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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?
I would like to file a suit Against credit acceptance company.I got my car through them and I believe they are a big ripoff..very misleading also
I’m also not happy with this company. In a situation trying to establish credit and I feel they take advantage of of people in bad situations and make them worse.
I need help to file countesuit for false allegations on a file false claim for wish I lost my leads from build zoom
I purchased prescription glasses from Eye Associates of New Mexico they told me that I would basically wait up to 3 weeks to receive my prescription glasses it has been 9 weeks and I have not received them they keep giving me the runaround saying it has to do with Medicaid but Medicaid already paid I’ve been without my glasses for 9 weeks I really need to see my prescription is very bad I just don’t understand how they say 3 weeks and it’s already been nine and still no glasses
You should call your state Medicaid office or the number on the back of your card. Explain to them the situation and make sure to document who you speak to the date and time. If Medicaid said they approved your prescription for your glasses get the approval reference number and what date it was approved. Have the Medicaid mail or email you this documentation. Then take all your documents and information you gathered back to the eyeglass store and demand to speak with the corporate or district manager. Make sure you have back up copies of your paperwork. Do not leave until they give you the corporate information. Address, phone number, name of manager and district manager. Leave them with one copy of what you gathered and tell them they have 5 business days to get your glasses and if they decide not to inform them you will be heading to file a suit against them for medical malpractice and charges for theft. When you get back home look for an attorney for medical malpractice and insurance fraud.
I need a lawyer for complex case and trying to do a fake claim
I would like to file a lawsuit against a company called MBGRAM. I bought a car part from them on their website on March26,2022 and they said it would ship out in 2 weeks. The 2 weeks passed and I tried to call them to see where my part was and no one answered and they still don’t answer to this day. I emailed them and I get an automated message saying it is a special order and it is scheduled to ship in 1-2 weeks. I can email them right now and that’s the message I get. It is January 17,2023 and still no part, no one answers the phone, and same automated message. My car has been sitting at my mechanic’s garage the entire time. That costs money. So I would love to have any recommendations on how to sue this company and shut them down forever. This has happened to over 500 customers at least and these people should be put in jail and never be able to run a business on the internet and in the United States.
I place a$20 sport bet about a few week ago on Vivid picks i won n they stated that i would receive my winnings in 7 days but its been almost a month now they took my money abd refused to pay me my winnings
I would like to file a lawsuit against NTB for discrimination . I walked in to get a oil change and was refused service because I wouldn’t get the oil they suggested.. meanwhile I was just there a month ago and chose the same oil I was there to get they day of service .. so there was no real reason for the refusal of service because we didn’t even have a argument or anything with him.. so I was discriminated against which it’s clearly stated in there contracts is prohibited
I went tore o Chicago on a vacation that I was supposed to go on with my brother and mother for her birthday last year. Three days before my brother passed away. this year myself and mother decided to go not long after her birthday she passed away. finally, I decided to go along after she passed away after planning her funeral and dealing with family feuds and drama i had to get away. while staying at Navy Pier, went for a drink to relax. I go back to my room to enjoy my drink. After I finished i see buried under ice large metal screw as long as my cup. I made a report went to business. I was told the manager will call me, but nothing not a phone call apology nothing. My trip was ruined.
Was thrown under the bus corp do using my c card’s w/o authorization when told no had to call everyday 2-4times fraud me and mental anguish plus plus plus and scammed on my Am/express plus incompetent to me
I have been repeatedly harassed by one of my managers at mcdonalds and I have brought it up to other managers and my general manager which she assured me she would talk to her and try and stop it. Its been going on for 5 months every time she works with me. She still kept on and then my general manager says she’s gonna switch me to mornings to get away from her so I was thinking finally maybe this will stop and I can enjoy work again…. Well I was working one morning and she was there and started in on me again following me around the store running her mouth and just going on and on and on I tried my hardest to ignore her but then I tried to step away and get a drink and calm down and she proceeds to follow me all the way to the break room still running her mouth. So I finally blow up and yes I cursed and yelled (she did as well) but i had been pushed to my limit I couldn’t handle it anymore. So she then tells me to clock out and I’m fired so I do and then I try and call my general manager she would not answer my call and I called her about 6 times and she was forwarding my calls. So I thought maybe I’ll give her some time to reply or call back, well I never got a call back so I called the store the next day and she answered so I asked her if I could tell her my story and my side of what happened she tells me it doesn’t matter I’m fired anyways she just took the managers word and was just gonna leave it at that. Which I didnt think was fair because she was the one HARASSING me this whole time, a person can only take so much. Well I didnt want to lose my job so I decided to try and find a way to get ahold of a higher up lady to try and get this lined out. I tell her what was going on and she seemed to care and took my phone number so she could call me back and talk about things further. Right after I hung up with her my general manager called me back and tells me that 2 employees just came forward and said what really happened that day( defending me) and that they saved my job. But i would have to be suspended for a week and that I could come back to work on the 26th of October and thats the last thing i heard from any managers. Then my general manager tells my girlfriend that works there that we all need to write out a statement and give details on what has happened and what was said and explain everything so my two witness me and other workers were asked to write these statements so they could be used in a meeting with the big bosses so we all did and then heard nothing after that. At this point I haven’t been told anything different so I show up to work today like I should ( I was scheduled off on Wednesday so today was supposed to be my first day back) I’m completely dressed and ready for work and then I find out that “I’ve been terminated” without anyone getting my side of things or even include me in their meeting. Not even one phone call or anything saying i was fired.But nothing has happened to the manager that was harassing me. But I have to serve a week suspension with no pay and apparently lost my job and she is still there working like nothing happend. Please I need help to point me in the right direction I refuse to let this keep happening to me or anyone in the future. Also at work there is not just one but two signs that talk about harassment in the work place and how it will NOT be tolerated but at this point I feel like those signs are a joke.
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