How to File a Lawsuit

When people want to sue someone, they must follow legal procedures. These procedures include filing papers in court and serving the papers on the person you are suing (called “serving” them). If the other party does not respond to the papers by a deadline, the judge will make a decision about the case.

How to File a Lawsuit many cases, a court can decide whether a defendant must pay damages for a particular wrong. The court may also order the defendant to do or stop doing something. This is called injunctive relief. The court can also award money to a plaintiff, called compensatory or monetary relief. The amount depends on the type of case and what the plaintiff asks for in their complaint.

How to File a Lawsuit: Essential Tips for Success

Before the lawsuit can start, a person who wants to sue must fill out a court form called a complaint. The complaint must explain what the defendant did that the plaintiff believes is wrong. The complaint must also tell the court where the incident occurred. The court also has specific rules about what types of cases are heard in each county.

For example, Small Claims Court cases are usually heard in the county where the defendant lives, works or has a business. Other types of cases are heard in the county where the dispute arose. Some cases may also be heard in a higher court, such as District Court or Superior Court. If you are suing for more than $5,000 or want a jury to decide your case, you must file your complaint in Circuit Court.