Suing someone is a formal process with deadlines and rules. For smaller amounts, small claims court is simpler, but larger claims go through the regular civil courts.
Before you file
- Decide what you want: money, a specific action or a court order.
- Check the deadline for suing, called the statute of limitations.
- Send a written demand letter and give a reasonable deadline.
- Gather proof such as contracts, messages, photos and receipts.
- Decide whether small claims court or a regular civil court is the right place.
Main stages of a case
- Filing a complaint and paying the court fee.
- Serving the defendant with the papers.
- The defendant's answer or motion to dismiss.
- Discovery, where each side exchanges information.
- Settlement talks or mediation.
- Trial, then judgment.
- Possible appeal and collection.
Costs and time
Court filing fees, service fees and lawyer fees add up, and cases can take months or years. Many disputes settle before trial. If you represent yourself, expect to learn procedural rules, which courts generally apply to everyone.
Is it worth it?
Consider the strength of your evidence, the amount at stake, whether the defendant can pay and the cost. A lawyer's consultation can help you decide. See our guides to small claims court and to collecting a judgment.
Frequently asked questions
Can I sue without a lawyer?
Yes, in most civil courts, though complex cases are hard to handle alone.
What if the defendant cannot be found?
Courts have rules for alternative service, but you usually must show you tried hard to find them.