How to Sue Someone: The Complete Step-by-Step Guide (2026)

To sue someone, send a formal demand for payment first. If they don't respond, file a complaint at your local small claims court, pay a $30 to $75 filing fee, have the defendant served, and show up to your hearing with your evidence. Most cases settle before you ever see a judge. About 70% of disputes resolve after a demand letter alone.

What Does It Mean to Sue Someone?

When you sue someone, you file a civil lawsuit against them. You're asking a court to order them to pay you money, or to do something they promised to do.

A civil lawsuit is not a criminal case. In a criminal case, the government charges someone with breaking the law. In a civil case, you're the one taking action. You're saying someone wronged you, and you want the court to fix it.

Here are the key terms you'll hear:

Lawsuits can happen between people, between a person and a company, or between two businesses. You don't need to be rich or have a lawyer to file one. Millions of people file civil cases every year on their own.

The court you file in depends on how much money you're seeking. Small claims courts handle smaller disputes quickly and cheaply. Civil courts handle bigger or more complex claims.

Can You Sue Someone? How to Know If You Have a Case

Not every bad situation is a legal claim. But many common ones are.

You likely have a valid case if someone:

The key question is: did someone cause you real harm that can be fixed with money? If yes, you probably have a case.

Keep in mind that winning in court and collecting money are two different things. Even if you win, you need to collect. If the defendant has no money or assets, a judgment can be hard to enforce. Think about this before you file.

When in doubt, start with a demand letter. It's low cost and can reveal fast whether the other side will pay. Many people pay the moment they get a formal notice.

Can You Sue Someone for Emotional Distress?

Yes. You can sue someone for emotional distress. But it's harder to prove than a simple money claim.

There are two legal types of emotional distress claims:

IIED (Intentional Infliction of Emotional Distress) means someone did something extreme on purpose to cause you emotional pain. Stalking, harassment, and threats can qualify. A rude comment doesn't meet the bar.

NIED (Negligent Infliction of Emotional Distress) means someone was careless and their actions caused you real emotional harm.

To win either type, you need to show real harm. Courts look for:

A vague claim of "I felt bad" won't win. Emotional distress claims work best when paired with another claim, like harassment or personal injury.

Can You Sue Someone for Slander?

Yes. You can sue someone for slander. Slander is a form of defamation, and defamation is a real legal claim.

To win, you need to prove four things:

  1. The person made a false statement of fact (not just an opinion)
  2. They said it to at least one other person
  3. The statement was about you specifically
  4. It caused you real harm (losing a job, losing clients, damaged relationships)

Opinions don't count. "I think Jane is a bad contractor" is an opinion. "Jane stole money from me" when that's not true is a false statement of fact. Only the second one can lead to a slander lawsuit.

These cases are complex and hard to win without solid evidence. If you think you have one, talk to a lawyer before spending money to file.

How to Sue Someone: Step-by-Step Process

Here's exactly how to sue someone, from first step to final resolution. Follow these in order.

Step 1: Send a Demand Letter First

Before you file anything in court, send a demand letter. This is a formal written notice. It tells the other person what happened, what they owe, and what you'll do if they don't respond.

Demand letters work. About 70% of cases settle without ever going to court. A formal letter puts the other person on notice. It shows you're serious. Many people pay up rather than deal with a lawsuit.

A good demand letter includes:

You can write one yourself. Check out this guide on how to write a demand letter for a full walkthrough.

Or use PettyLawsuit. The demand letter starts at $29 and goes out by certified mail the same day. The $49 plan adds phone calls to the defendant, follow-up emails, and a Final Notice on day 10. PettyLawsuit has helped 2,500+ people get results, and 70% of cases resolve without ever stepping into court.

Don't skip this step. It saves time, money, and stress. Most cases end here.

Step 2: Figure Out Where to File

If the demand letter doesn't work, you need to pick the right court.

Small claims court is the best starting point for most people. It's faster, cheaper, and built for people without lawyers. Each state sets its own dollar limit. Most states cap claims between $5,000 and $25,000.

Civil court handles bigger claims and more complex legal issues. Cases here are slower and more expensive. You'll usually need a lawyer.

Check our guide on how to file small claims in every state to find your state's limit and process. If your claim is under the limit, go small claims. It's almost always the better choice for amounts under $10,000.

You also need to file in the right location. That usually means the county where the defendant lives or where the incident happened.

