Friday, May 14, 2010

How do I start a civil case?

Two years ago the house beside me caught fire. Because of this my motor home was severely damaged. It was finally determined arson. There has been two arrests made. One person admitted guilt but he was a minor. The other who happens to be a very good friend is awaiting trial. It was suggested that we start a civil case to get the money I feel that is owed to us. We couldn't get any insurance money because it was arson so we took a $5000 loss. Any suggetions?How do I start a civil case?
Your own insurance should cover arson unless it was a member of your household who did it.





Assuming nobody from your household caused the fire, you have a claim against the person who did it (who is probably judgment proof however) and you might get an order of restitution as part of the criminal judgment.





You generally can't sue an insurance company other than your own -- you have to sue the insured person.





Filing a claim is easy: you go to the county court house and get a form or buy a form from a legal stationer and fill it out and either serve it and then file it, or in some states it's the other way around: file and then serve,





But you may need help getting the complaint properly worded or you will lose yor case before you start it. The court clerk can't help you, but s/he might be able to show you samples from other cases that you can copy,





I don't know why idiots tell you to ';hire a lawyer'; when in fact the lawyer would probably cost you more than you can collect as a judgment. On the other hand, if you live in Canada you get your lawyer's fees back as part of your judgment. If you win.





If you are poor, you might visit a legal clinic such as one at a local law school. They can help with procedural matters and filling out forms.How do I start a civil case?
Its easy to start a civil case and where I live you can even go to small claims cout. Your problem is, although the guiy may have been arrested, in a civil case You must prove it. If he was conviced it would be a different story.
You need a lawyer.
Get a lawyer... One of those that collect nothing unless you win type thing. Often the first consultation is fre anyway and younow if you have a case.





If you want to do it by yourself, go to the courthouse and file the pertinent motion
I would speak to a lawyer about getting your neighbors policy to pay for your damages. It may have been arson, but it's not like you hired them to do it. You were the unwitting victim of a crime.





Did you have any insurance yourself? I would at the very least hire a lawyer to deal with the insurance companies. It just doesn't sound right that neither company would pay.





Filing suit against the people who did this won't do any good unless they have the money to pay you or will have future earnings that you can attach.





It sounds like you are getting a raw deal and a lawyer would be the one to tell you how to best go about this. Make an appointment for a consultation and bring a copy of your policy and of the turndown letter from your neighbors insurance company. Go to a sole practitioner since a big firm will cost way too much to handle a matter like this.
Do you mean yours or their insurance company would not pay? It seems that their insurance company would pay, arson or otherwise. Anyway, you have to see a lawyer. If nothing else, you will know if a lawsuit will be worth it.
Unless you know the law, get a lawyer. Small claims court is the only place where you can defend yourself ,and present your case with any degree of success.
First actually no, unless you did the arson, you can get money if your damage was accidental from the reason that the arson happened. So you have a law suit against your insurance company first ( and since they have the money that is where you need to start)





next you can sue the family of the minor, his parents can be held responsible for his actions. And the suit would be against both of them together. But unless they have 5000 in the bank, what are you going to do, Esp if they go to jail. What will you get from them 10 dollars a week after they get out of jail.





next there is a statue of limiation to start a law suit, if you wait to long you can't even collect any money
sue his parents they are responsible for his actions. first off retain a lawyer. also id get on it too, there is a statuate of limitations too.
Talk to a Lawyer!!!
Depends upon the insurance, some have to pay even if it IS arson. It wasnt your fault.





If insurance does not apply, get a lawyer and file a civil suit.


Even if you win, you may not get any money, but if you dont get a


judgement, you certainly wont get anything
The fact that arsonist burned down your neighbors house is not a reason for your insurance company to refuse to pay you for the damage to your rv. That is only a defense for the insurance company when a person deliberately burns down their own property and they trys to collect on their insurance. Make another demand on your insurance company and if they refuse to pay, then report the matter to your state insurance commisioner. Also you could sue the insurance company in small claims court where you would not need to hire an attorney.
Get a lawyer

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