Have you contracted with someone for services and they have failed to hold up their end of the bargain? Have you performed services for someone and have not been paid? Depending on how the contract states disputes will be handled, it might be time to file a lawsuit!
Where do you start? First, you must determine the appropriate court to file in. What you’re suing for, where the dispute occurred and where the parties reside play a major role in determining where to file a lawsuit. If the contract is silent on this issue, the Michigan court rules govern. For example, let’s say you were retained to perform consulting services in Detroit and have outstanding invoices totaling $10,000. The person you provided services to also resides in Detroit. Michigan rules dictate that type of case should be brought in the 36th District Court, one of the busiest district courts in the nation.
Once you determine the appropriate court to file a case in, you must appropriately draft and file a complaint, which commences the lawsuit. You must then properly serve the complaint on the Defendant, the person that you are suing. There are strict rules concerning the format of the complaint and for serving the complaint. For example, once the complaint is drafted and filed, you cannot simply mail it first-class mail and satisfy the rules. This is JUST the beginning. The rules of civil procedure are voluminous, stringent and can be difficult to navigate. Even if you have a good case, navigating a civil lawsuit alone is dangerous. Without the requisite knowledge of court rules and case law, you can make a simple error and chance having your case dismissed. You don’t have to do it alone! GLLG has vast experience with a variety of civil lawsuits. Are you having a dispute? Contact us today to assist you!