How to File a Civil Money Complaint

A civil complaint may seek monetary or non-monetary relief.

If you have been injured or wronged, you are entitled to file a civil complaint to recover monetary relief for damages sustained. The process for civil causes of action varies by jurisdiction. However, jurisdictions follow the same general procedure for filing a complaint.

Instructions

1. Determine the right jurisdiction. In general, state courts handle tort matters for which a plaintiff is seeking monetary relief. However, file in federal court if the cause of action

   has diversity of jurisdiction (more than one state is implicated) or involves a constitutional question. Determine the proper venue. The venue is the city or county (if state court) or district (if federal court) where the cause of action is relevant.

2. Consult the local rules of the court to ascertain the process for filing a civil complaint and to obtain any required forms. Draft a complaint or complete the complaint form, according to the local rules for pleadings. Caption the complaint with the jurisdiction, venue and style of the case (party names). Justify jurisdiction, if filing in federal court, by setting forth the facts of the case and points of law that support federal jurisdiction. State your claim and the prayer (amount of monetary relief) that you seek.

3. Sign the complaint and file the complaint in the clerk's office of the court before the statute of limitations expires, depending on the local rules of the court. Serve the defendant(s) with the complaint and summons (the form for which can be obtained from the clerk's office) by the deadline for service or the complaint will be dismissed.

References

• Western District of Washington: Sample Complaint
• Massachusetts Courts: Starting a Civil Case
• Federal Courts: Jurisdiction of Federal Courts

Resources

• Read this Article in Spanish