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Filing a Civil Lawsuit

Educational Information Only. Not Legal Advice.
The content on this page is for informational purposes and does not constitute legal advice. Laws can vary by jurisdiction and change over time. For advice on a specific situation, please consult a qualified attorney.

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.