How to Sue in Civil Court
- 1). Consult a website like NOLO (nolo.com) to see if the statute of limitations has run out for your complaint. The statute of limitations is a time limit set for legal action. If the time limit on the type of case you want to file is two years and three have passed, you won't be able to file a suit. If the statute of limitations has no expired, you may file your suit.
- 2). Decide on an amount of damages or other reparations that you want, should you win your lawsuit. Then ensure that you can actually collect that amount from the potential defendant. For example, if you are suing for damages to furniture by a moving company but the company in question has no money or is out of business, the company may not be able to repay you even if the judge finds in your favor. You must decide if a case is really worth pursuing based on this.
- 3). Find the legal name of the individual, group or business you are planning to sue. This must be the name on all lawsuit documents. Not having the proper name could result in delays or dismissal.
- 4). Fill out all paperwork and file the lawsuit with your local civil court. Some cities may have paperwork you can print out from the city's official website and take to the courthouse, while others may only have the documents available at the courthouse. Go there and fill out any necessary papers and then meet with a clerk of the court. They will make sure all documents are filed and collect any fees. Fees include paperwork and court fees and vary from city to city. Some or all of these fees could be recouped if the judge finds in your favor.
- 5). Gather all evidence needed for the lawsuit. This includes paperwork and securing witnesses to testify, if necessary. In the example of suing a moving company for damages to furniture, you would need to gather receipts showing the value of the furniture, if available. Pictures of the damage to the furniture would also be needed. A bill for any repairs you paid for should be used as well.
- 6). Attend all pre-trial hearings and meetings that may be requested. For example, if the defendant you are filing against asks for a dismissal, the judge may hold a hearing to see if they have a compelling reason to dismiss your case. The defendant may also ask for more time to prepare their case or to delay the case due to a hardship from a health-related or family emergency. Though you may not have any such hearing requests, you should attend any that you are asked to.
- 7). Attend the trial and answer all questions truthfully. Present all evidence and wait for the judge to decide the outcome of your case.
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