small-claims-court

How to File a Lawsuit Against Someone (Without a Lawyer)

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20 Feb 2026 • 7 min read

You have been wronged. Someone owes you money and will not pay. A company provided terrible service and refuses to make it right. A contractor did shoddy work and vanished. Whatever the story, you are done waiting and ready to do something about it.

The question is: how do you actually file a lawsuit against someone? And can you really do it without hiring a lawyer?

The answer is yes. Millions of Americans represent themselves in court every year. It is called filing "pro se" (Latin for "on one's own behalf"), and the legal system has built-in pathways specifically for people who want to handle their own cases.

This guide breaks down the entire process of how to file a lawsuit against someone, from deciding whether to sue to collecting your money after you win.

First Question: Do You Actually Need to Sue?

Filing a lawsuit should be your backup plan, not your opening move. Before you file anything, consider whether the dispute can be resolved without going to court.

Start With a Demand Letter

A demand letter is a formal, written request that tells the other party what they owe and gives them a deadline to pay before you take legal action. It is not a lawsuit. It is a warning shot.

Why does this matter?

Many courts require proof that you tried to resolve the dispute before filing
A well-crafted demand letter signals that you are serious and prepared to follow through
About 70% of demand letters lead to a resolution without ever going to court

Your demand letter should clearly state what happened, what you are owed, your deadline for payment (14 to 30 days is standard), and your intention to file a lawsuit if the issue is not resolved.

Send it by certified mail or through a platform that tracks delivery. You want proof that the other party received it.

Understanding Your Options: Small Claims vs. Civil Court

If the demand letter does not work, it is time to file. But where? The answer depends on how much money is involved.

Small Claims Court

For most everyday disputes, small claims court is the way to go. It is designed for people filing a lawsuit against someone without a lawyer.

Key benefits of small claims court:

No attorney required (and in some states, not even allowed)
Filing fees are low, typically $30 to $200
Cases are heard quickly, usually within 30 to 90 days
Rules are simplified so regular people can participate

Each state sets its own dollar limit for small claims. Some examples:

California: $12,500 for individuals
Texas: $20,000
New York: $10,000
Florida: $8,000
Tennessee and Delaware: $25,000

If your claim falls within your state's limit, small claims court is almost always the best path. It is faster, cheaper, and you do not need legal training to navigate it.

Regular Civil Court

If your claim exceeds the small claims limit, you will need to file in regular civil court. This involves more formal procedures, more paperwork, and a longer timeline. While you can still represent yourself pro se in civil court, the process is more complex and many people choose to consult with a lawyer at minimum.

For the rest of this guide, we will focus on the small claims path since that is the most common route for people filing without a lawyer.

How to File a Lawsuit Against Someone: Step by Step

Step 1: Identify Who You Are Suing

This sounds obvious, but getting the defendant's information right is critical. You need:

Full legal name. If you are suing a person, use their legal name, not a nickname. If you are suing a business, use the registered business name.
Current address. You need this to file the paperwork and serve the defendant.
Business status. If you are suing a company, figure out if it is an LLC, corporation, or sole proprietorship. This affects how you name them in the lawsuit.

If you are unsure of a business's legal name, check your state's Secretary of State website. Most states have a free business search tool.

Step 2: Determine the Right Court and County

You must file your case in the correct jurisdiction. Typically, this means the county where:

The defendant lives or operates their business
The dispute occurred
A contract was signed or was supposed to be fulfilled

Filing in the wrong court wastes time and money. If you are not sure, call the court clerk's office. They cannot give legal advice, but they can confirm whether your case belongs in their court.

Step 3: Get and Complete the Forms

Every court has specific forms for filing a small claims case. You can usually find them on your county court's website or pick them up at the clerk's office.

The forms will ask for:

Your name, address, and phone number
The defendant's name and address
The dollar amount you are claiming
A brief factual description of the dispute
The date and location of the incident

Keep your description simple and factual. You do not need legal language. Just explain what happened and why you are owed money.

Step 4: File the Paperwork and Pay the Fee

Bring your completed forms to the court clerk's office (or file them online if your court allows it). You will pay a filing fee at this point.

Filing fees vary but generally fall in these ranges:

$30 to $50 for smaller claims
$50 to $75 for mid-range claims
$75 to $200 for larger claims

Cannot afford the fee? Most courts offer fee waivers for people who qualify based on income. Just ask the clerk.

