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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 purchased an item on the Walmart app, at checkout it asked me if I would like to see if I’m pre-approved for a Capital One Walmart credit card, and it says very clearly there is no risk to your credit score.
So I click on the link and it takes me to my Capital One website, and very clearly at the top of the page it says see if you are pre-approved at no risk to your credit score.
So I fill out the information, and click finish, and it says congratulations you are a pre-approved. 2 minutes later I start getting emails saying there’s been a change to my credit score and credit report, there has been a hard inquiry on my account.
Now both Walmart and Capital One links said there would be no risk to my credit score, yet there was a hard credit check done, even though I have two credit cards already with Capital One, and have been pre-approved on a car loan, there was a hard credit check done regardless of what they said and guaranteed.
This is a classic bait and switch which they should not be getting away with, if it was done to me it’s been done to others, there should be consequences for this type of corporate behavior.
Verizon fraud and in-house recovery team keep creating fraudulent account in my name and other people information that don’t stay with me
I was molested at 16 years old in 2006 by another employee who was 21 at the time;from Kronys pizza. I now have mental illness for life since 2009 or earlier, and have had several hospitalizations since.
Eric A. Flores
On January 04, 2022, I hired Tax Group Center to assist me with my IRS taxes. I have been back and forth with this company for over a year.
On several occassions i have sent them all documents they have requested, pertaining paperwork relating to the Financial Staments (433A, PAO and 3 months paid stubs).
These documents have been with TGC over one year.
On several occassions I have requesting that Tax Group Center forward me what they have done to solve the IRS tax issue that they were hired for back in 01/04/22 and for what year.
As of yet, I have not received any breakdown of service from anyone that TGC has provided to me in resolving the IRS tax issue.
This is a break down of what I’m in debt for including TGC.
January 04, 2022 – $1,500.00 – a fee prior to service being rendered to TGC to help me solve the IRS issue. (PAID)
January 24, 2022 – $6,500.00 – a contract (monthly payments of $242.38 to United Consumer Financial Services) for the service that I have
not received information for.
April 04, 2022 – $2,533.00 – My expected 2022 refund was applied to a past due IRS tax obligation. Which i have no knowledge of and for
what year. Again, something TGC was supposed to be working on.
Total – $10,556.00
This company has not provided me any written notification as to what service they have provided to me.
I look forward to hearing from you soon.
Thank You
Eric A. Flores
I ordered a supplement from Snap Supplement, and I told the I would like return them because they are not working. Everytime I send them an email, they are not excepting them.
I need some assistance with filing a claim and during this company
I own a business Kaia wigs & use Affirm as one of my payment options for customers. Few customers changed there mind about purchase so I refunded the amount through Affirm Merchants portal. Affirm processed orders. I contacted Affirm via email which is the only way for a business to contact them. And asked if they could reverse payments. I was told no it would be taken from future sells. As time has went on every sell using Affirm doesn’t get release to Kaia Wigs its held by affirm. Recently I checked balance with Affirm and was told it was now $685.59. I explained that Affirm has been holding $2239.87 since November until now. I asked them to please take the $685.59 and release the remaining balance to Kaia Wigs I got no response back. I have no way to resolve this Affirm has no business customer service number and wont response to emails. This has been affecting my business. Affirm makes money off every order from my website and keeps there share but holds Kaia Wigs share without resolving balance with financial institutions.
This company owes me back pay from Jan 1 to may and I have paperwork saying I was going to get a rises but never did so I put up with the stress for 6 months and put my marriage on the line and everything thing else
Undue stress from my employer caused my heart to fail, pacemaker installed, trauma from constant unobtainable deadlines and expectations going way beyond my scope of job description. I’ve quit due to my health but feel I deserve compensation. There are others that still suffer there.
I had got hired by a company in MN . When I got hired the QA manager told me she didn’t want me trained by certain people cause they don’t do all the steps and always taking short cuts. So she recommended me be trained by the supervisor. Well of course everyone knows a supervisor can’t properly train if they going in and out of the lab and has to do there job also . So most of the time I was told to do convergence on the computer. I did get taught to do a couple tests on some products and that’s all I basically learned . So when workers would bring papers to the window , I had no idea what it was or what to do with them . Which I had replied that to the worker and said sorry. . Well on a Friday I went into work found out the QA manager was no longer working there and I got told by the supervisor that she is not allowed to train me anymore and she wanted me to get training from someone that they didn’t want me with in the first place and also the woman made it perfectly clear she didn’t wanna train. So basically I felt I was being set up for failure. I went to HR dressed my concerns and she told me we feel your not a good fit for our company, because I got swindled into the QA position after I applied for the QA supervisor position. When I asked HR told me I was qualified and that was explained to me in my interview which was a not accurate at all. So again when after she told me I wasn’t a good fit she messaged me at 5:19 pm asking me to meet with her on Monday. So my first thought is I have to record this and I did and all she did was lie about my performance. Which there is cameras in the lab for proof.
I’m thinking there is something I can do cause I literally quit my other job to come there and now I’m jobless.