How to File a Lawsuit Against a Person: Courts, Filing, and Service

To file a lawsuit against a person, you confirm you have a legal claim that is still within its filing deadline, choose the right court for the amount and type of dispute, draft and file a complaint with the required fee, arrange for the defendant to be formally served with the papers, and then work through the defendant’s response, discovery, and either settlement or trial. Each step has its own rules, and skipping or fumbling one can end the case before a judge ever looks at the merits.

Confirm You Have a Claim and Time to Bring It

Not every grievance is a lawsuit. You need a recognized cause of action — a set of facts the law says entitles you to a remedy. Between individuals, the usual ones are breach of contract (a valid agreement, your performance, the other side’s failure, and a resulting loss),¹ negligence (a duty of care, an unreasonable failure, and harm caused by it),² and intentional torts such as assault, battery, fraud, defamation, trespass, or intentional infliction of emotional distress.³ You have to prove every element of whichever claim you bring. Miss one, and the claim fails.

Every civil claim also has a filing deadline called a statute of limitations, and missing it destroys the right to sue.⁴ Deadlines vary by state and by claim type. Personal injury claims usually run two to three years, written contract claims often four to six, and defamation or false imprisonment claims can be as short as one year.⁵ The clock generally starts when the harm occurs, though the discovery rule can push the start date to when you knew or should have known you were injured.² Claims against government entities often carry shorter deadlines and may require an administrative claim first.

Try a Demand Letter First

Before filing, most people benefit from sending a demand letter. It is a formal written request laying out the facts, stating exactly what you want (a dollar amount or a specific action), and warning that you will file suit if the demand is not met by a stated date.⁶ It creates a paper trail of your good-faith effort to resolve the dispute.⁷ Some claims in some states require a demand letter before you can sue; others do not, but a strong letter often settles the matter without a filing.⁸

Pick the Right Court

Where you file depends on how much money is at stake and what kind of case it is. Small claims courts handle lower-dollar disputes on simplified procedures. In California, individuals can bring claims up to $12,500, attorneys are not permitted, and filing fees start as low as $30 for claims under $1,500.⁹¹⁰ The tradeoff: small claims courts typically can only order one party to pay the other, not issue injunctions or handle complex remedies.

For higher-value cases or a jury trial, you file in state civil court. California charges $225 to $435 depending on the amount at stake, and proceedings follow formal rules of evidence and procedure.¹⁰

Federal court is a narrower option. You can file there only if your claim involves a federal law or constitutional question, or if you and the defendant live in different states and the amount at issue exceeds $75,000.¹¹ Most lawsuits between individuals over state-law disputes belong in state court.

Venue and Personal Jurisdiction

Within the right court system, you also need the right geographic location. In state court, that usually means the county where the defendant lives or does business, or where the events happened.¹² In federal court, venue is proper in the district where any defendant resides (if all defendants are in the same state) or where a substantial part of the events occurred.¹³

If the person you want to sue lives in another state, the court needs personal jurisdiction over them. Courts automatically have jurisdiction over their own residents. For out-of-state defendants, long-arm statutes extend jurisdiction to people with minimum contacts in the state — conducting business there, owning property, or committing the act that caused your injury within the state’s borders.¹⁴

Draft and File the Complaint

The complaint is the document that officially opens the case. It tells the court and the defendant who you are, who you’re suing, what happened, why the law entitles you to a remedy, and what you want the court to order.¹⁵ Formatting varies by court, but most complaints share the same parts:

A caption identifying the court, the parties, and (once assigned by the clerk) the case number.¹⁶
A statement of facts in numbered paragraphs, one point per paragraph, saying clearly what happened.¹⁷
Each legal claim (cause of action), with the facts that support every required element.
A prayer for relief — the specific remedy you want, usually a dollar amount or a court order.¹⁶

You must sign the complaint. Your signature certifies that the claims have a basis in law and fact and are not brought to harass or delay.¹⁷ Federal filings also require you to redact sensitive personal information like full Social Security numbers and full birth dates.¹⁸

Many courts now require or strongly encourage electronic filing. Illinois mandates e-filing for civil cases through eFileIL, with limited exemptions for people who lack internet access or face other hardships.¹⁹ Florida offers e-filing through the Florida Courts E-Filing Portal but still accepts in-person and mail filings.²⁰ In some California counties, self-represented parties are exempt from mandatory e-filing.²¹ Check your specific court’s rules before filing.

Filing Fees and Fee Waivers

Filing costs money. Delaware’s Justice of the Peace Court charges as little as $35 for small debt claims,²² while California charges $435 for unlimited civil cases.¹⁰ If you can’t afford the fee, apply for a waiver, sometimes called an in forma pauperis petition. Eligibility usually turns on income against the federal poverty guidelines. Minnesota grants waivers at or below 125% of the poverty level, or to people receiving public assistance.²³ Ohio mandates a waiver at or below 187.5% of the poverty level when expenses meet or exceed income.²⁴ You will generally need proof of income or public assistance with the application.

