how to find out if a lawsuit has been filed against an attorney

by Ms. Beryl Price MD 7 min read

Check in the civil and/or supreme courts to see if the case was filed. You can also tell your friend that you may have to write a letter to the Disciplinary Committee because the first attorney is still responsible and he can't just appoint you a new attorney without your written consent.

Check with the Court Clerk
Visit the Court Clerk in your county of residence to find out if anyone has filed a lawsuit against you. The Court Clerk can conduct a record search to see if you have a pending lawsuit or judgment.

Full Answer

How do I find out if a lawsuit has been filed?

If you think a person or company is considering legal action against you and you’re worried that you might have been served without realizing it, you need to find out if a lawsuit has been filed. If it has, there are steps you can take to protect your rights. Check with the Court Clerk. Visit the Court Clerk in your county of residence to find out if anyone has filed a lawsuit against you. …

How do I look up court cases by name?

Oct 04, 2013 · However, sometimes a process server or law office will claim proper service when same has not been effected, so in that circumstance it is best to find out if a case is pending by going to the court in the county where the incident happened and look up the docket sheet on any action that has been filed against you (the clerk can help you look under your name and see if …

Where can I find the court index for a lawsuit?

Aug 25, 2010 · If a lawsuit has been filed and if it was filed in a court in the area where you reside, you can go to the court and look in the plaintiff/defendant index in the court's computer. Look for your name under defendants and if the lawsuit was filed in that court, it will be in the computer. Once you have the case name and case number, you can look at the court file by giving the …

How do I find out if a case has been probated?

Jun 01, 2015 · There are three steps to checking a target’s lawsuit record in any county. These are: 1. Find out the case numbers of all cases involving your target. 2. Using the case numbers, have court clerks pull the case files for you so you can look at the legal paper in them. 3. Copy all important or damaging info from each case file.

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How to check if you are home free?

Go to the court clerk in the county where you reside, and check to see if there is a case filed against you. If it is past the Statute of Limitations, and no case has been filed, then you are home free.

What happens if you are not served properly?

A suit that is not properly served on you is invalid due to lack of proper service. However, sometimes a process server or law office will claim proper service when same has not been effected, so in that circumstance it is best to find out if a case is pending by going to the court in the county where the incident happened and look up the docket sheet on any action that has been filed against you (the clerk can help you look under your name and see if there are any pending actions). If there is such an action and you have not been properly served, you will want to contest the service and ask that the case be dismissed (it's probably best to hire a lawyer to do this for you so the proper Motion can be filed in the proper format with proper notice, but you could try and do it yourself and hope the Judge will cut you some slack if you don't do everything quite by the Court Rules). Of course, if you really were properly served and have just ignored the matter, you need counsel right away or it is likely you will find out that a Judgment gets issued against you because of your failure to respond and defend.

How can I find out if a lawsuit has been filed against me?

I know a lawsuit has been filed against me from a credit card debt. I only know this because I got a mailbox full of letters from bankruptcy attorneys. I do not live at the address the creditor has anymore. What other way is used to notify someone they are being sued?

Answers

You should have been served with the summons and complaint. The complaint is the lawsuit. You should have been served by a private process server or the marshal or by certified mail return receipt. Since you were not served with the summons and complaint, you can challenge the lawsuit in court for failure to serve.

Where to check the index of a lawsuit?

Or go to the courthouse and have them show you how to check the court index for your target’s lawsuits. In each county, there will be at least one place where an upper court civil index or lawsuit docket for all upper court cases in that county is available to the public. (In almost all counties, this place is the upper civil court clerk’s office.

How to check a target's lawsuit record?

These are: 1. Find out the case numbers of all cases involving your target. 2. Using the case numbers, have court clerks pull the case files for you so you can look at the legal paper in them. 3.

What is the civil index?

The list of all the lawsuits filed in the upper court in your county is called a “civil index” (or docket, or some other name). This list will be on the court’s computer system, on microfilm, in drawers full of index cards, or handwritten into a very heavy set of books. You will have to check this list to get case numbers for all cases involving your target.

What does it mean when a target sues other people?

If your target sues other people a lot, it could be that he merely has poor judgment in the types of people he does business with and surrounds himself with. Or it could be evidence he’s a crank or a lawsuit extortionist. Check cases in which your target is the plaintiff like you would if he is the defendant.

What information do you use to weed out other people's cases?

Use dates of birth, Social Security numbers, race, addresses, situation in life, and other identifying information that mark your target to weed out other people’s cases from your target’s cases. Carelessness in this regard on your part might put you into a lawsuit – as a defendant!

Where do lawsuits take place?

