Before You Sue
Consider these factors:
- Is the defendant collectible? Can they actually pay if you win?
- What are your damages? Can you prove them?
- Is there a statute of limitations?
- Would mediation or arbitration be faster/cheaper?
Step 1: Draft the Complaint
The complaint must include:
- Identification of parties
- Statement of facts
- Legal claims (causes of action)
- What you’re asking for (damages, injunction, etc.)
Step 2: File with the Court
File in the appropriate court (based on amount in controversy and subject matter). Pay the filing fee.
Step 3: Serve the Defendant
The defendant must be properly served with the summons and complaint.
Step 4: Discovery
Both sides exchange information through interrogatories, document requests, and depositions.
Step 5: Trial or Settlement
Most cases settle before trial. If not, prepare for court.