Serve the Defendant

After filing, you must formally notify the defendant. This is called service of process, and it is a constitutional requirement. A court cannot enter a valid judgment against someone who was never properly served. You cannot serve the papers yourself. The person who does it must be at least 18 and not a party to the case.²⁵

Common methods:

Personal service: a process server or other qualified person hands the papers directly to the defendant. This is the most reliable method and is often required for the initial complaint.²⁵
Substituted service: if personal service fails after multiple attempts, the papers can be left with another adult at the defendant’s home or workplace and then also mailed to that address.²⁵
Certified mail with return receipt, allowed in some courts and situations. In Maryland, someone other than the plaintiff must send it.²⁶
Service by publication: if the defendant’s location is genuinely unknown after a diligent search, a court can authorize a newspaper notice for several weeks.²⁵

Once service is done, the server files a proof of service (or affidavit of service) with the court. Without it, the case may not be able to move forward.²⁶ In federal court, service must be completed within 90 days of filing, or the case may be dismissed.²⁷

What Happens After You File

The Defendant’s Response

Once served, the defendant has a set window — usually 20 to 30 days depending on the jurisdiction — to respond. The response typically takes one of three forms. The defendant may file an answer that addresses each allegation and raises defenses.²⁸ The defendant may instead file a motion to dismiss, arguing that even if the complaint’s facts are true they don’t state a valid claim, or that the case is in the wrong court, or that the statute of limitations has expired. If a motion to dismiss is granted, courts often give the plaintiff a chance to amend rather than ending the case outright.²⁹

The defendant can also counter-sue you. Under the federal rules, a counterclaim arising from the same transaction as your lawsuit is compulsory: the defendant must raise it in this case or lose it. A counterclaim can seek any amount of money or type of relief, even more than what you claimed.³⁰ Weigh that risk before you sue.

Discovery

After the initial pleadings, the case enters discovery, where both sides exchange information and evidence. A judge usually issues a scheduling order with deadlines for discovery, motions, and trial.²⁸ The main tools are interrogatories (written questions answered under oath), requests for production (documents, emails, photos), depositions (in-person questioning under oath, recorded by a court reporter), and requests for admission (statements the other side must admit or deny, narrowing what has to be fought over).³¹

If a party stonewalls, the other side can move to compel, and judges can impose sanctions ranging from fines to ruling issues against the uncooperative party.³² Discovery is often the longest and most expensive stage, and it drives most settlements: once each side sees the evidence, many cases resolve.

Settlement, Summary Judgment, and Trial

Judges frequently encourage or require mediation or another form of alternative dispute resolution before trial.¹⁵ A mediator helps both sides negotiate but cannot impose a decision.³³ Arbitration is more formal, with an arbitrator issuing a binding or non-binding decision depending on the agreement. A signed mediated agreement is enforceable in court like any contract.³⁴

After discovery, either side may move for summary judgment, arguing that the evidence is so one-sided no reasonable jury could rule the other way. Unlike a motion to dismiss, this one looks at real evidence — depositions, documents, sworn statements — not just the allegations.²⁹ If the motion is denied, the case goes to trial. In civil cases, the plaintiff must prove the case by a preponderance of the evidence, meaning it is more likely than not that the defendant is responsible.¹⁵ Either side can appeal a legal error.²⁸

If You Win: Damages and Collection

Winning gets you a judgment for damages. Compensatory damages cover your actual losses and split into special (economic) damages like medical bills, lost wages, and repair costs, and general (non-economic) damages like pain, emotional distress, and loss of enjoyment of life. Punitive damages punish especially bad conduct and are awarded separately. Many states impose statutory caps on certain types of damages.³⁵

Winning and getting paid are not the same thing. Courts do not collect for you. Enforcement tools include wage garnishment (which requires a court-issued writ and is capped by federal and state law), bank account levies, and property liens through a recorded abstract of judgment. If you don’t know what the defendant owns, request a debtor’s examination, a court-ordered hearing where the defendant answers questions under oath about their finances.³⁶

Collection is often the hardest part. State exemption laws shield necessities: a primary residence up to significant equity limits, a vehicle, household goods, and government benefits like Social Security are typically off-limits.³⁷³⁶³⁸

Doing It Yourself or Hiring an Attorney

You have the right to represent yourself (pro se) in any civil case, but courts hold you to the same procedural standards as a lawyer. You are responsible for the rules of procedure, the rules of evidence, deadlines, and service requirements. A missed deadline or badly served document can bring dismissal or a default judgment against you. Court staff, clerks, and judges cannot give you legal advice.³⁹

If you can’t afford a lawyer, several options exist. Contingency fee arrangements, common in personal injury cases, pay the lawyer a percentage of any recovery (typically 33% to 40%) and nothing if you lose.⁴⁰ You may still owe court costs and other expenses spelled out in the fee agreement.⁴¹ Other paths include pro bono representation, limited-scope representation (a lawyer handles specific tasks like drafting your complaint without taking the whole case), and, in some circumstances, court-appointed counsel.⁴²

Mistakes That Sink Self-Filed Cases

Self-represented plaintiffs stumble in predictable places. Filing in the wrong court or the wrong county leads to dismissal and forces a restart. Serving the papers yourself, missing the service deadline, or forgetting to file proof of service is a recurring pitfall. Vague complaints that don’t specify what each defendant personally did are vulnerable to dismissal.²⁷

During the case, failing to respond to the defendant’s requests for admission can be devastating: unanswered requests may be deemed admitted as a matter of law, conceding facts that end your case.⁴³ Missing hearings, submitting incomplete forms, and not keeping the court updated on your address can produce rulings against you without a judge ever weighing the merits. Even if you plan to run the case yourself, an early consultation with an attorney — for a case evaluation or help drafting the complaint — can head off the errors that sink lawsuits before they reach a courtroom.⁴⁴

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