How to Bring a Civil Lawsuit Without a Lawyer

It is challenging to file a civil lawsuit without a lawyer.

Civil courts handle all kinds of claims ranging from landlord and tenant disputes to small claims cases and allegations of property damage. Many plaintiffs choose to represent themselves in civil court. While it is wise to consult an attorney before filing a civil lawsuit, it is possible to file the suit without a lawyer. Before representing yourself in civil court, you should have an in-depth understanding of civil law and court system processes.

Instructions

1. Decide what kind of compensation you should seek and look for evidence to support your claim. For example, a landlord may file a civil suit against a delinquent tenant and use bank history records as evidence.

2. Choose a court. Depending on the amount of damages you seek, your complaint will either be sent to a small claims court, a limited jurisdiction court or an unlimited jurisdiction court.

3. File a complaint with the court. You can find complaint forms in the clerk's office. The complaint must include the names and addresses of both the plaintiff and the defendant, the desired court venue and your ultimate goal. Depending on your state and municipality, you may have to pay a fee when you file.

4. Fill out a Certificate of Representation form if you plan on representing any other plaintiffs in addition to yourself.

5. Fill out a summons if required and serve the complaint to the defendant. The defendant must have a copy of all of the paperwork that you filled out when filing the suit. Because the process of serving a complaint is complicated and varies by state, municipality and claim type, check the guidelines with your local court before serving the complaint.

6. Wait for the defendant to file an answer or counterclaim. This should take no longer than one month.

Tips & Warnings

• Try to handle your dispute in mediation before filing a lawsuit.

• Unless you have a solid understanding of civil law, it may be in your best interest to hire a lawyer.

• Make several copies of all paperwork.

References

• Northern District of California: Handbook for Litigants Without a Lawyer
• Superior Court of California County of Santa Clara: Self Service Center
• Delaware State Courts: How to Start a Civil Action in the Justice of the Peace Court
• Massachusetts Court System: Starting a Civil Case