How to File a Lawsuit Without a Lawyer
Make sure your claim falls within the court's limits., Check the statute of limitations for your claim., Get the forms you need., Fill out your forms., Sign your forms., File your forms with the small claims court clerk., Have the forms served on...
Step-by-Step Guide
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Step 1: Make sure your claim falls within the court's limits.
Small claims courts are courts of limited jurisdiction, so you cannot ask for more than the maximum amount the court has the power to order.
The court also must have personal jurisdiction, which means it must have the power to order the person you're suing to pay you money if you win.
Typically this means you need to sue in the county where the person you're suing lives.Check as well to make sure that the type of case you have is one decided in small claims.
Even if the monetary amount is small, it may not fit within the court's limits.
The limit typically is between $3,000 and $10,000, but that's a broad range.
For example, the limit for small claims is $5,000 in New York, but $10,000 in California.Also keep in mind that small claims courts generally don't decide divorce, guardianship, custody, or estate matters, nor do they provide equitable remedies. -
Step 2: Check the statute of limitations for your claim.
Statutes of limitations provide a deadline after which you aren't allowed to sue someone, even if they wronged you., Most states provide a simple form you can fill out for a small claim., Follow the formatting rules of your court as laid out on the form.
For example, many jurisdictions require you either to type out your information or to print using blue or black ink.
Make sure all the information you're telling the court is true and correct, and that you have the full legal name of the person or business you're suing., You must sign and date your forms before the court will hear your claim.
Once you've signed your forms, make at least two copies: one for your records and one for the person you're suing.
The court will keep the originals when you file them., Once you've signed your forms, take the original and your copies to the clerk of court's office for filing.
You'll have to pay a fee when you file your forms, usually under a hundred dollars.If you can't afford the fee, you may be able to make a request to have the fee waived.
You probably will have to provide information about your financial status including your income and assets., To have a trial, the person you're suing has to have sufficient legal notice that you're suing him.In small claims cases, the clerk may arrange service for you through the sheriff's department for a small fee.
The sheriff's department then files the proof of service the court needs to ensure the trial is fair.If you're responsible for service, you can't do it yourself, but you can get anyone over 18 who isn't involved in your case to do it for you.
They will have to sign the proof of service form, which you will have to file.
You also can contact the sheriff's department yourself, or use a private process serving company., Many jurisdictions simply assign you a trial date when you file a small claim, so if you don't show up on that date, you lose your case.Some jurisdictions add a "first appearance" date that you don't need to show up for, only the person you're suing does.
If this is the case in your state, the clerk will let you know.When you appear, dress in clean, conservative clothing and treat all court staff including the judge with respect and courtesy.
Check with the court before you go to make sure you've left any prohibited items such as pocket knives or cell phones at home.
Bring any documents or witnesses you need, but keep everything organized so you won't disrupt the court looking for something. -
Step 3: Get the forms you need.
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Step 4: Fill out your forms.
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Step 5: Sign your forms.
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Step 6: File your forms with the small claims court clerk.
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Step 7: Have the forms served on the other side.
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Step 8: Appear in court on your appointed date.
Detailed Guide
Small claims courts are courts of limited jurisdiction, so you cannot ask for more than the maximum amount the court has the power to order.
The court also must have personal jurisdiction, which means it must have the power to order the person you're suing to pay you money if you win.
Typically this means you need to sue in the county where the person you're suing lives.Check as well to make sure that the type of case you have is one decided in small claims.
Even if the monetary amount is small, it may not fit within the court's limits.
The limit typically is between $3,000 and $10,000, but that's a broad range.
For example, the limit for small claims is $5,000 in New York, but $10,000 in California.Also keep in mind that small claims courts generally don't decide divorce, guardianship, custody, or estate matters, nor do they provide equitable remedies.
Statutes of limitations provide a deadline after which you aren't allowed to sue someone, even if they wronged you., Most states provide a simple form you can fill out for a small claim., Follow the formatting rules of your court as laid out on the form.
For example, many jurisdictions require you either to type out your information or to print using blue or black ink.
Make sure all the information you're telling the court is true and correct, and that you have the full legal name of the person or business you're suing., You must sign and date your forms before the court will hear your claim.
Once you've signed your forms, make at least two copies: one for your records and one for the person you're suing.
The court will keep the originals when you file them., Once you've signed your forms, take the original and your copies to the clerk of court's office for filing.
You'll have to pay a fee when you file your forms, usually under a hundred dollars.If you can't afford the fee, you may be able to make a request to have the fee waived.
You probably will have to provide information about your financial status including your income and assets., To have a trial, the person you're suing has to have sufficient legal notice that you're suing him.In small claims cases, the clerk may arrange service for you through the sheriff's department for a small fee.
The sheriff's department then files the proof of service the court needs to ensure the trial is fair.If you're responsible for service, you can't do it yourself, but you can get anyone over 18 who isn't involved in your case to do it for you.
They will have to sign the proof of service form, which you will have to file.
You also can contact the sheriff's department yourself, or use a private process serving company., Many jurisdictions simply assign you a trial date when you file a small claim, so if you don't show up on that date, you lose your case.Some jurisdictions add a "first appearance" date that you don't need to show up for, only the person you're suing does.
If this is the case in your state, the clerk will let you know.When you appear, dress in clean, conservative clothing and treat all court staff including the judge with respect and courtesy.
Check with the court before you go to make sure you've left any prohibited items such as pocket knives or cell phones at home.
Bring any documents or witnesses you need, but keep everything organized so you won't disrupt the court looking for something.
About the Author
Walter Roberts
Walter Roberts has dedicated 11 years to mastering education and learning. As a content creator, Walter focuses on providing actionable tips and step-by-step guides.
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