Have you been harmed by the wrongful or otherwise improper actions of a business or organization in Texas? If so, you may be able to obtain remedy by filing a lawsuit. But the process can be complicated and there are specific steps that you must take to initiate legal action. Here, our Frisco commercial litigation attorneys highlight the key factors to consider before you sue a company in Texas.
How to File Lawsuit Against a Company: Explained
Are you considering suing a company in Texas? Whether you are suing as an individual or another business, you must take the proper measures to protect your rights and interests. Here are some of the specific steps to take to file a lawsuit in Texas:
- Determine the Cause of Action: To prevail as a plaintiff in a lawsuit against a company, you must have a clear and specific cause of action. As part of any claim, you must assert specific grounds for why the defendant (the company) is legally liable. It is also important to determine the proper jurisdiction so that you sue in the right court.
- Know the Value of Your Claim: Carefully assess the value of your potential claim. As described by the Texas State Law Library, commercial disputes with a total value under $20,000 can be handled in small claims court.
- Draft a Demand Letter (Most Cases): It is usually not the best strategy to file a lawsuit as the first step in a dispute with a business. It is often better to start with a professionally drafted demand letter. As noted by the Legal Information Institute (LII), a demand letter effectively serves as both notice of your impending claim and an opportunity for the defendant to try to resolve the matter to your satisfaction before you file suit.
- Draft and File a Plaintiff’s Petition: The party that files a lawsuit, initiating the legal process, is the plaintiff. To sue a company, you must draft a complaint, the plaintiff’s petition, and file it with the proper court. A complaint should always be drafted by a lawyer because if there are flaws, your petition can be dismissed without a hearing on the merits of your case.
Work with an Experienced Commercial Litigation Attorney
Filing a commercial lawsuit against a business is notoriously complex. It is wise to seek guidance and support from an experienced North Texas commercial litigation attorney. A lawyer will help to ensure not just that your claim is filed properly, but also that you are in the best position to get justice and compensation for any damages. At Reid, Dennis & Frick, we have extensive experience with commercial litigation. Our North Texas business litigation attorneys are prepared to:
- Hear your story and answer any questions you have about commercial litigation.
- Investigate the matter, gathering all of the evidence needed to support your claim.
- Explain the legal filing requirements—ensuring your lawsuit is filed properly.
- Help you consider all potential options for resolving your matter outside of court.
- Aggressively represent your best interests throughout the commercial litigation process.
Common Reasons to Sue a Company in Texas
Businesses can be sued for a wide range of different reasons. Here are some of the most common things you can sue a company for:
- Breach of contract claims
- Failure to make timely payments for goods or services
- Allegations for material misrepresentations or material omissions
- Disputes regarding the enforceability of a Non-Compete agreement
- Tortious Interference with your contractual agreements
- Complaints from employees, including allegations of discriminatory practices
- Internal disputes, including partnership disputes and shareholder disputes
What Happens When You Sue a Company?
When a lawsuit is filed against a business, that company becomes the defendant in the case. They will be served with the complaint (petition) and allowed to respond. Depending on the circumstances, there may be settlement negotiations between the parties. Regardless, the discovery process will generally begin next. This involves the exchange of information between the parties to the lawsuit.
Suing a Company in Texas: Frequently Asked Questions (FAQs)
How Long Does It Take to Sue a Company in Texas?
The duration of a lawsuit depends on many different factors. If a case goes to trial, it is not uncommon for the process to take many months or even several years to be fully resolved. Though, there are plenty of exceptions. When a lawsuit is threatened or filed, this often initiates settlement negotiations that lead to a faster resolution of the dispute.
Can You Take a Company to Court for Not Paying You?
Yes. If you were not properly paid by a company—whether as an employee, vendor, supplier, or any other party—you have rights under the law. The case will vary depending on the specific circumstances.
What Happens After a Company is Sued?
When a lawsuit is filed against a company in Texas, that business will generally be served with process. Only when the company is properly served with the complaint will the court have jurisdiction over it. The defendant will be granted an opportunity to respond to the allegations.
Contact a Texas Commercial Litigation Attorney for Help
At Reid, Dennis & Frick, our North Texas commercial litigation lawyers have professional skills and legal knowledge you can trust. If you have any questions on how to file a lawsuit against a company, we are here to help. Contact our law firm today to set up your fully confidential, no-obligation initial legal consultation. With law offices in Frisco and Dallas, we represent clients in commercial litigation throughout all of North Texas, including in Fort Worth, Arlington, Irving, Garland, and Plano.