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To file a lawsuit against a company may seem daunting, but the process is similar to any other civil lawsuit against an individual or other organization. A lawsuit against a company may be the next step if other measures have been taken to resolve a dispute and consumers should be aware of this option.
A disgruntled customer looking to file a lawsuit against a business should consider the actions they’ve already taken in the dispute and gather any related documentation. Documentation could include complaint letters, emails or records of calls. Applicable contracts, terms of service or other agreements with the business should also be gathered.
A person can file a lawsuit against any type of company or businesses, including for-profit and non-profit entities, small and large companies, as well as government entities.
Civil lawsuits
Civil lawsuits refer to legal actions between two parties, as opposed to criminal lawsuits in which a government entity charges a person for committing a crime.
Civil lawsuits, filed against a business or other party, follow the same basic steps:
- The plaintiff files a complaint and summons with the appropriate court
- The business, or defendant, is served with the complaint or summons
- The business is given a specific time frame in which to answer a complaint
- If the business answers the complaint in a timely manner, the parties enter into discovery
- During this time, the parties may submit any number of motions, including motions for summary judgment or motions to dismiss
- The lawsuit either goes to trial or settles
Naming and serving a business with a lawsuit
One difference between filing a civil lawsuit against a business, rather than an individual, may be determining the name and entity that should be served with the complaint and summons and even where the lawsuit should be filed. It is imperative to file a lawsuit against the correct defendant or defendants. Failure to do so can lead to the dismissal of the complaint or loss of the lawsuit.
Figuring out the business entity to name in a lawsuit is not always straightforward. One issue may be that the name of the business the customer is familiar with is different from the registered name of the business. For example, customers may know a business as “XYZ Restaurant,” but the legal name of the business may be “Fine Food Company, doing business as XYZ Restaurant”.
Additionally, the storefront business may be owned by any number of parent companies, and these companies may potentially need to be named in the lawsuit.
Further, a complaint and summons may need to be served on the registered agent of the business.
An internet search can be a good place to verify the name of a business. The offices of the county clerks or secretary of state may also be a helpful resource to find the name of the business.
Further, there may be some question as to where to file the lawsuit against a business. Called “jurisdiction,” where the lawsuit is filed may depend on where the parties live or where the events leading to the dispute took place. Determining jurisdiction can become complicated when business transactions take place over the internet or if there are multiple defendants, such as parent companies, involved.
Arbitration in a lawsuit with a business
Arbitration in a lawsuit with a business Another way a lawsuit filed against a business can be different than one filed by an individual is the parties may enter into arbitration to resolve the dispute. Indeed, arbitration may be required, depending on the terms of contracts that may apply to the dispute.
Arbitration is an alternative way for a dispute with a business to be resolved. Unlike a trial, state and federal rules of civil procedure may not apply. Additionally, unlike mediation, a neutral arbitrator decides the dispute.
In addition to potentially being mandatory, the results of an arbitration procedure may be binding. If the arbitration decision is binding, then it can be enforced by a court of law.
Arbitration has become an increasingly popular way for businesses to handle disputes. Often, arbitration agreements are built into consumer contracts. Though arbitration is usually a more efficient way to handle a dispute with a business, there is some concern the business has the upper hand when using these procedures.
Settling a lawsuit with a business
Lawsuits are expensive and time consuming for businesses, as well as consumers or employees who may file the complaint. Many businesses will try to resolve the dispute out of court to avoid the time and expense.
Settlements refer to agreements made out of court that stop the litigation procedure. Essentially, settlement agreements are a compromise between the parties; the plaintiffs usually receive some type of compensation and the defendants are not required to admit liability.
Defendants can also agree to some form of “injunctive relief,” such as changing a policy or practice related to the dispute that is the subject of the lawsuit.
Mediation procedures can often lead to a settlement agreement. In mediation, the parties meet with someone trained to mediate disputes. If mediation fails, the parties return to court to litigate the dispute.
Types of lawsuits against companies
Many business disputes involve a contract or an agreement between a business and a customer.
Another type of lawsuit that can be brought against a company may have to do with employment. An employee may claim the business violated state or federal labor laws, such as those regarding overtime pay, requiring unpaid labor or poor working conditions.
Consumers should also be aware that, if the amount that they are suing a business for is small, they may need to file their lawsuit against a business in small claims court. The parameters for filing a lawsuit in small claims court vary depending on the location of the court. Generally, the filing fees are lower and the time it takes to litigate a lawsuit in small claims court is shorter.
Can a lawyer help?