Once filed, the court assigns your case a number and sets a hearing date.

Step 5: Serve the Defendant

The law requires that the defendant be formally notified about the lawsuit. This is called "service of process." You cannot serve the papers yourself.

Your options for service include:

Certified mail: The court or you send papers by certified mail with return receipt requested
Process server: A professional delivers the papers in person (typically $40 to $75)
Sheriff's office: The local sheriff delivers the papers (fees vary by county)
Substituted service: If the defendant is avoiding service, there are legal ways to serve them through alternative methods

Keep your proof of service. You will need to show the court that the defendant was properly notified.

Step 6: Build Your Case

The time between filing and your court date is when you prepare. Think of yourself as telling a story to the judge. Your job is to make that story clear, credible, and supported by evidence.

Organize your evidence into categories:

The agreement: What was the deal? (contracts, texts, verbal agreements with witnesses)
The breach: How did the other party break the agreement? (photos, communications, invoices)
The damage: What did it cost you? (receipts, bank statements, repair estimates)
The attempt to resolve: Your demand letter and any response (or lack of response)

Create a simple timeline. Practice explaining your case out loud. Keep it under five minutes. Judges appreciate brevity.

Step 7: Go to Court

Your hearing day arrives. Here is what to expect:

What to wear: You do not need a suit, but look presentable. Business casual works fine.

What to bring:

All evidence, organized with copies for the judge and the defendant
Your timeline and notes
Any witnesses
A pen and notepad

How the hearing works:

The judge calls your case
You (the plaintiff) present your side first
Show your evidence as you explain each point
The defendant presents their side
The judge may ask questions to both of you
The judge makes a ruling (sometimes on the spot, sometimes by mail within a few days)

Court etiquette:

Stand when the judge enters and leaves the room
Address the judge as "Your Honor"
Do not interrupt the defendant during their turn
Stay factual. Emotion is understandable, but facts win cases.

Step 8: Collect Your Judgment

If you win, congratulations. The judge will issue a judgment stating how much the defendant owes you. But here is the reality: the court does not collect the money for you.

If the defendant pays voluntarily, great. If not, you have enforcement tools:

Wage garnishment: A court order directs the defendant's employer to send you a portion of their paycheck
Bank levy: You can seize funds directly from the defendant's bank account
Property lien: A lien on their property that must be resolved before they can sell it
Vehicle lien: Some states allow liens on the defendant's vehicle

The court clerk's office can walk you through the collection options available in your state.

What Does It Cost to File a Lawsuit Without a Lawyer?

One of the best things about small claims court is the cost. Here is a realistic breakdown:

Filing fee: $30 to $200
Service of process: $0 (certified mail) to $75 (process server)
Evidence preparation: Free if you have digital copies, small printing costs otherwise
Total: Most people spend under $150 total

Compare that to hiring an attorney, where you could easily spend $1,000 or more just to get started. Small claims court puts justice within reach of regular people.

Common Reasons People File Lawsuits Without a Lawyer

If you are wondering whether your situation fits, here are the most common types of cases people file on their own:

Unpaid debts: Someone borrowed money and will not pay it back
Security deposit disputes: A landlord withheld your deposit without justification
Contractor issues: Poor workmanship, unfinished jobs, or contractors who took payment and disappeared
Car accidents: Property damage claims against the at-fault driver
Defective products or services: You paid for something that did not work as promised
Unpaid wages: An employer owes you money for work you performed
Broken contracts: Someone failed to hold up their end of a deal

Tips for Winning Your Case

Be prepared, not perfect. Judges do not expect you to know the law. They expect you to know your facts and have evidence.
Keep it simple. The clearest, most straightforward explanation usually wins.
Bring copies. Have at least three copies of every document: one for you, one for the judge, one for the defendant.
Stay respectful. Being polite and calm goes a long way in court.
Follow up on collection. If you win and the defendant does not pay, do not let the judgment expire. Act on it.

You Can Do This

Filing a lawsuit against someone without a lawyer is not just possible. Millions of people do it every year. The small claims court system was built for this exact purpose: giving regular people a fair, affordable, and accessible way to resolve disputes.

The biggest barrier is not the legal system. It is the feeling that you cannot do it. You can.

PettyLawsuit makes the process even easier. The platform helps you build your case, create a professional demand letter, and file in small claims court across all 50 states. Over 2,500 people have used it to stand up for what is right. Start your case at PettyLawsuit.com.