To sue someone for money, you file a written complaint in a court that has authority over the dispute, formally serve the defendant with the lawsuit, prove your case by a preponderance of the evidence, and then use court-authorized collection tools to enforce whatever judgment you win. Every step has procedural requirements, and skipping one can end your case before a judge looks at whether you’re right.
Confirm You Still Have Time to Sue
Every civil claim has a filing deadline called the statute of limitations. Miss it and the court will dismiss your case regardless of how strong your evidence is. Check this first, before you spend time on anything else.
Deadlines vary by claim type and by state. Written contracts range from three years in some states to ten or more in others. Oral contracts run shorter, from about two years up to ten. Property damage and personal injury claims usually fall between two and six years. The clock typically starts on the date of the breach or injury, though some states apply a “discovery rule” that delays the start until you knew or should have known about the harm. If the defendant was a minor, was out of state for an extended period, or concealed the wrongdoing, the deadline may pause or extend.
Your state judiciary’s website and the court clerk’s office can tell you the exact number for your claim type. If you’re anywhere close to the deadline, filing quickly matters more than perfecting your paperwork.
Make Sure You Actually Have a Claim
A grievance isn’t a lawsuit. Courts require a recognized “cause of action” — a specific set of facts that fits a legal framework entitling you to a remedy. Common money claims include breach of contract, unpaid loans, unpaid invoices for services rendered, and negligence that damaged your property. Your complaint must state at least one cause of action; if none of your facts fit a recognized category, a judge will dismiss the case.
Do the Math Before You File
Filing costs, legal fees, and your own time add up quickly. Two questions matter before you commit. First, is the amount worth pursuing given what it will cost you to pursue it? Small claims court keeps costs low and doesn’t require a lawyer, which changes the calculation for modest amounts. Second, does the defendant actually have money or assets you can reach? Winning against someone with nothing gives you a piece of paper, not a check.
Pin down a specific dollar amount you can back up with documentation. Start with the principal debt or repair cost. If your contract includes an interest rate or late-fee provision, calculate those through your expected filing date. Some states allow prejudgment interest by statute even without a contract clause.
Gather Your Evidence
Solid documentation is what separates cases that win from cases that stall. Pull together written contracts, loan agreements, invoices, and payment records showing what the defendant owes. Bank statements, bounced checks, and receipts for partial payments establish the timeline. Emails and texts where the defendant acknowledged the debt or discussed payment are especially useful because they’re hard to dispute. For property damage, take photographs, get repair estimates, and keep any police or incident reports.
You also need the defendant’s correct legal name and a current address. Getting this wrong can derail your case, because the court needs proof the right person was properly notified. If you’re suing a business, its official registered name may differ from the name on its storefront or website. Every state maintains a business entity database through the Secretary of State’s office where you can search for a company’s legal name and its registered agent for service.
Send a Demand Letter First
Before filing anything, send the debtor a written demand letter. It sometimes resolves the dispute without a lawsuit, it shows a judge you made a good-faith effort, and some states require one for certain claim types.
Keep it factual and direct. State what the debtor owes, explain why they owe it, set a specific payment deadline (usually 10 to 30 days), and say you’ll file a lawsuit if they don’t pay. Send it by certified mail so you have a delivery receipt for your case file.
Pick the Right Court
Two questions decide where you file: how much you’re claiming, and where the dispute is connected geographically.
Small Claims or Civil Court
Every court has a dollar ceiling on the cases it can hear. Small claims courts handle lower-value disputes through a simplified, faster, cheaper process designed for people without lawyers. The maximum claim varies widely by state, from $2,500 at the low end to $25,000 at the high end.1National Center for State Courts. FAQ: How Small Is a Small Claims Case? If your claim exceeds your local limit, you file in general civil court, which handles any dollar amount but involves more formal procedures.
If your claim sits slightly above the small claims limit, you can sometimes voluntarily reduce your demand to fit within it. You forfeit the excess, but you avoid the higher costs and longer timeline of civil court.
Where Geographically
Federal rules allow filing where the defendant lives or where the events giving rise to your claim occurred.2Office of the Law Revision Counsel. 28 U.S. Code 1391 – Venue Generally State courts follow similar principles. Filing in the wrong location doesn’t automatically kill your case, but the defendant can ask to have it moved or dismissed, costing you time.
File the Complaint
The document that officially starts your case is called a complaint (some courts call it a petition). It identifies you and the defendant, explains the facts, states your legal basis for suing, and specifies the dollar amount you’re seeking.3United States Courts. Complaint for a Civil Case In small claims court, the form is typically a single page with fill-in-the-blank fields. Civil court complaints are more detailed, though most courts provide templates for self-represented filers.
You submit the complaint to the court clerk with a filing fee. Small claims fees generally run from around $10 to $300 depending on the state and claim size; civil court fees run higher. If you can’t afford the fee, apply for a waiver. Eligibility rules differ: some states tie it to the federal poverty level, some look at whether you receive public benefits, and others leave it to a judge’s discretion.4National Center for State Courts. Civil Fee Waivers: A Necessity for Access Once the clerk accepts your filing, the case gets a unique number that goes on every document from that point on.
