Filing a lawsuit against a company involves specific legal steps, from documentation to court procedures. This guide outlines key processes and considerations.
By Brad Nakase, Attorney
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Although suing a corporation might seem like a huge undertaking, it’s really quite similar to suing any other person or entity. After all other options have been exhausted, customers should know that suing an organization is always an option.
Before suing a company, an unhappy consumer should think about what they’ve done so far and collect any relevant paperwork. Emails, complaint letters, or call logs could all be considered documentation. It is also important to collect any relevant agreements, contracts, or terms of service with the company.
No matter how big or little, for-profit or non-profit, or even a government agency—any individual or group can sue any company.
In contrast to criminal proceedings, where an official body accuses an individual of wrongdoing, civil cases involve disputes between private entities.
Filing a civil lawsuit against an individual, company, or other entity involves the following standard procedures:
If you’re suing a company instead of an individual in a civil case, you’ll need to figure out who or what to serve the complaint and summons on, as well as where to file the lawsuit. You must ensure that you sue the right defendant or defendants. Loss of litigation or complaint dismissal may result from failing to do so.
In certain cases, it could be difficult to determine which legal body should be named in a lawsuit. The customer’s familiarity with the business name may differ from the registered name, which could be a problem. A company’s formal name might be anything like “Fine Food Company, doing business as XYZ Restaurant,” yet its customers might know it simply as “XYZ Restaurant.”
Any number of parent businesses may own the storefront business; the lawsuit may need to list these companies.
Additionally, the company’s registered agent may require service of a complaint and summons.
One way to make sure a company is legitimate is to look them up online. A county clerk’s office or the secretary of state’s office could also be a good place to look for the company’s name.
Additionally, the proper venue for a lawsuit against a company could be a point of contention. A court’s “jurisdiction” to hear a case may be based on the residence of the defendant or plaintiff as well as the location of the disputed conduct. Online commercial transactions or cases involving numerous defendants (e.g., parent companies) might make determining jurisdiction more difficult.
One more distinction between individual lawsuits and those brought against businesses is the possibility of arbitration as a means of conflict resolution. Depending on the applicable contract provisions, arbitration may be necessary to resolve the disagreement.
Arbitration is an alternate dispute resolution process that businesses can use. A civil procedure hearing may be exempt from federal and state regulations that govern trials. A neutral arbitrator, as contrast to a mediator, makes the final decision in an arbitration case.
Not only are arbitration procedures sometimes obligatory, but their decisions are often legally enforceable. If the arbitration ruling is legally enforceable, a court can choose to recognize and implement it.
The use of arbitration as a means for resolving commercial disputes is on the rise. Contracts entered into by consumers frequently contain arbitration clauses. There is apprehension that businesses may gain an advantage in arbitration proceedings, despite the fact that this method of resolving disputes is typically more efficient.
It takes time and money to bring a lawsuit, and that goes for companies too, whether it’s consumers or employees. To save money and time, many companies may prefer to settle their disputes outside of court.
The term “settlement” describes an out-of-court agreement that ends the lawsuit process. To put it simply, settlement agreements are agreements between disputing parties wherein one party agrees to pay the other party money and the other party agrees not to admit fault.
Another option for defendants is to reach an agreement for “injunctive relief,” which could involve the modification of a policy or practice connected to the lawsuit’s subject matter.
A settlement agreement is a common outcome of mediation procedures. When a conflict arises, the parties involved can seek the assistance of a mediator. After the parties’ attempts at mediation have failed, they will take their case to court.
A contract or agreement between a company and a client is at the heart of many commercial problems.
The issue of employment is another potential basis for a lawsuit against a business. The employee may have grounds to sue the company for violations of federal or state labor regulations, including those pertaining to unpaid labor, unsafe working conditions, or overtime compensation.
Also, customers should know that small claims court may be the appropriate venue for lawsuits involving relatively minor sums of money. Procedures for bringing a minor claims case differ from one courthouse to another. Litigation in small claims court typically takes less time and has reduced filing expenses.
Anyone involved in a business dispute would benefit greatly from the guidance of an experienced lawyer. Plus, the business facing legal action will very certainly have lawyers on staff to counter the allegations.
An attorney can also be of assistance to the plaintiff in a commercial action during mediation, arbitration, or settlement negotiations.
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