How to File Pro Se
When you file a lawsuit pro se, you are representing yourself. Filing a lawsuit pro se can be intimidating. The court system and its procedures can be complex depending on what you're trying to accomplish. But filing a lawsuit pro se is simple.
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Instructions
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Make sure you have tried every avenue of resolving the issue without court interference. For instance, try calling or writing the person to resolve the issue. It's good to have the communication in writing. For instance, if you email a client about money owed to you, it will serve as documentation and proof of your efforts to resolve the matter amicably and without court intervention. Keep all receipts and invoices.
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Know the monetary worth of your loss once you've decided that resolving the issue will not happen unless court intervention occurs. Certain courts have a monetary limit on the amount you can sue. For instance, Small Claims Court in New York City will not accept lawsuits for more than $5,000.
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Explain to the court clerk that you wish to file a law suit pro se once you've decided the monetary value of your suit and know which court to file your suit in. The clerk will first ask you the monetary amount of your suit.
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Fill in your name, address, and the monetary amount on the form the court clerk will hand you. The form will also ask you for the name and address of the defendant (the person you are suing). This is important. If you do not have the person's address, the court will not be able to send notice informing the person of the lawsuit.
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Pay a fee. In New York City, for example, the cost of filing a claim in Small Claims Court is $20. The clerk will then give you a document with the date, time and place of your court appearance. They will also mail a copy to the defendant's address.
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Be prepared on the date of the court hearing. You will be asked if you want a judge to hear the case or if you want mediation. If a judge hears the case and makes a ruling and you decide you don't like the ruling, you can always appeal.
However, if you choose mediation, the mediator's decision is final and you cannot appeal it. A mediator is an attorney who will listen to both sides of the issue and then make a decision within seven days.
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Tips & Warnings
Have all documents and evidence supporting your claim pertaining to your case readily available as this will convince the mediator or judge that you are in the right.