Lawsuits for small amounts of money take place in the civil portion of lower courts. (Criminal prosecutions for misdemeanors take place in the criminal portion of lower courts.) Lawsuits for large amounts of money take place in the civil portion of upper courts.

Where to find the clerk's number?

The clerk’s number will be on the Internet or in the phone book under the upper court portion of the county government listings. Then, go to the courthouse where the court’s civil database or index or docket is, and look up all civil (aka lawsuit) cases involving your target.

Mary Katherine Brown

I'm very sorry for what happened to you. Whether you can "start over" depends on the type of debt. In New York state, you cannot sue to recover most debts after six years. Nevertheless, you might want to post more info about the original debt/debtor to see if perhaps there is still a way to recover your money...

Eric Edward Rothstein

Check in the civil and/or supreme courts to see if the case was filed. You can also tell your friend that you may have to write a letter to the Disciplinary Committee because the first attorney is still responsible and he can't just appoint you a new attorney without your written consent.

Pamela Koslyn

Go to the court's website (linked below) and do a civil search for your name.

How to view court records?

Anyone can view public court records online by heading to the court's website if online records are available for that court, or by going to the court clerk's office to view records. The clerk's office will have records in either paper format or electronically through kiosks.

What are federal cases?

Federal cases include civil and criminal proceedings filed in federal district courts as well as appeals in the U.S. circuit courts of appeal and the United States Supreme Court. They also include bankruptcy filings and filings in the U.S. Tax Court. District court filings, circuit courts of appeal filings and bankruptcy court filings are all ...

What is civil case?

Civil proceedings are any proceedings that are not for the prosecution of a crime, such as lawsuits for personal injury and wrongful death, bankruptcy proceedings, lawsuits for breach of contract and anything else that is not criminal including divorce and family law proceedings. Criminal proceedings are also generally public record.

What is the name of the document that is kept in court?

Court records are kept in what is called the docket, which is a list of all the documents filed in the case as well as text entries for proceedings like hearings that have been held and hearings that are scheduled.

Is a criminal case a public record?

Criminal proceedings are also generally public record. In civil and criminal matters, certain information may be kept confidential such as the names of parties or victims who are minors or who are victims of sexual assault. Parties to lawsuits can also request that certain sensitive records be sealed and kept private.

Can you view public court records without registering?

The U.S. Tax Court allows docket searches for the public, but no one can view the actual records without registering as either a taxpayer with a pending case or as an attorney. Read More: How to Find Public Court Records for Free Online.

Can you look at court records online?

Exceptions exist for certain types of criminal proceedings or for cases involving minors, but for the most part, anyone can look at the court's docket and review the documents filed in a court case. All federal courts and many state courts offer online court records for a fee.

What does an attorney need to know about your life?

He or she is going to need to know about preexisting conditions, your medical history and even your sex life. Your bank details might be in your file.

What is the bar association?

Each state has its own bar association that grants licenses to attorneys. These associations monitor and discipline lawyers, suspending or disbarring those who violate the code of ethics for that specific state.

Bruce David Abel

Check the Court listings index for the County where you live. If the lawsuit involves your home or property and the property is in a different county from where you live, you should check that other county too.

Cathleen M Curl

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice. As Mr. Baez indicates, you will not know for sue if you have been sued, until you receive the lawsuit papers. However, by searching each of the court index files, you can find out if a lawsuit has been filed against you in that court.

Edgardo Rafael Baez

You can check the court records. They are a matter of public information. The best way to proceed depends on the answers you provide and many others things. I agree with Mr. Baez. Good luck to you.

How to do a lawsuit lookup?

For example, to do a lawsuit lookup of a probate case, go to the probate court clerk's office in the county in which the person died. Even if you don't know the case number, the clerk can find the file. Bring along the name, address and date of death of the deceased.

How to find out if a case has been filed?

If you know that a case has been filed in a particular court, go to the court clerk's office and ask to see the file. If you aren't sure of the court, try the court in the town where the parties live or the accident, incident, divorce or death occurred.

What is pending lawsuit?

A pending lawsuit is one that has been started but is not finished. This term includes everything from a complaint that has been filed but not yet served to a lawsuit that has gone to trial and is awaiting a decision.

Can you find pending lawsuits?

Pending lawsuits are not complete yet, so you can't find them in published case compilations. If you want to look up a pending lawsuit, it is usually to find some fact about the matter, like the name of the defense attorney or which documents have been served.

Can you find a case number on a PACER account?

After setting up a PACER account, you can find appellate, district, and bankruptcy court case and docket information. You don't need the case number to search PACER cases.

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