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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32372
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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But excuse me Sir which documents I want to file in circuit

Customer Question

But excuse me Sir which documents I want to file in circuit court to file a suit.
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 9 months ago.

Thanks for asking for me.

The process of a lawsuit is essentially the same everywhere, with a few, minor procedural differences.

A lawsuit generally follows this process:

1) File the petition in the court having jurisdiction and venue. The court with jurisdiction and venue is usually where the defendant resides or has their place of business. You also have to look at the amount you intend to sue for to determine what court is correct. As we discussed, if you sue in VA the correct court is the CircuitCourt for the amount you discussed earlier.

2) When you file the petition with the clerk of courts you will pay the filing fee and also ask for citation to be issued and service to be done. The clerk doesn't serve the papers so ask them if you have to take them to the sheriff's office for service or if they will do it. Just follow their directions as to that.

3) The sheriff will serve the defendant with the lawsuit.

4) The defendant will file their answer.

5) You can then do some discovery if necessary but you will need to check with the clerk and ask if your court allows discovery. Some small claims courts do not.

6) After that the next step is to set the case for trial.

7) During the trial you introduce your evidence and they introduce theirs.

8) The judge renders a judgment and a written order is entered.

That is the basic process of a lawsuit.

If you are going to represent yourself you may want to pick up a good book on doing so. I always recommend the one at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/the-guerrilla-guide-to-small-claims-court/ since it is both inexpensive and very good. That particular books is about small claims court but the process works the same if you are representing yourself.

Customer: replied 9 months ago.

I am in VA but the defendant is in other state.

Expert:  Dwayne B. replied 9 months ago.

What is the lawsuit about? Why are you wanting to sue him?

Customer: replied 9 months ago.

Why you are asking now last time I think you said you don't want to know.

Expert:  Dwayne B. replied 9 months ago.

No, you don't want to put any names here. However, to tell you what court the case belongs in, your state or theirs, I'd need to know about the case.

Customer: replied 9 months ago.

There is one person helped hackers spyers or scammers and didn't helped normal person and made money only from companies. One hacker hacked my account also but that person didn't do anything. I said to that person also that one person hacked my account but that person didn't replied back because he want to do business with companies and made million $.

So I want to sue that person and if I want to tell you very clear story than I want to tell you his name and his company information also so you know full case information.

Expert:  Dwayne B. replied 9 months ago.

I don't really need his personal information. As far as the hacking, if that happened on a computer located in your state then you can sue him in your state. If not, then you have o either sue him in the state where the computer was located or in the state where he resides.

Customer: replied 9 months ago.

Sir I told you that person is now a big person and he is not one guy and not have one computer he has million computers and he didn't hack. How can I tell you he made an website and in his website there are so many peoples but he didn't secure his website and don't see what happen because he want to make money by advertising businesses.

So many peoples as hackers came in his website and tried to hacked other person account but he didn't see because he want to make money. And I told you that he is not one person who use one computer million computers uses in his website.

But I know him because he live here in other state and he made that site and he is the owner of the site and responsible to control that site but he not help customers he helped businesses.

Expert:  Dwayne B. replied 9 months ago.

If you are suing him then the issue in determining what court to file in is where the hacking occurred, whether he did it or someone else did it.

Customer: replied 9 months ago.

Sir as I know wherever the hacking occurred it occurred in his website and he made the website. Every web designer made secure web site but he design that web site where hackers came and hacked other peoples accounts.

So he is the responsible of all these things.

Expert:  Dwayne B. replied 9 months ago.

The issue is where you are going to sue him. Normally you have to sue someone where they reside or where they do business. If you can't somehow connect them to your state then you have to sue them where they are.

Customer: replied 9 months ago.

He do business worldwide but live here and main business is here in CA.

Expert:  Dwayne B. replied 9 months ago.

Then you can sue him in the state court where he lives or the federal court where he lives if you are in a different state.