How to Sue Someone Without an Attorney

Filing a lawsuit without an attorney can be difficult, as you need to file within strict deadlines, use legally prescribed formats for your documents, and follow a detailed set of procedures. While the clerk of your local court can be valuable resource as you proceed with your case, he can only point you in the direction of resources. It will be up to you to research the rules and laws governing your case. If you are planning to file a lawsuit without an attorney, it is advisable to at least consult with a private lawyer or legal aid office prior to filing your suit to make sure you are in compliance with the law.

Instructions

1. Determine the proper jurisdiction. Before you can sue someone without a lawyer, you will need to determine the appropriate court to file your lawsuit. This can be particularly difficult if you are suing someone who resides in another state. If you file your lawsuit in the wrong jurisdiction, your case may be dismissed, so it is advisable to talk to the clerk of the court in your city or county before preparing your paperwork.

2. Understand the law. Before you sue someone without an attorney, make sure that you have grounds on which to sue. Go to your local court's law library and research all aspects of your lawsuit to make sure your suit is not frivolous and to double check that you are filing your lawsuit within the statute of limitations. If you do not have proper grounds for a lawsuit or have waited too long to file suit, your case may be dismissed before you even get to argue its merits.

3. Learn the court's rules and procedures. In addition to understanding the laws governing your case, you will need to follow your court's procedures for filing documents, serving papers on the other party, calling witnesses, taking depositions, and entering evidence. Failing to follow court rules can lead to your evidence being excluded from your suit.

4. Draft and file your petition. Once you understand the laws and rules, you will need to draft your petition initiating your lawsuit. You will need to file it with the clerk of your local court and serve it on the opposing party in the manner prescribed by law.

Resources

• SelfHelpSupport.org
• Self-representation statistics