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21st Jan 2014

Q:  We are giving serious consideration to suing someone who owes us money. Any basics on what we should consider before taking the plunge?

— F.S., Torrance

A: A good summary can be found online at the Orange County Superior Court website. In your Web browser type, “Orange County Superior Court, Before You File.” There is a list of questions, starting with do you have a good case? Other basic questions to consider: Is your lawsuit timely (not barred by a statute of limitations), how much may it cost compared to how much you might actually recover, how much of the ups and downs are going to be tolerable for you (and how much patience do you have), is the law favorable for your case, what actual evidence do you have to support your case, and, are there credible witnesses on your side?

Another inquiry of import: Are there alternatives to suing, such as a written work-out (if this person owes you money, agrees in writing to pay over time, and provides some valuable collateral, would that be satisfactory?). And, of course, will you be able to find and serve the person, if you do file?

Q: What do I have to do to actually file a lawsuit?

— B.B., Long Beach

A: I found a good summary at the website of the Santa Clara Superior Court (in the Web browser, type “Before you sue – Santa Clara Superior Court”). There are basic forms required — summons and complaint, and typically a civil case cover sheet (check the court’s local rules as to what forms are needed, which you should be able to find online). Some form complaints can be found online at the website of the California judicial council (www.courtinfo.ca.gov/forms).

Determine the proper location of the court in which to file, known as the venue. For example, the venue may be where the defendant resides, or where the incident occurred, depending upon the nature of the case. Can you afford the required court filing fee, and, if not, do you qualify to pursue the case in forma pauperis (which you can read about online as well). How will you go about serving the defendant and, what happens if the defendant answers; on the other hand, what happens if the defendant does not answer? Finally, what about having a lawyer represent you? If so, on what terms?

Attempted humor

Some readers encourage me to be funnier. So, here are a few (hopefully) inoffensive jokes to conclude this week’s column: What kind of case would a lawyer have if he were injured in a pool? A bathing suit. … When words break the law, what happens? They get sentenced. … Finally, did you hear about the attorney who wants his new baby daughter to grow up to be a trial lawyer? He named her Sue!

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSEsq@aol.com or write to him at Ask The Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503. This column is a summary of the law and not a substitute for legal consultation on any particular case.

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