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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.
101 thoughts onHow Do I File a Lawsuit Against a Company?
I’m living in another and there’s this website that is revealing all my personal contact & even name. I’ve attempted to contact them but they have not responded nor taken any action to remove my details from their website (it’s a well known/famous site that basically has all data/details of the owner of a particular contact no.).
May I know what actions can be taken as I am extremely in distress to see my personal details available online and wished to sue the owner of that website for not taking any action to remove my details.
This company keeps annoying me
Youtube slowed output of all my videos. Out over half million dollars from multiple slow downs and now takes months to get what were first day send out before slowings.
I would like to file a lawsuit against this waffle house in florida me and my wife just happened to stop by after a long drive. We were given a table by one of the servers and were harassed by 2 cooks who were not happy about our sitting there. The whole time since we sat down, while eating and even when leaving the cooks continued to complain about our presence and complained to the server (who was incredibly nice) about her actions. I sense there was racism in their actions too, the cooks were white and me and my wife are hispanic. The situation had grown so bad that the server passed on the names of the cooks as well as the number to contact the manager for the waffle house to make the proper complaint.
I have been with USAA for the last 24 years & have used their roadside assistance (Agero) rarely, but when I needed their help this year, they left me stranded twice in the span of a week. First when my engine coolant system died in Los Angeles, then again when my suspension broke in Long Beach. I was left stuck on the side of the road for 4-5hrs each time, only to have Agero call to tell me that my towing service had been canceled & I would need to pay $450 out of pocket to have them tow me with an out of network towing service, then submit my cost of towing to USAA for reimbursement. Since I was unemployed, living off of food stamps & unemployment, I clearly did NOT have $450. Additionally, the towing companies that had supposedly canceled said that Agero has done this multiple times – booked them for a tow, then canceled the tow hours later. Various members of Agero called to offer me compensation for what I had gone through, agreeing to send me two checks ($150 & $200), and 2 gift cards for $100 each. I accepted these offers & received the 2 gift cards but had to pay a fee to access the funds on them. I received the checks, cashed then deposited it. Agero then marked the check as a STOP PAYMENT, disputed it with my credit union & had it removed from my bank account without telling me because they decided they had overpaid me. I want to sue them.
I’m Beth Johns I’m 58 years old on Sec 8 Program live in Palmdale raised 8 children all graduated but 1 of 8 and she graduated May 29 2023
I just moved my sickly brother who 57 Wheelchair Bond fighting Cancer and also on SSI as I’m also .
We I’m the head dec 8 Holder I applied for a home that except Sec 8 and my credit score fit the qualifications but I was denied the chance to be except because my sick brother credit wasn’t fitting the requirements he sick and a senior on SSI
I went to Burger King for dinner last night (04/05/23) I ordered an Impossible Whopper meal. When I got home to enjoy my dinner, I ate my fries which were good like usual. But while I was in the middle of eating my burger, I realized that it was a little pink in the middle. Now I’ve worked at BK before and I know the patties are frozen but they are to be cooked for a certain amount of time and they are too check the middle before making the burgers. I obviously got food poisoning and had to call off of work due to it.
I’m Beth Johns I’m 58 years old on Sec 8 Program live in Palmdale raised 8 children all graduated but 1 of 8 and she graduated May 29 2023
I just moved my sickly brother who 57 Wheelchair Bond fighting Cancer and also on SSI as I’m also .
We I’m the head dec 8 Holder I applied for a home that except Sec 8 and my credit score fit the qualifications but I was denied the chance to be except because my sick brother credit wasn’t fitting the requirements he sick and a senior on SSI
The impossible is a veggie patty lol. It is pink even after it’s cooked lol. ESP in the middle haha
I would like to file a class action lawsuit against JPay for taking our JPay 5 tablet that we paid for and not giving our money back or the tablet how can I start this
Went to Chick Fil A for lunch and ordered a Cobb salad. Went back to work and started eating it when I noticed a worm on a piece of lettuce. I’m so disgusted right now. I’m sure this is a health violation or something. I need to file a lawsuit on them.
I take my car to replace .y transmission and had to take it to dealer the next day they demanded my car it undividable and being money fix what the damaged
I need to talk to someone about Westlake Financial.. My daughter financed a suburban with them 4 years ago. She got it for 10,000 grand. Has paid for four years. She called to get a payoff from Westlake Financial today and was told ( keep in mind she has paid 16,000 dollars towards this truck already) they told her she still owes 7001$. Then she proceeded to ask them why so high still? He explained that out of the 16,000$ she’s already paid them only 3,017 has came off the 10,000$ from 4 years ago.. And I myself financed a four runner thru them. Called for payoff said it was like 1700 and some change. Told to get cashiers bank check and mail in. I did they got it. Took 6 months for them to release my title. Got it and me my daughter her husband and three kids are looking for bigger home. Filled out for mortgage checked our credit and there is a charge against mine right now from Westlake for $2.17 app. And back to my daughter, mortgage broker called us and said on.my daughters only 30 points from getting financed that if she was one day late on payment ( there’s a grace period) that westlake would turn in to credit bureau 30 days late.. This is probably not the only two people who have had problems with Westlake Financial.. IT JUST ISNT ADDING UP. Tammy mikell sexygrammy420@gmail.com. please if anyone can help.. We are living in small three bedroom home. Its 3 adults and 3 children. Husband and wife(daughter) me yaya, and boy 4 boy 8 and girl 6. We have a home but because of WESTLAKE FINANCIAL we are 30 pts away. 30 points are keeping us from doing it. Only them..please contact me asap if someone knows someone…TY TAMMY
Hi Tammy I too am having the same problem w them. I have only had car for 8 months but I’m at 22% interest so my pay off is still at what I bought it at, also I put 3000 down and they told me that did not go on the car it went to dealership. Crazy and something should be done