What is a lawsuit?

A lawsuit asks the court to force someone to do something, like pay money or move out of an apartment. There are many different types of lawsuits a person can bring.

.Usually, the person that starts the lawsuit is called the plaintiff. The person they sue is called the defendant. A person can sue multiple people in one lawsuit. They can also sue businesses or government officials.

Deciding who to sue in a lawsuit

Before filing a lawsuit, the plaintiff must decide who to sue. They must also decide in what capacity the defendant should be sued. This is not difficult when the plaintiff wants to sue a person, but suing a business can be more complicated.

Suing a person

A lawsuit should state the defendant's full name. For example, David D. Donalds. A person should not use initials or titles, such as Mr. Donalds or Mrs. David Donalds. These names are not specific enough to name a defendant.

Suing two or more people

If the plaintiff is suing based on an event or set of facts that are the same against 2 or more people, they should name all defendants as parties in the same lawsuit. For example, David D. Donalds and Debbie Donalds.

People with more than one name

Sometime people are known by more than one name. In this case, both of the names should be listed. This may be done by using the abbreviations a/k/a (also known as) and f/k/a (formerly known as). For example, if David Donalds regularly uses the name Joe Jones, the plaintiff would name the defendant as David Donalds a/k/a Joe Jones. If Debbie Smith was unmarried at the time of the incident but is now married to David Donalds, the plaintiff would name the defendant as Debbie Donalds f/k/a Debbie Smith.

Suing a business or company

When suing a business, a person needs to have both the legal name of the business and the name of the registered agent that represents the business. Sometimes, the owner of the business will be the registered agent of the business. A person will also need the address of the registered agent to properly serve the company with a lawsuit.

First, a person must figure out if the business is incorporated or licensed in the state. If a business is incorporated, they will need the name and address of the registered agent.

Businesses usually have an attorney. However, they may defend small claims lawsuits for less than $1,500 through a representative of the company.

To find out if a business is a corporation and what its legal name is by looking through the Certified List of Domestic and Foreign Corporations. You may search the list by calling the Illinois Secretary of State's Incorporation Division at (217) 782-6961.

A person can also search the online databases of the Illinois Secretary of State.

• Begin by conducting a keyword search of the Corporate/LLC Database. If the business doesn't show up there, conduct a KEYWORD search of the LP/LLP Database.
• On the search results, click the name of the business that best matches the business. Information about the business will then appear on the screen.
• Write down the Entity Name of the corporation. List the Entity Name as the defendant in the lawsuit. Next, write down the name and address of the agent. This is the registered agent for the business in the state and the person who must be served with the summons for the lawsuit. Be sure to write down the address listed in the section marked "agent." Some people will have one address as an agent and a separate address as an officer.

If the business is not in these databases or on the Certified List of Domestic and Foreign Corporations, it is likely that the business is not incorporated. Instead, it may operate as a sole proprietorship or a general partnership.

When a business is not incorporated, a person should name the owner of the business and the business itself as the defendant. This can be done by using the abbreviation d/b/a (doing business as). For example,if David and Debbie Donalds are operating as an unincorporated business called Plaza Shop, the plaintiff should name the defendants as David Donalds and Debbie Donalds d/b/a Plaza Shop.

To find the names of the owners of a business, first look at any business cards, invoices, or other documents you might have from the business. If the name of the owner or owners is still not clear, contact the local Chamber of Commerce or County Clerk's Office and ask to check the Assumed Name Index. For Cook County, call (312) 603-5652. If the business is a sole proprietorship, the summons should go to the owner. If the business is a general partnership, any partner may be served a summons.

Recovering money without suing

If someone owes a person money and won't pay, the person can be taken to court. The two people can also settle the dispute by agreement without going to court.

For example, the parties can use mediation or arbitration. In mediation, a third party asks the parties questions to try and get them to come to an agreement on their own. The mediator can also make suggestions for ways to settle the dispute. In arbitration, a third party hears both sides and makes a decision like a judge would. However, the parties are usually not required to accept the decision.

Some private organizations, like the Better Business Bureau or the Chamber of Commerce, may try to help resolve disputes. However, these are private organizations and can't make anyone do anything.

The Illinois Attorney General's office (AG), and the Federal Trade Commission (FTC) can also mediate consumer disputes. They can also file a lawsuit when many people are affected. But like mediators, if the AG or FTC can't resolve a dispute by agreement, a person is on their own.

If someone owes money and won't pay voluntarily, a person's only alternative is to file a lawsuit. Only a judge can make someone pay.

A person will need to prove their case in court to get the money back. They must present evidence about any damage, repairs, and costs. A person can have witnesses describe the damage, present pictures and paid receipts, or show any other proof of payments. Estimates will probably not be good enough without other evidence.

Filing a complaint

A person who files a lawsuit is called the plaintiff or petitioner. They will need to file certain forms depending on the type of case they are bringing. To start a lawsuit, the plaintiff will need to file a complaint with the circuit clerk's office.

The complaint tells a person what a lawsuit is about. It also says the following:

• All of the relevant facts that support plaintiff's claims,
• Laws that support the plaintiff's claims, and
• What the plaintiff is asking for.
   

Circuit clerks have many court forms available at their offices or online. A person can contact their clerk's office by visiting the Illinois courts' website.

Serving a summons

Find out more information about serving a summons here.

Appealing a case

Learn more about appealing a case here.

If you win a lawsuit

If you are the plaintiff in a lawsuit and you win, there will be an order signed by the judge saying exactly what the other party has to do.  

Usually, the other party must give you money. This is called a money judgment. If they don't give you the money, you can try to garnish their wages or collect on their property.

Sometimes, the order says that the other party has to do something other than give you money. For example, they may have to move out of an apartment or allow you to spend time with a child. If they don't follow the order, you can ask the judge to order them to follow it.