Tuesday, March 11, 2008

Do I need a lawyer to draft and file a civil complaint? -

I would like to file a lawsuit against a seller of a property I purchased from them, but don t have the money to hire an attorney. Can a non-lawyer file a complaint?

Non-lawyers can only represent themselves. If you can afford to purchase property, you can afford to hire a lawyer.

At least go speak to an lawyer. Often first consults are free, and if you win a settlement, his fees would probably come out of that. WHen people ask me if they need a lawyer, my best advise is, if you need to ask, then you probably do. Seriously.

Of course. I wouldn t recommend it though. If the seller gets an attorney, you will be snowballed. What are you trying to sue for?

A non-lawyer helping you to prepare a complaint and receiving money to do so is practicing law without a license and this is a crime in the State of California. Real property law is complex and complicated. You really need the help of a real property law specialist. It would be best if you were to contact the local bar association (in the yellow pages of the telephone book under quot;attorneysquot;) and ask them to make a referral to you for a low income or free attorney. Good luck.

You can do it yourself, but it is not advisable. At the least, you should buy a book from Nolo or go to the Law Library in your town, or at the local law school. Good luck!

Yes you can draft your own legal documents. Microsoft.com has downloadable templates. If it is small claims court it is okay to represent yourself. If it is above usually the amount is $15,000.00, hire an attorney. Make sure you have all your evidence ready when you go to court if you are doing it yourself. When you file your papers with the court include your evidence as attachments.

Yes, you can represent yourself and file a complaint in pro se but you will have a fool for a client and a jackass for a lawyer.

In practice yes in reality anything above a small claim complaint, you will need to read and understand the rules and regulation for proper civil suit or your complaint can very easily be dismissed

0 comments:

Post a Comment