How to File a Lawsuit

Many people find that at some point in their lives, the only way to correct how they've been wronged is by filing a lawsuit. Unfortunately, with most of us in a state of financial depression, and attorneys coming at a very high price, litigation can be too costly to even be an option. The alternative to hiring an attorney, of course, is to file a lawsuit by yourself. And believe it or not, the process is not as difficult as it seems. Here's how to file a lawsuit:

Instructions

1. A lawsuit begins when a plaintiff, or the person initiating litigation, files a complaint. A complaint is a detailed document that lists the grievances that the plaintiff has suffered, such as damages or an injury, and includes evidence to back up those claims - the cause of action. The person, persons or company that caused these grievances is/are collectively call the defendant. The defendant must respond to the complaint with what is called an answer. Clever, right?

2. To file a complaint, you must first determine which court has jurisdiction over your case. If you are going to file a lawsuit to recover money that you have loaned to a friend, then chances are, you'll be filing in what is known as small claims court. Small claims court handles cases involving monetary damages ranging anywhere from $3000 to $5000, depending on your state's guidelines. Most personal lawsuits are in this range, and these types of cases usually don't require a lawyer's help, anyway. There are other types of civil courts that handle different types of cases, depending on how much money is involved and the nature of the case. To find out exactly which court should hear your case depending on the facts, you can contact the clerk of the court in your county courthouse, or visit your state's official website to learn more about the different courts.

3. When you have figured out where your case belongs, the next step is to initiate the claim with your complaint. As stated earlier, your complaint should contain the reason(s) you are suing, and evidence to back up your claims. You can find the appropriate forms for filing your complaint with the clerk. When your paperwork has been filled out, signed, and notarized, take it back to the clerk to have it filed. You will have to pay a filing fee, which usually averages between $25 to $500, depending on the court and the amount you are suing for. Once filed, you will receive a docket number, and your defendant will receive a summons notifying them of the complaint you have filed and the docket number, as well. Along with your docket number will be a date for your case to be heard.

4. After the defendant is notified of your complaint, they will need to file their answer. This will basically respond to every point you have made with either a counterpoint denying what you have said, or agreeing with the point you have made. Chances are, they'll be denying everything in your complaint - don't worry too much about that. When they file their answer, you'll also receive a copy, and be able to see exactly what they've said in response to your complaint, so you can be prepared to prove them wrong when it comes time to stand before the judge.

5. Along with their answer, the defendant may file something called a counterclaim. This is a document that basically says not only are you, the plaintiff, wrong about your complaint, but that the defendant is now also suing you for a list of reasons relevant to the same situation. When this happens, you will then need to file an answer to their counterclaim, the same way they filed an answer to your complaint. The counterclaim will be addressed in the same hearing that your case is heard in, though, so don't worry about dealing with two lawsuits - just be prepared to fight their counterclaim after you are done presenting your initial case. Many times, defendants will file a counterclaim just to scare their adversary, and sometimes the judge won't even address it for that reason, so don't worry too much if a counterclaim is filed in response to your complaint.

6. Now that your complaint has been filed and the defendant has answered, you have successfully filed a lawsuit. What comes next is the discovery phase, and then the matter can either be settled at any time before your court date, or your case will be heard by a judge. To learn more about what happens after you file a lawsuit, check out my other articles.