless** · Posted On: 11/12/2005 7:21pm

I just want to take them to small claims and avoid lawyer fees.

**Mr. Mantis** · Posted On: 11/12/2005 7:25pm

Then do it.

**Dr. Sleepless** · Posted On: 11/12/2005 7:27pm

You guys are le mean. :(

What is the process of which I need to go through to get her to court? Do I just go up to the really evil clerks and be like, "Woman! I need to sue someone, point me to a man who can tell me how it's done." or something?

**Wataru Akiyama** · Posted On: 11/12/2005 7:30pm

HOW DO LAWSUIT?!

**Shu2jack** · Posted On: 11/12/2005 7:45pm

Break her hip for breaking your car.

That is a sure fire way to get her into court with you.

**Phrost** · Posted On: 11/12/2005 8:04pm

Originally Posted by Wataru Akiyama

HOW DO LAWSUIT?!

Normally I hate short responses on the forums, but yeah.

**Grashnak** · Posted On: 11/12/2005 8:12pm

No offence Sirc, but you're engaging in one of my internet pet peeves. People are always showing up on their hobby forums and asking for medical or legal advice. I mean, damn, would you want anyone on here to pull your teeth, remove your gall bladder, or - god forbid - tell you how to sue someone? :stop:

The law is serious business, even if you're going the small claims court route, and it tends to be different in every jurisdiction, so do your self a favour and toddle on down to your local courthouse and get the facts from the people who know them. You might try looking up a local legal help line - often you can get free advice from law schools etc that have their students doing that kind of work.

But get it from somewhere where you can be sure that people know what the hell they are talking about, in a forum specific to your location and circumstance.

Getting legal advice from random posters on message boards is like getting your brakes done at Burger King, only without the guarantee... :eusa_snoo

Good luck!

**Sam Browning** · Posted On: 11/12/2005 10:31pm

*Sigh*

At your local small claims court they will have a booklet explaining the process. The book will also specify how much the limit is for small claims actions in your juridiction. If you have more damages, say $5,000 and the limit in your state is $3,000 you can only sue for the latter figure.

the biggest complication is service. i.e. what do you have to do to get the paperwork to her in a legally appropriate manner that ensures that she has notice of the suit and that such notice can be established after the fact. If certified mail is not allowed you'll have to hire a sherriff. For further information please consult nolo press, they have a book on small claims actions you'll probably want to buy.

**Lane** · Posted On: 11/13/2005 1:18am

Not to mention the fact in the US it is illegal for anyone but a lawyer to give you legal advice. I used to work for a legal services company that incorporated businesses for people and filed documents for lawyers. If a lawyer did not call and set up the paperwork, it couldn't be done, and we couldn't tell anyone how to do it, because that was a violation of the law.