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Generally, you must file a suit in the county where the party that is being sued lives, where the incident that brought about the claim occurred, and where the services involved in the claim were performed. The Justice of the Peace in each county is the judge for the Justice Court.
Be polite. Don't personally attack your adversary, even if you believe it's deserved, because it invites the other side to respond similarly. Calm people are more believable because it demonstrates their confidence in their position, including when presenting an argument in court.
Frequently Asked Questions (FAQ) Type your letter. ... Concisely review the main facts. ... Be polite. ... Write with your goal in mind. ... Ask for exactly what you want. ... Set a deadline. ... End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies.
Pursuant to [STATUTE / CONTRACTUAL PROVISION], you are hereby given notice that [CLIENT] intends to commence a lawsuit against you for [AMOUNT OF DAMAGES OR EQUITABLE RELIEF] due to [DESCRIBE CONDUCT OR INCIDENT THAT SERVES AS THE BASIS FOR THE LAWSUIT].
Here are five points to keep in mind when drafting a pre-litigation demand letter: Clearly state the nature of your demand. ... Stick to the facts and avoid inflammatory language. ... Consider the applicable ethical constraints. ... Follow the requirements of any applicable contracts or statutes.
(In the trial court, the first name listed is the plaintiff, the party bringing the suit. The name following the "v" is the defendant. If the case is appealed, as in this example, the name of the petitioner (appellant) is usually listed first, and the name of the respondent (appellee) is listed second.
An intent to sue letter should have the addresses of both parties, a detailed description of the dispute, the settlement demand (e.g., payment amount, cease and desist, repair damages, etc.), the sender's contact information, and the deadline for the proposed settlement.
After you file your lawsuit, you have to let the defendant know that you are suing them. Usually, the defendant knows about the case a long time before it starts.