How to Find Out if Someone is Suing You
If someone has threatened legal action against you, you’re probably interested in learning how to find out if someone is suing you. Taking action sooner than later may help you build a stronger defense.
In this article, you will learn how to find out if someone if suing you as well as what you should do about it.
How to Find Out if Someone is Suing You
Need to find information about pending lawsuits against you? Perhaps you want reassurance that your record is clear before you apply for a job in the finance industry. The good news is that you have options! You can access this information easily using any, or all, of the methods listed below.
Here’s how to find out if someone is suing you.
Contact Your County Clerk’s Office
Your County Clerk’s office should be the first place you stop if you believe you are being sued. That’s because the office keeps a copy of all files associated with lawsuits processing through the local courts. This includes both small claims court cases and those being handled within the Court of Appeals or Superior Court.
There are very few situations where your County Clerk’s office won’t be able to confirm or deny a lawsuit against you. This is true even if you check on the same day as the lawsuit is filed. Still, if you aren’t able to get information or you suspect the information provided may be inaccurate, you do have other options.
Try Going Directly to the Court
If you suspect you know exactly which level of court the lawsuit was filed in, you can try visiting the clerk’s office for that specific court. For example, if you’re curious about whether or not someone is using your deceased spouse’s estate, you might want to check with the local probate clerk. If you think someone might have sued you for a small amount of money (under $500), check with Small Claims Court instead.
You also have the option of calling the court directly and simply asking for more information – you don’t need to visit in person. Any representative should be able to take your information and run it through the system to see if they can find a match. Some may even have automated response systems that allow you to input your information and receive automatic confirmation or denial of any lawsuits.
Try Searching For Information Online
There are situations where you may be unable to visit, or even contact, your local county clerk’s office. Perhaps you are living in another state or country now, and you don’t have access to long-distance calls. Or, maybe you just can’t reach out to the county clerk’s office right now for some other reason and want a different option.
Try searching for case information online. You can, in some cases, simply search for your name in combination with the keyword “lawsuit.” Results may pop up on any website that maintains a publicly-accessible database of case information.
However, it is far more reliable to go to the county website for the court in question (e.g, the Los Angeles Civil Court). Use the search bar provided to you to search for your name, the suspected plaintiff’s name, and any other information that might somehow tie into the case.
Note that it’s far more reliable to find a result than to find nothing at all. If you see evidence of a lawsuit against you, you know you have a place to start. If you don’t find anything, however, the site may not be functioning or you may not be using the correct search information. This is far less reliable than contacting the courts.
Check PACER
Public Access to Court Electronic Records (PACER) is an “electronic public access service” maintained, owned, and operated by the US Government. It is essentially a moderated database of case information pulled from all federal appellate, district, and bankruptcy courts. PACER is free, available to the public, and fairly reliable, making it a great option for people who need to check remotely for cases against them.
While you can use case IDs and other information to search PACER, the system is also set up to take basic information such as names, addresses, SSNs, and even business tax IDs. You can even check for a listing of all cases filed within a specific time range (e.g., the last three months) if you aren’t sure about specifics.
PACER shows not only the existence of cases but also how cases have progressed in the system. This can be helpful for identifying not only whether a case exists, but also whether it has been dismissed after filing a response.
Unfortunately, the main drawback of PACER is accuracy. It takes time for local courts to upload case information to the database, and that could make results unreliable when you search. Again, here, there is a greater chance of a false negative than a false positive – consider it a starting point only.
Help! I Am Being Sued, What Should I Do?
If you find evidence of a lawsuit against you via one of these methods, know that you do have options. The best way to ensure a good defense – and potentially, even have the case dismissed altogether – is to empower yourself with the right knowledge and support. Start by following the suggestions listed below.
Don’t panic.
A lawsuit, as much as it might seem like one, is not the end of the world. In fact, a significant number of lawsuits never even end up in court at all. Instead, the plaintiff and defendant decide to settle out of court or even dismiss the case altogether. This may very well be what happens in your case, too.
There is often confusion about the outcomes of a civil court case. For example, some people mistakenly believe that losing a lawsuit results in jail time, but civil suits aren’t the same as crimes. Jail is a punishment almost exclusively reserved for crimes tried and judged in the criminal court.
If you are found “at fault” (similar to being found guilty in criminal court), the courts may decide that you owe a debt to the plaintiff. This is designed to compensate them for any “damages.” For example, the courts may order you to pay someone the full value of having their vehicle painted if they can prove you maliciously damaged the paint while acting under your own free will.
The courts will work with you on a payment plan if you know you will struggle to pay the debt. They may even reduce the amount if you can prove hardship.
Conclusion
Now that you know how to find out if someone if suing you, you can take proactive steps toward hiring a lawyer and defending yourself.
Start by contacting an attorney right away. Then, arm yourself with knowledge. Get to know the civil court process, what you are being sued for, and your rights. What you do in the first days and weeks after being sued can significantly impact the final outcome – including whether or not the judge in your case rules for the plaintiff.
If you want to find an attorney near you, contact the SFVBA Attorney Referral Service and schedule a free 30-minute consultation.
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