How to Sue Someone: The Basic Steps

A lawsuit starts when you file a complaint with the court and pay a filing fee (or ask for a fee waiver), then formally serve the defendant. For smaller money disputes, small claims court offers a simpler process. Filing deadlines, dollar limits, and fees are set by each court system, so check your local court's self-help resources.

What the law says

• A civil action begins when a party files a complaint and pays the filing fee required by law. U.S. Courts, Civil Cases
• The complaint explains how the defendant caused the harm, shows the court has jurisdiction, and asks for relief. U.S. Courts, Civil Cases
• If you can't afford the fee, you can ask to proceed in forma pauperis; if granted, the fee is waived. U.S. Courts, Civil Cases
• The plaintiff must serve a copy of the complaint on the defendant, following the court's service rules. U.S. Courts, Civil Cases; S.D.N.Y., How to Start a Lawsuit Without an Attorney
• You may represent yourself (pro se), but there is no right to free legal help in civil cases, and court clerks can't give legal advice. U.S. Courts, FAQs: Filing a Case
• Parties exchange information in discovery, and judges encourage settlement, mediation, or arbitration. U.S. Courts, Civil Cases
• In a civil case, the plaintiff must prove the case by a preponderance of the evidence, meaning more likely than not. U.S. Courts, Civil Cases
• Small claims court handles claims for money only, up to a dollar limit set in each state; you generally can't use it to make someone do something, like return property. Utah State Courts, Small Claims (self-help)
• If you win a judgment and the other side doesn't pay, you may need to take additional court steps to collect. Utah State Courts, Small Claims (self-help)

How to file a complaint

File your complaint (or small claims form) with the clerk of the proper court, pay the filing fee or request a fee waiver, and have the defendant served according to the court's rules. Your local court's self-help center can provide forms; deadlines (statutes of limitations) depend on your state and the type of claim. U.S. Courts, Civil Cases

Related

• Do I Need a Lawyer for Small Claims Court?
• How to File a Small Claims Case, Step by Step
• Suing for Emotional Distress: What You Need to Know
• Small Claims Court by state

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.