Filing a lawsuit

Filing a lawsuit is not something to do just because you need money, or because you want revenge.

The only valid reason you shoud really file a lawsuit is if you have a legimitiate issue that cannot be sorted by other means.

Litigation is a very serious situation that's both time consuming and costly to everyone involved.

However, when the sitatuion truly requires legal action, it is best to be prepared.

1) First, figure out whether you really need to get the law involved or if it's just a minor issue that can be solved out of court. Try hard to resolve the dispute without the aid of courts first, because it will be far easier and less costly.

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2) If the party who hurt you has already given you compensation in exchange for your signature on a document, then review the document you signed.  You may have already promised not to sue them, in which case you can proceed no further. If you make a settlement, you can't sue. In some cases making a settlement can include receiving payment in kind. For example if your property was badly damaged you may have your property renovated by a third party firm who have been agreed to do so instead of receiving cash.

3) Think about hiring a mediator. Professionals exist who can help you resolve a dispiute without needing to file a case. Many mediators were once lawyers or judges themselves, so can help in this  situation.

4) Consult an attorney before you file the suit. The attorney can advise you, help you to proceed and some may represent you “pro bono” (for free).

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5) If you do not wish to hire an attorney, you may file the lawsuit pro-se, this means advocating on one's own behalf before a court.

6) If you want to file pro-se and seek a small amount of money, file the lawsuit in small clams court. Most small claims court cases are for disputes with a low monetary amount. (usally less than $5,000)

7) If you are positive you require an attorney and wish to file a lawsuit, estimate how much risk compared to reward there is.

8) Don't wait to long before you start the process. If you wait to long it may be too late to file suit.

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