An experienced attorney can certainly help someone with a business dispute navigate the legal process. Further, the company hit with a lawsuit will most likely have their own attorneys to defend themselves from the claims.
An attorney can also help the plaintiff in a business lawsuit negotiate a fair settlement or aid them in arbitration or mediation.
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101 thoughts onHow Do I File a Lawsuit Against a Company?
Locked in a storage unit.
It’s a climate controlled building.
You enter your individual code, screen says your name and opens a garage door. You drive in park, go to unit (mines on 2nd floor) load/unload your car/truck/uhaul/etc, drive up to 2nd garage door (one way ‘L’ shaped drive inside building, with 4-6 inside parking spaces) enter same code and the exit garage door opens and drive out.
Someone is in the office till 4-6pm, They
used to be open till 10pm for gate access, at some point that changed to 9pm and I forgot and honestly wasn’t watching the time, I really didn’t know what time I arrived, or was leaving till I was locked in.
Was a busy day, Youngest child had a football game (I had to walk around selling 50/50 tickets I didn’t take my purse.
dropped her and her dad off at home went to middle Child’s house to pick up grandbaby for the night wanted to stop at the storage unit to grab a few boxes of Halloween decorations, then was stopping to grab dinner, ordered from phone and paid with card on file at thier website.
Pulled up to lock box entered code, said sorry closed call some number and blinked away….
What? Looked at clock said 9:04.
Phone battery low, turn off car so don’t breathe in CO2 fumes- several signs for this inside.
Enter code again, get same msg, I didn’t even get if it was an 800/888/866 # and was gone- great I have to remember a 9 digit number and I can’t even focus on the 1sr 3 #s before it blinks away.
Starting to have a panic attack, breath ok take a photo of it…
Enter code again- too many entries- the box locks for the next minute.
I’m starting to panic more, there’s no other button or switch anywhere to open this garage door- there is a side wall out door that opens, says fire door an alarm will sound- great- yes at this point being on the FD, open door 3 beeps and done.
But someone will come right? (This was false)
Back to code box finally get a photo of the number call them- do some prompts, think I hit the wrong one idk- pacing around inside the call drops.
Mmm probably because I’m in a steel and concrete building with little service.
Call again standing near door- on hold over 10 minutes I’m completely freaking out- needs the last 4 of my DL number to verify my account? I don’t have my purse I don’t know it- tell her to open door or calling police- pacing and call drops or she hung up idk.
Call police- I open door he comes in- he can’t open the garage door.
Tells me to call them again.
In mean time I get my DL # from BF at home. Phone battery really low, call again- they finally open the door.
The next day I get both a text msg and email stating I left after hours and shouldn’t do this, it’s against policy.
The girl who couldn’t verify my account to open the door- was able to know it was my account by my phone number- enough to add notes to my account that the girl in the office read back to me the next day- noted I was having a panic attack, and wanted to call the police, put this in my account but could NOT open the door, even notes the call dropped- but she didn’t follow up with me or the police.
If battery died on my phone I could only charge it by running car inside a closed up garage…. And this was assuming my flippy car charger decided to work correctly that day….
Made several calls complaining next day- I was kinda over it till I heard she took notes- wouldn’t open door- didn’t follow up after dropped call.
And all anyone says is I should’ve left before 9- not one person seems to care I was locked inside, says not false imprisonment because I could’ve walked out side door and left my car there.
I would like to file a lawsuit against Fashion Nova. I placed a order with this company and when my order arrived some of the items was damage and some had oil spots on them, others didn’t fit according to the size chart. Some of the seam in the dresses was coming apart. I contacted Fashion Nova so I could return the order. They sent me a return label. I sent the order back for a refund. I was told that they would give me a e-gift card. I explained that I didn’t want the e-gift card because I didn’t plan on ordering anything thing else from their company. I just want my refund of $269.86. I have been writing this company from August 3 – September 23. On September 8 or so the Fashion Nova sent me a email saying that they was sent me another order and was charging my credit card for a order in the amount of $287.87. I didn’t authorize this order. I received a phone call from the company on September 20, 2022. Someone from costume services contact me about the order. I explained to them everything that I have mention in this letter. So the guy asked me about my size and I explained that the dress was not the size of the size chart. And that some of the things was of poor quality. So I gave him my bra size and than it turned to a sexual harassment call. He ask me if me and my husband was swinger. That he wanted to put Vaseline between my breast and I’m sure you know the rest. He ask me if he could touch his self. Than I hung up the phone. Their are other who have had the same experience. I pull up the reviews on Fashion Nova and there are so many bad reviews on this company. I want to file a lawsuit on this company. I have emails and pictures of the call from fashion Nova.
