How to Sue ING Financial
Filing a lawsuit against ING Financial is a moderately complex process because it is what legally is known as a holding company. ING Financial undertakes its operations with customers and clients through subsidiary companies. You need to undertake some research to make decisions about where to commence a legal action against ING Financial or one of its subsidiaries. Through the research process you will identify the court in which a lawsuit against ING Financial and one or another of its subsidiaries appropriately should be filed.
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Things You'll Need
- Directory of ING Financial and its subsidiaries
- Federal Rules of Civil Procedure
- State specific rules of civil procedure
Instructions
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Determine which ING Financial subsidiary is the appropriate defendant in a lawsuit. Although you can name ING Financial (the holding company) as a defendant, you also need to name the subsidiary through which you actually engaged in business or suffered some sort of damage.
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2
Decide whether your case is to be filed in a state or federal court. A case brought in a U.S. district court must involve a federal issue--discrimination, for example--or what is known as diversity jurisdiction. A federal court can hear a case involving only state issues only if the plaintiff and defendant reside in different states. State court cases typically involve contract disputes and personal injuries.
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Identify the appropriate state in which to file a lawsuit, which may not be your own. Under the law, you can sue ING Financial in the state in which it is incorporated (or in which a subsidiary named in your suit is incorporated). You can also sue the company in any state in which it is transacting business. Through its various subsidiaries, ING Financial is operating in all states in the United States.
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Prepare a petition, which is the document that starts a lawsuit. The clerk of the court in which you desire to file a lawsuit will have sample petitions and other documents available to you.
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Describe in the petition the general facts and allegations associated with your complaint against ING Financial and one of its subsidiaries.
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Tips & Warnings
Suing a large corporation such as ING Financial is a challenging task, even for an experienced attorney. If you want to ensure the full protection of your rights and interests, consider hiring a litigation lawyer to assist you in pursuing your lawsuit against ING Financial.
You will need to check the statute of limitations, which sets a deadline by which you need to file your lawsuit, of the state in which you plan to sue. Suits filed after the statute of limitations has expired will not be heard by a court.