Serve the Defendant
Filing alone doesn’t put the defendant on notice. You must formally deliver copies of the complaint and a court summons through “service of process.” You cannot do this yourself. The law requires someone uninvolved in the case to handle delivery so the court can trust it was done properly.
Common methods include hiring a professional process server, having the sheriff’s department deliver the papers for a fee, or, where allowed, sending them by certified mail with return receipt. Federal rules also allow personal hand-delivery to the defendant, leaving copies at their home with a responsible adult who lives there, or delivering to an authorized agent.5U.S. District Court for the District of Kansas. Federal Rules of Civil Procedure, Rule 4 – Summons State courts follow similar approaches.
Afterward, whoever served the papers completes a proof of service form (sometimes called an affidavit of service) and files it with the court. That document is your evidence the defendant was legally notified. Sloppy service can get your case dismissed.
What Happens After Service
The defendant has a limited window to respond. In federal court, the deadline is 21 days.6Legal Information Institute. Federal Rules of Civil Procedure Rule 12 State courts commonly allow 20 to 30 days. Three things can happen from there.
They File an Answer
If the defendant contests your claim, they file an answer responding to each allegation and possibly raising defenses. They may also file a counterclaim arguing you owe them. Filing an answer moves the case into active litigation.
They Do Nothing
If the defendant ignores the lawsuit and misses the deadline, they go into “default.” You can ask the court to enter a default judgment in your favor.7Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment For straightforward debt claims where the amount is clear, the clerk can sometimes enter judgment. Where damages need calculation, a judge may hold a brief hearing. Either way, a default judgment is fully enforceable and lets you begin collection. Courts can set aside a default if the defendant later shows good cause, but that’s an uphill fight for them.
They Want to Settle
Getting served often motivates people to negotiate. The defendant may propose a payment plan or a reduced lump sum. Many courts encourage settlement and may order both parties into mediation. If you reach a deal, put it in a written settlement agreement that specifies payment terms and releases the claims on both sides. A signed settlement is a binding contract, and you can ask the court to incorporate it into an order for easier enforcement if the defendant later defaults on payments.
Discovery and Trial
If your case is in general civil court and the defendant answers, both sides enter discovery. This is where each party demands information and evidence from the other, using written questions answered under oath (interrogatories), requests to produce documents, and depositions where witnesses answer questions in person before a court reporter.8Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery Federal court and many state courts also require initial disclosures early on: witnesses, relevant documents, and damage calculations, shared without being asked. Small claims court skips discovery entirely, which is why it’s faster. Many civil cases settle during discovery once both sides see the strength of the other’s evidence.
If no settlement happens, the case goes to trial. Small claims trials are informal and often under an hour. Civil trials are structured and can run days. Your burden as plaintiff is “preponderance of the evidence” — more likely than not that the defendant owes you the money. That’s a much lower bar than the criminal standard. If you win, the court enters a judgment specifying the amount the defendant must pay.
Collecting After You Win
A judgment is a court order saying someone owes you money. It is not a check. The court doesn’t collect for you, and this is where many people who win lawsuits hit a wall. If the defendant doesn’t pay voluntarily, you become a “judgment creditor” with several tools to force payment.
Wage Garnishment
You can ask the court to order the defendant’s employer to withhold part of each paycheck. Federal law caps garnishment for ordinary debts at 25% of the debtor’s disposable earnings, or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage, whichever takes less.9Office of the Law Revision Counsel. 15 U.S. Code 1673 – Restriction on Garnishment Some states set lower limits. Social Security, disability benefits, and veterans’ benefits are generally exempt from garnishment entirely.
Bank Account Levy
A levy directs the debtor’s bank to freeze their account and turn over funds to satisfy the judgment. This can be one of the most effective tools because it reaches money already there. Most states protect a minimum account balance from levy, and directly deposited government benefits typically get additional protection.
Judgment Liens on Property
You can record your judgment against the debtor’s real estate, creating a lien that must be paid when the property is sold or refinanced. Judgment liens last from five to twenty years depending on the state, with ten years the most common. Most states allow renewal before expiration. County recording fees are generally modest, often under $100.
Finding the Debtor’s Assets
If you don’t know where the debtor works or banks, ask the court to compel a debtor examination. The debtor must appear and answer questions under oath about income, bank accounts, property, and other assets. Failing to appear can lead to a contempt finding and arrest. What you learn tells you where to direct garnishments and levies.
What You’ll Pay Out of Pocket
The default rule in the United States is that each side pays its own legal costs regardless of who wins, called the “American Rule.”10United States Department of Justice. Civil Resource Manual 220 – Attorneys Fees Exceptions exist: some contracts include a fee-shifting clause, certain statutes shift fees in specific case types, and courts can award fees when the losing side acted in bad faith. Outside those situations, your legal costs come out of your recovery.
In small claims court, your out-of-pocket costs are typically just the filing fee and service costs, and you represent yourself. In civil court with a lawyer, costs escalate through discovery, depositions, and trial prep. Many attorneys handling straightforward debt cases work on contingency, taking a percentage of what’s recovered, or offer flat-fee arrangements. Ask about billing structure before hiring anyone.