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About.....
Taking Legal Action
Life Advice
Helping You Make Sense of It All
"You'll be hearing from my lawyer!"
This sounds great on television. People with
clear-cut complaints hire legal eagles who make mincemeat out of the
opposition. And, of course, the good guy always wins. But television isn't
real life, and all legal cases aren't quite so simple. Becoming embroiled
in legal action can be draining both emotionally and financially. So
before contacting a lawyer, take a brief look at what's involved.
This Life Advice® Program
pamphlet about Taking Legal Action was produced by the MetLife Consumer
Education Center and reviewed by the Division for Public Education of the
American Bar Association and the Legal Services Corporation. Editorial
services provided by Meredith Custom Publishing.
What Type of Complaint Do I Have?
In our justice system, complaints come in two categories:
Criminal complaints may be signed by victims but typically are brought by a state or federal prosecutor, such as a state's attorney or district attorney, against an individual who has been accused of committing a crime such as theft, arson or murder. Even if you are the victim of a crime, you cannot bring criminal charges yourself. Only a government prosecutor can file such complaints.
Civil complaints, on the other hand, are usually initiated by one or more private individuals or corporations against other individuals or corporations to seek compensation for claimed damages or injuries. This is the type of legal action discussed in this pamphlet.
Where Do I Bring My Complaint?
The United States has two principal court systems: federal and state. Generally speaking, your lawsuit may be filed in the federal courts if it involves a question of constitutional or federal law. Other civil matters are usually heard in a state court. Sometimes a suit may appropriately be brought in more than one court. In such cases, a lawyer can usually advise you on the most advantageous strategy.The federal system is comprised of three basic levels of courts:
Both federal and state court systems also have certain specialized courts. For example, the federal system has bankruptcy and tax courts. Many states have traffic, family, probate or small claims courts.
Many people choose to take their complaints to small claims courts because they are able to represent themselves and avoid lawyers' fees. State small claims courts handle disputes under a certain dollar amount, usually no more than $1,500 to $5,000. You may be able to bring a lawyer to small claims court, but if you are handling your own case (known as pro se representation), you would generally follow these steps:
- Obtain a complaint form from the small claims court clerk. The location of the small claims court can be found in the government listings of your local telephone directory.
- Complete the complaint form, stating the name of the party you are suing, the nature of your complaint and the amount of money you are requesting.
- File your complaint with the clerk and pay the required fee (anywhere from $5 to $40).
- Gather all pertinent information such as canceled checks, contracts and correspondence.
Often in small claims court, the complaint is combined with the summons into one document, which is served on the person you are suing. The complaint outlines your legal claims; the summons tells the other party when and where to appear. This document will also tell you when and where to appear. Generally, you each will have an opportunity to tell your side of the story and to present witnesses. If you bring a complaint in small claims court and the case is transferred to the trial court at the request of the party you are suing, you probably should consider hiring a lawyer. Procedures are more complicated in trial court, and you may be at a disadvantage without a lawyer.
That depends upon the nature of the case and the amount of money involved. If you are trying to get back a $500 security deposit from your landlord, it may not make sense to spend the money to hire a lawyer, especially if you are willing to take the time and trouble of pursuing the case yourself in small claims court. On the other hand, if you have been seriously injured and are suing for a large amount of money, you probably should hire a lawyer. The lawyer may accept your case on a contingency basis, which means he or she will get a predetermined percentage of the money you are awarded. If you do not win your case, the lawyer is not compensated. Other lawyers charge by the hour or agree to a flat fee. Even if you hire a lawyer on a contingency basis, be aware that you generally will be responsible for court costs, such as filing fees. Be sure to get your fee agreement with the lawyer in writing.
If you do decide to hire a lawyer, shop around. Ask friends and acquaintances for referrals, or contact the local bar association. If you need a lawyer but can't afford one, you might be able to get legal help from your local Legal Aid Society, a group that, within its limited resources, provides free legal assistance in noncriminal matters (check the white pages of your telephone directory).
Filing a lawsuit in a trial court is similar to suing a person or entity in small claims court. There, too, the case begins with a complaint and a summons notifying the party you are suing of the action against them and of the date and time to appear in court. Usually, a local sheriff or process server serves the summons.
The party you are suing then has an opportunity to answer the complaint and/or file a countersuit against you. This process of complaint and answer is called pleadings, and once the pleadings are completed, both sides prepare their cases.
The next step in the process is called discovery. This is where each side learns information about the opposing party through sworn oral statements (depositions) and/or sworn written statements (interrogatories). Remember, the opposing party has the same right to question you.
Often, during discovery or at a pretrial conference, an offer of settlement is made. If both parties agree to the terms of the settlement, a trial is unnecessary. Most cases are resolved this way. If you are unable to reach a settlement, your case will proceed to trial. Generally, if you win your case, you will receive compensation in the form of damages.
The law is a complex process of rules and procedures. If you aren't sure you have a claim or don't know where to file your claim, you should consider seeking legal advice. Even if you decide to represent yourself, some initial legal guidance may result in a more successful outcome.
BOOKS
The American Bar Association Family Legal Guide Times Books $35
Life Advice® Program price $28
Call 1-800/793-2665 to order and mention reference number 032-04. Price and
availability subject to change without notice.
The Consumer Bible, 1001 Ways to Shop Smart Mark Green, Workman Publishing $14.95
Life Advice® Program price $8.97
To order the 650-page Consumer Bible, send your check or money order payable to
Packaging Fulfillment Specialists to: Life Advice®
Offer, Packaging Fulfillment Specialists, 1077 Prospect Lane, Kaukauna, WI
54130. Add $3.00 postage and handling for the first copy ordered and 75 cents
for each additional copy. New York and North Carolina residents add applicable
sales tax. Please be sure to include your name, address and phone number and
indicate that you are ordering The Consumer Bible. Allow 6-8 weeks for delivery.
The Consumer's Guide to Understanding and Using the Law
Daniel Johnson, Betterway Books $14.99
The Court TV Cradle-to-Grave Legal Survival Guide
Steven Brill (Ed.), Little, Brown & Company $19.45
PAMPHLETS FROM THE FEDERAL GOVERNMENT
The quarterly Consumer Information Center Catalog lists more than 200
helpful federal publications. For your free copy write Consumer Information
Catalog, Pueblo, CO 81009, call 719-948-4000, or find the catalog on the Net
http://www.pueblo.gsa.gov/.
RELATED LIFE ADVICE® PROGRAM PAMPHLETS
See other Life Advice® Program pamphlets on related
topics: Being
Sued, Divorce,
Having
Credit Problems, Bankruptcy,
Establishing
a Trust Fund, Making
a Will, Losing
a Job, and Dealing
with Disability. To order, call 1-800-METLIFE.
Additional Resources
ABANetwork
The American Bar Association has a web site with an abundance of information on
topics like how to find a reputable lawyer.
Court TV Law Center
From Teen Court to the latest Supreme Court decision, the Court TV site has a
plethora of court related information.
legal dot net
This site, coined the "Legal Network for Everyone," has everything--
from a directory of legal services to legal chat areas for both attorneys and
non- attorneys.
The 'Lectric Law Library
A humorous legal resource with a variety of court cases. It even has a
librarian, Ralf, to show you around.
Nolo Press
The Nolo Press self-help law center has an abundance of articles on issues
related to taking legal action.
Legal Information
Institute- Cornell Law School
Cornell Law School has created this extremely informative site with a range of
legal resources for attorneys and non-attorneys. Heads up: some of the material
can be pretty dense.
Internet Information
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