Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
Filing a lawsuit involves more than just writing up your complaint. You need to file in the right court, use proper forms, pay fees, and meet strict deadlines. The U.S. Courts website provides information on federal court procedures and filing fees. Here's what you need to know to file your case correctly.
Consider Small Claims First: For disputes under $5,000-$25,000 (varies by state), small claims court is simpler, faster, and cheaper than regular civil court.
Choosing the Right Court
Subject Matter Jurisdiction
Which court handles your type of case:
- Small claims: Small money disputes
- Limited civil: Medium amounts
- General civil: Larger disputes
- Family court: Divorce, custody
- Probate: Estates, guardianships
- Federal court: Federal law, diversity
Personal Jurisdiction
Court must have power over defendant:
- Where defendant lives or works
- Where defendant does business
- Where events occurred
- Where contract was to be performed
Venue
Specific location within court system:
- County where defendant resides
- County where incident happened
- Wrong venue can cause transfer or dismissal
Before You File
Statute of Limitations
- Research deadline for your claim type
- File BEFORE deadline expires
- Missing deadline = case permanently barred
Gather Documents
- Contracts and agreements
- Correspondence
- Photos and evidence
- Damage calculations
Demand Letter First
- May be required (some claims)
- Often resolves dispute without court
- Shows good faith effort
- Creates useful evidence
Don't Wait: Courts are slow. Cases can take months to years. Start the process early even if you're still trying to settle.
The Complaint
Essential Components
- Caption: Court name, parties, case number
- Jurisdiction: Why this court
- Parties: Who is suing and being sued
- Facts: What happened
- Causes of action: Legal claims
- Prayer for relief: What you want
- Signature: Under penalty of perjury
Writing Tips
- Use numbered paragraphs
- State facts clearly and chronologically
- Be specific about dates and amounts
- Include legal basis for each claim
- Specify exact amount demanded
Court Forms
Finding Forms
- Court website (judicial forms)
- Clerk's office
- Self-help center
- Law library
Filling Out Forms
- Read instructions carefully
- Type or print legibly in black ink
- Fill in all required fields
- Sign and date where required
- Make required copies
Filing Fees
Typical Costs
- Small claims: $30-$75
- Limited civil: $75-$200
- Unlimited civil: $300-$500
- Federal court: $402
Fee Waivers
Can't afford fees?
- Request fee waiver form
- Show income/assets qualify
- Public benefits often qualify
- Court decides on waiver
Payment Methods: Most courts accept cash, checks, money orders, and sometimes credit cards. Verify accepted methods before going to courthouse.
Filing Process
Steps to File
- Complete all forms
- Make required copies (usually 3+)
- Go to clerk's office or file online
- Pay filing fee
- Receive case number and filed-stamped copies
- Get summons issued
E-Filing
Many courts allow electronic filing:
- Often mandatory for attorneys
- Usually optional for self-represented
- Requires account setup
- May have different fee structure
After Filing
Serve the Defendant
- Must serve within deadline (varies)
- Follow proper service rules
- File proof of service with court
Track Your Case
- Note all deadlines
- Check case status online
- Watch for court notices
- Respond to any motions
Common Filing Mistakes
Avoid These Errors
- Wrong court or jurisdiction
- Missing signature
- Incorrect defendant name
- Missing required forms
- Wrong number of copies
- Late filing (statute of limitations)
- Failing to serve defendant
Defendant's Response
What to Expect
- Answer (admits/denies allegations)
- Motion to dismiss
- Counterclaim (suing you back)
- Default (no response)
Response Deadlines
- State courts: Usually 20-30 days
- Federal court: 21 days (60 if waived service)
After Response
Next Steps
- Discovery (exchange information)
- Motions (legal arguments)
- Settlement negotiations
- Pretrial conference
- Trial preparation
- Trial
Keep Copies: Make copies of EVERYTHING you file. Keep a file with all court documents organized chronologically. You'll need them throughout your case.
Small Claims vs. Civil Court
Small Claims Advantages
- Lower filing fees
- Simpler procedures
- Faster resolution
- No lawyers usually
- Informal hearings
When to Use Civil Court
- Claim exceeds small claims limit
- Need discovery process
- Complex legal issues
- Want jury trial
- Seeking injunction
Start with a Demand Letter
Many disputes settle without filing. Try a demand letter first.
Create Your Letter