Whether you are currently involved in a business partnership that has gone awry or you have paid for a product or service that was not properly fulfilled; perhaps it was never delivered, damaged or not what you paid for, you may be considering the option of suing the business entity.. Before suing a company or a business of any kind or moving forward in a court of law, there are a few factors to consider to ensure you are protected.
Review Any Contract You Have in Place
Before you begin seeking out legal assistance with a case involving another business, it is important to review any contract you currently had in place with either an individual working for the company or the business you are suing itself. Reviewing the terms and conditions of the contract is the best way to gather information and evidence to support your side of your case. Documenting and labeling your evidence is also another way to ensure you move forward efficiently with any case you are filing.
Legal Costs and Fees
Consider any legal costs and fees you may be required to pay upfront when hiring a lawyer to take on any case against a business you are suing. Sometimes the cost of litigation exceeds the value of the recvovery. Ensuring you are capable of paying for any legal fees and that they make sense is the first step in moving forward with your case.
Review the Statute of Limitations in Your State
If you are no longer in an active contract with a business or company you are suing, it is important to review the laws in your state regarding the “statute of limitations.” In some cases if you wait too long you can not bring a legal action in civil court since the laws limit the length of time in which cases can be filed..
Performance
When the company you have hired to work with or together with is not performing, you are capable of suing the business. If a professional is unable to perform the services you have purchased or provide the products you have bought, this is also considered a breach of any contract you may have in place. In most cases a a sales receipt can be considered a contract.
Breaching of Contract
Additional breaching of contract can also occur if you have formed a partnership with a business or corporate entity. Whether individuals who represent the business are not performing, unwilling to communicate or are conducting business without your consent, you may have a case of a breach of contract. Review all of the evidence you have against the business you are trying to sue before seeking out a lawyer to represent you.
The more time and effort you put into researching the law in your state or city, the easier it is to ensure you are capable of taking on any business who owes you or who has taken your money without delivering a service or product. Understanding all aspects of suing a business before moving forward with filing your lawsuit is a way to feel more prepared and confident with any case you are dealing with.
Bruce Robertson
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