How to File a Lawsuit
Filing is a procedure, not a decision. You draft a complaint, choose the right court, pay a fee, and have the defendant served according to rules that are stricter than most people expect. Each of those steps can end the case if it is done wrong.
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Reviewed by Leonard Goldberg, Editor · Last updated
Before You File: Three Questions
Is there a legal claim? Being treated badly is not the same as having a cause of action. Someone must have breached a duty the law recognises — a contract, a statutory obligation, a duty of care — and that breach must have caused you a loss the law compensates.
Is it within the deadline? Every claim has a statute of limitations, commonly two to six years depending on type and state, and much shorter for claims against government entities. Miss it and the merits become irrelevant.
Can the defendant pay? A judgment against someone with no assets and no insurance is a piece of paper. This question deserves answering before you spend anything, not after you win.
Case Details
Choosing the court is the first real decision. Small claims court handles disputes up to a limit that varies by state (commonly $5,000-$15,000), with simplified procedure, low fees and often no lawyers — it is the right venue for most consumer disputes and unpaid debts. State civil court handles larger claims. Federal court is limited to cases raising federal questions or between citizens of different states with more than $75,000 at stake. Filing in the wrong court wastes the fee and the time, and in some situations the deadline expires in the meantime.
The Filing Sequence
2. File it and pay the fee. Filing fees commonly run from under $100 in small claims to around $400 in federal court. If you cannot afford it, every court has a fee waiver procedure based on income — an in forma pauperis application.
3. Serve the defendant. This is where self-filed cases most often fail. Service must follow the rules exactly — usually personal delivery by a process server or sheriff, sometimes certified mail. You cannot serve the papers yourself, and defective service can void the case.
4. The defendant answers, typically within 20 to 30 days, either responding to the allegations or moving to dismiss.
5. Discovery, motions, and then settlement or trial.
What It Costs
Filing fees are the smallest part. Service of process runs perhaps $50-$150. Discovery is where the money goes: court reporters for depositions, document production, and expert witnesses, who in injury and malpractice cases commonly charge thousands. Then attorney fees: hourly in most commercial and employment matters, contingency in personal injury (typically a third, around 40% if the case is filed or tried, with nothing upfront). The United States follows the American Rule — each side generally bears its own legal costs regardless of who wins, unless a contract or a specific statute shifts them. That is different from most of the world, and it is the reason a claim that is clearly right can still be uneconomic to bring.
The Realistic Expectation
The Sequence in Practice
- 1
Demand letter
Not legally required in most cases, but often effective and sometimes a precondition. It also documents that you tried to resolve matters, which courts notice.
- 2
Complaint drafted and filed
In the correct court, within the deadline, with the fee paid or waived. The court assigns a case number and issues a summons.
- 3
Service of process
The defendant is formally served under the applicable rules. This step has its own deadline, and getting it wrong is the most common way a self-filed case fails.
- 4
Answer or motion to dismiss
The defendant responds within the state's window, typically 20 to 30 days, either answering the allegations or arguing the case should not proceed at all.
- 5
Discovery
Written questions, document requests and depositions. This is the longest and most expensive phase, and it runs in both directions.
- 6
Mediation, then settlement or trial
Most courts require mediation before trial, and most cases resolve there. The small remainder are tried.
Where Self-Filed Cases Fail
Three procedural failures account for most dismissals of cases filed without a lawyer:
Defective service
Serving the papers yourself, using the wrong method, or serving the wrong entity. A corporation must usually be served through its registered agent, not at a shop counter. Defective service can void everything that follows.
Suing the wrong party
The trading name on a shopfront is often not the legal entity. Suing "Joe's Garage" when the entity is a limited company with a different registered name produces a judgment against nobody.
Missing the deadline while negotiating
The statute of limitations does not pause because the other side is talking to you, and a party that benefits from delay has every reason to keep talking.
Questions People Actually Ask
How much does it cost to file a lawsuit?
Filing fees range from under $100 in small claims to around $400 in federal court, and fee waivers are available based on income. The filing fee is the smallest cost — service, discovery and expert witnesses account for far more in a contested case.
Can I file without a lawyer?
Yes. You have the right to represent yourself, and small claims court is designed for it. In larger civil cases it is harder than it looks: procedural mistakes are frequently unfixable, and the other side will usually be represented.
How long do I have to file?
It depends on the type of claim and your state — commonly two to six years, shorter for personal injury in many states, and much shorter for claims against government entities, sometimes a matter of months. Once it passes, the merits no longer matter.
What is service of process?
Formally delivering the complaint and summons to the defendant under the court's rules, usually through a process server, sheriff or certified mail. You generally cannot do it yourself, and defective service can invalidate the case.
Should I use small claims court?
For most consumer disputes within the limit, yes. It is faster, far cheaper, and designed to work without lawyers. The trade-off is the cap on what you can recover and limited or no discovery.
What happens after I file?
The defendant is served and responds, usually within 20 to 30 days, either answering or moving to dismiss. Then discovery, then mediation in most courts, then settlement or trial. Expect a year or more overall.
Will I have to go to court?
Probably not for a trial — around 95% of civil cases settle. You may attend hearings and mediation, and you will likely be deposed. Filing usually buys a negotiating position rather than a courtroom.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.