Q: How to sue for damages in federal court for 18-year fraud without a lawyer?
I'm seeking advice on how to sue for damages in federal court for a fraud case spanning over 18 years. My previous attempt was dismissed because I couldn't serve the defendants due to lacking their information. I'm considering proceeding without a lawyer and would appreciate guidance on how to gather the necessary information to successfully file the lawsuit.
A:
The answer to your question turns on what information is necessary under your particular facts and circumstances. In Texas, the statute of limitations for fraud is four years, so it appears you may have a limitations issue already. It also appears that you may not have satisfactory information concerning the defendants given your inability to successfully serving them with a summons. I also note that federal court is a very technical and unforgiving forum. Many licensed attorneys do not practice in federal court and limit their legal services to state court. I would never recommend to a person who is not an attorney that they attempt to file a lawsuit in federal court on their own behalf. It is tantamount to performing an appendectomy on yourself without any medical training.
If the amount of your damages is $20,000 or less, I would not hesitate to recommend filing a small claims case in justice of the peace court. They are specifically designed to allow ordinary people with no legal training to represent themselves in small, relatively uncomplicated matters. Some individuals without legal training can learn how to represent themselves in relatively simple matters like a debt collection case even when the amount of damages is greater than $20K, particularly if it is a recurrent situation. For example, a service provider suing to collect an unpaid invoice owed to him/her.
For a federal lawsuit involving a fraud claim spanning 18 years, you need a competent experienced attorney who practices in federal court.
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