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I want to know how one would go about suing for fraud or…

Customer Question
I want to know...

I want to know how one would go about suing for fraud or start a class action suit against a company who apparently has scammed many including myself?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

When I purchased they were in Minnesota, but from what I can find out through limited research they also use Arizona and try to keep moving their operation.

Lawyer's Assistant: Have you contacted the manufacturer?

Yes, but you really can't call them a manufacturer as they sell used and remanufactured engines.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was ripped off in 2016 so would like to know if there are statutory limits on the time I have to act.

Submitted: 7 months ago.Category: Legal
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Answered in 7 minutes by:
11/26/2017
Lawyer: Dwayne B., Attorney replied 7 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Lawyer: Dwayne B., Attorney replied 7 months ago

Your questions were:

would like to know if there are statutory limits on the time I have to act.

how one would go about suing for fraud or start a class action suit against a company

Yes, each cause of action has a statute of limitations which differs from state to state. The Minnesota statute of limitations for fraud is 6 years while in Arizona it is 3 years.

You would have to have an attorney to "start a class action" since inherently that type of case includes representing more than yourself and only an attorney can represent someone other than themself.

A lawsuit can involve many different parts, depending on what the other side files and how they approach the case. However, all of them involve certain things.

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 with 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

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 an oral judgment and a written order is made based on that oral judgment which the judge then signs.

That is the basic process of a lawsuit.

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