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- 1). Research any existing lawsuits. Find a class-action lawsuits against dog food companies that you could join. This would be less work and less time for you. Your monetary damages would be less as well, as you share whatever settlement or judgment results with other class-action participants.
- 2). Review the laws in your state. You can file a civil suit in small claims court but only up to a certain amount. For instance, in California you can sue in small claims court up to $7500. Any amount greater than that has to be filed in regular municipal court. Small claims court is designed to be simpler for people without representation. Lawsuits filed in municipal court are more in-depth and usually require a lawyer.
- 3). Visit the clerk of the courts or the court facilitator in the county where you live. Ask for the proper forms to file a civil lawsuit in your case.
- 4). Complete the forms listing the dog food's company's name and address. Return the completed forms to the clerk. Pay filing fees. If you are filing in small claims court, the filing fees are relatively inexpensive. The fees will depend on the amount of damages you are asking and the county and state you live in. Make copies of the forms for your records.
- 5). Serve the forms to the dog food company. Ask the clerk what the requirements are in your county. In some cases, the lawsuit have to be hand delivered and you will need to hire a process service company to do this. In other cases, you will be able to send the lawsuit via certified mail. Make sure an affidavit is filled out after the lawsuit is delivered to the other part. The clerk will provide you with this form.
- 6). Wait for a response. The dog food company has to provide an answer to the lawsuit. You should receive a court date in the mail after the dog food company responds.
- 7). Attend the hearing. In many cases, dog food companies may choose to settle before the hearing date. If not, go to the hearing with any evidence or witnesses you have. Bring veterinarian records or have your vet testify. Submit records to prove your expenses. If your dog died, show records of the cost of burial or cremation, autopsy, or pet cemetery expenses.
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