Who can sue and be sued

This is general information, not legal advice. Whether you are the right plaintiff, and whether you have named the right defendant, is a legal question the clerk usually cannot answer for you.

A person who is owed money can usually file. Alabama's court guide says individuals and businesses may sue and be sued, and that an individual who files or defends generally must be at least 19 or legally emancipated, and mentally competent. Alaska's small-claims handbook lists adults, minors through a parent or guardian, and partnerships, associations, limited liability companies, and corporations doing business in Alaska. Wyoming's statute lets the state, a governmental entity, a natural person, a corporation, a partnership, an association, or another organization start a small claim by affidavit. The pattern is broad. The exceptions are what get people thrown out.

Businesses are not treated like neighbors in every state. Washington's statute gives a human plaintiff a $10,000 money claim and every other plaintiff a $5,000 claim. California's self-help page uses a lower figure when you sue as a business than when you sue as an individual. Kansas excludes an assigned claim, a claim filed by someone who is not a full-time employee or officer of the real creditor, and a claim obtained by subrogation. A debt buyer or an insurer stepping into someone else's shoes is outside that Kansas definition. New Mexico's magistrate pamphlet says a corporation or limited liability company may be required to hire an attorney. Indiana's statewide manual discusses when a business must appear through counsel. Read that section before a manager goes to court.

Lawyers are allowed in many courts and barred in a few situations. Arkansas's Attorney General guide describes the division as a place for disputes without attorneys. Hawaii's judiciary guide allows lawyers in general and then forbids them for both sides when the case is a residential security deposit. Wyoming's statute says that if one side appears with an attorney, the other side is entitled to a continuance to get one. Massachusetts says you may speak for yourself and that a lawyer is permitted.

Who you may sue is partly a list of exclusions. Arizona's small-claims statute says the division does not hear actions against the state, a political subdivision, or an officer or employee sued in an official capacity. Utah's courts page says you cannot sue a government agency in small claims and cannot use the procedure to evict. Alaska's information sheet excludes claims against the State of Alaska or the United States. If the defendant is a city, a state agency, or the federal government, assume you have a notice-of-claim problem and a different court until an official page says otherwise.

Naming the defendant is a practical step, not a formality. Connecticut's FAQ distinguishes an individual plaintiff from a business plaintiff when it explains where you may file. A business does not get every venue choice an individual gets. Use the legal name. A store's sign may not be the corporation's name. State records, a lease, a contract, and the secretary of state's business search are the usual places to look. Sue "John Smith" if John Smith signed, and sue the company if the company signed. Suing a brand name that is not a legal person gives the court nobody to serve.

Minors and multiple plaintiffs have special rules. Alaska's handbook says a minor sues through a parent or guardian. Louisiana's small-claims statute allows no more than ten plaintiffs and prohibits class actions. Oregon's statute prohibits class actions in the small claims department. You cannot turn a group dispute into a class case by filing it on the simplified form.

Service is what makes the defendant a party. A person who never receives the papers is not properly before the court. Montana's jurisdiction statute requires that the defendant can be served in the county where you file. New Mexico's pamphlet says the magistrate court has jurisdiction over the defendant only if the defendant is served in New Mexico. Alaska's materials explain that a magistrate judge's authority over a defendant served outside the state is narrower than a district judge's. Get the address right before you pay a process server.

If you are the one being sued, you are the defendant. You can often file your own claim back, called a counterclaim, if it fits the same court. Hawaii's guide states a counterclaim amount that is higher than the plaintiff's claim amount. Arizona's ceiling applies to either side. Read the counterclaim deadline on the summons. Missing it can mean the court hears only the other side's story.

Confirm you may be the plaintiff, that the defendant is a person this court can hear, and whether a lawyer is required, forbidden, or optional.