I’ve bought 2 vanilla gift card and bfor they could b used the money was gone from the card. When I called to report it .. they said file a claim. I waited 30 days and they denied them. First card was for 250.00 used at a gas station in ky for the amount.. second one for 189.00 I used 162.00 to pay my dish and was going to use the rest for Netflix and it was used at some place online. I’m probably nt the only one that has bought them and been used bfor evening opening them. So I want to open a suit against them for 2m..
Cash App- refunded (my) money to my sons account (I had him holding onto it for me) that was scammed from him due to their lack of confirming identity. The money is in his account. The scammer had changed his password to get in. Cash app would not accept his paper permit for proof of identity. When I asked to “speak” to a supervisor to get the authorization to get into his account- they then CLOSED his account saying I violated their terms of service. Now, with no account- there is no way to reach them, they do not have a phone number. They kept his (my) money! By law it should have been sent out by check or be listed in unclaimed funds… can’t find it anywhere!
Civil lawsuit
My daughter and my wife and I has eaten skittles and starburst strawberry flavor and we noticed that we all have Diarrhea really bad and feeling very nauseous.Please someone recommend a good lawyer,for this cause my child shouldn’t have to go through this.
I would like a lawsuit against my former employer…
Costco after 20 years. I’ve got 1 month to file
I would like to start a lawsuit against C-spure a mobile company here in Mississippi.
My service is causing problems.
Mostvofbthe times I cannot dial out.
I miss phone calls.
It’s really hard and stressful.
I am dealing with whether or not to go ahead with a lawsuit on my former place of employment. Part of my job description was to take out trash out from the night before (evening shifts trash) when I came in the next morning on, mostly in trash cans, but this day they had stacked boxes on our big metal bunkers that we received inventory in. As I unloaded the boxes apparently, they had not locked the top shelf & it came down and hit me in the face HARD!! It was extremely cold & it took me a few seconds to recover from the shock & pain, and then it started hurting into my eye and face and burning horrible! I went and told the GM what had happened and filed and incident report, it felt like my nose was broken but it didn’t LOOK broken & I didn’t figure there was anything they could do if it was so I didn’t have it checked. The company’s answer to this & another employee getting hurt was USE THE SAFETY BAR! Which didn’t do any good since we didn’t even have one at the time, and when they did finally supply one some of the bunkers were so bent up that the shelves didn’t go back far enough for the safety bar to do any good anyway!! Fastforward 3 months and just had to see ENT and found out that I had a deviated septum from this!! UGH! I’m not for sure how bad it is yet, but I know for sure that I can’t even touch my face or bump it without being in horrible pain I have known that all along but I figured it was still bruised possibly. I am not the suing type at all! But 2 weeks before my incident, the same bunker shelf had fell on another employee’s head and almost knocked her out! It’s so frustrating, and now I’m going to possibly be facing surgery to fix this problem!! I quit the beginning of this month and I don’t want it to look like I’m trying to “get back” or anything, I had no ill feelings at all! Other than that they should have fixed this problem a long time ago before this literally kills someone!
I hope you got ahold of a lawyer. You definitely have a case. It’s not “getting back at them” if you quit, especially if one or all of the reason was because of the safety issues. A company has a strict duty to provide a safe working environment. Starting with, if there was suppose to be a safety bar then it has to have a safety bar. It is management’s responsibility to make sure of this, not the employees. They cannot just wait for someone to get injured before they fix it. Now, if they didn’t know it was dangerous, that would be different, but the fact that they were telling you to “use the safety bar”, when there was NO safety bar, shows they knew of the danger it somewhere down the line, management chose to ignore the problem due to cost or inconvenience.
A workman’s comp report should have been done
I want to file a law suit against Special Needs Group at Sea. This company was suppose to deliver a scooter to Princess Cruise Ship on 3-27-22 for by husband who is disabled and they never delivered the scooter or even had the courtesy to notify us that they had not delivered the scooter to the ship. I had paid them for this rental on 11-15-22 and was assured by them that the scooter would be on the ship the day of travel which was 3-27-22. They never contacted us to notify us of not being able to deliver the scooter or even apologize for not complying with the signed contract. I want to sue this company for damages, hardship and malfeasance. Also we were forced to rent a wheelchair from the Medical Department on the ship and I had to push my husband around on the ship, He was also deprived of going ashore because of not having the scooter. This company has shown a wonton disregard for the difficulties and hardship they caused us. Could you please refer me to an attorney that would be able to help us with this law suit?