Step 3: Draft and File the Complaint

A complaint is the document that officially starts your lawsuit. It explains who you are, who you're suing, what they did, and what you want the court to order.

In small claims court, filing is simple. Most counties have a one-page form. Get it at the courthouse front desk or download it from the court's website. Fill it out, pay the filing fee, and you're in the queue.

In civil court, the complaint is more detailed. It needs to state your legal theory, list the facts, and specify the damages you're seeking. Most people hire a lawyer to draft civil court complaints.

Filing fees for small claims run from $30 to $75 depending on your state and claim amount. For civil court, expect $200 to $500 just to file.

Once you file, the court stamps your papers and assigns a case number. Keep copies of everything.

Step 4: Serve the Defendant

After filing, you have to officially notify the defendant. This is called service of process.

The defendant must receive a copy of your complaint and a summons. The summons tells them they're being sued and when to respond or appear.

Common ways to serve someone:

Rules vary by state. Some states handle service when you file. Others require you to arrange it. Ask the court clerk when you file.

The case can't move forward until the defendant is properly served. If service fails, the case gets delayed.

Step 5: Gather Your Evidence

In small claims court, discovery is minimal or skipped entirely. You just show up with your evidence on the hearing date. Bring everything that supports your case: contracts, receipts, texts, photos, emails, invoices.

In civil court, discovery can be intense. It includes written questions, document requests, and depositions. Discovery alone can take three to twelve months in a civil case.

Even in small claims, prepare well. Organize your evidence in order. Know what you're going to say before you walk in. The more prepared you are, the better you'll do.

Step 6: Try to Settle

Even after you file, settlement is still on the table. The goal isn't to win at trial. The goal is to get what you're owed.

Most civil cases settle before trial. Both sides save time and money when they reach an agreement. A settlement also gives you certainty. A trial always carries risk.

Don't turn down a fair offer just to make a point. If they offer 80% of what you're owed, ask yourself: is the extra 20% worth another six months of stress?

Get any settlement agreement in writing and signed before you dismiss the case.

Step 7: Go to Your Hearing

If you can't settle, you go to court. Both sides present their case. The judge decides who wins.

In small claims court, hearings are simple and fast. They usually last 15 minutes to an hour. You tell your story, show your evidence, and the judge asks questions.

In civil court, trials can last days or weeks. Lawyers make opening and closing arguments. Witnesses testify. Both sides challenge each other's evidence.

If you win, the court enters a judgment in your favor. The defendant is ordered to pay. If they don't pay voluntarily, you may need extra steps to collect.

Step 8: Collect Your Judgment

Winning is one thing. Getting paid is another. Some defendants pay quickly. Others drag their feet or ignore the judgment entirely.

If the defendant won't pay, you have legal tools to force collection:

To use these tools, you typically file additional paperwork with the court after your judgment. The clerk can walk you through the steps. Collection takes time, but the law is on your side.

How to Sue a Company

Suing a company works mostly the same way as suing a person. But there are a few things you need to handle differently.

You can't just write "Bob's Plumbing" on a court form. You need the company's official legal name. Here's how to find it:

If the business is an LLC or corporation, use the registered name exactly as it appears in state records.

Serve the Company Correctly

Companies can't receive papers in person the way a human can. You serve a company through its registered agent. A registered agent is a person or service the company designates to accept legal papers on its behalf.

Look up the registered agent in your state's Secretary of State database. Serve them the same way you'd serve an individual.

What You Can Sue a Company For

Most disputes people have with businesses fall neatly into small claims court territory:

If your employer wronged you, there are additional legal routes. Our guide on suing your employer covers workplace disputes in detail.

For most money disputes with a business, small claims is the fastest and cheapest path. Companies often settle quickly once they're officially served. A lawsuit is bad PR, and many businesses would rather pay than show up to court.

Can You Sue Someone Without a Lawyer?

For small claims court, yes. Courts build the small claims process for ordinary people. The forms are simple, the hearings are casual, and judges are used to non-lawyers. Some states don't even allow lawyers in small claims court.

For most debt disputes, unpaid invoices, and property damage claims under a few thousand dollars, you don't need legal help. A demand letter and a small claims filing are enough.

When You Should Hire a Lawyer

Some situations call for legal help:

If the other side has a lawyer and you don't, you're at a disadvantage. In those cases, it's worth the cost to level the playing field.

To find a lawyer, start with your state's bar referral service. Search "[your state] bar lawyer referral." Many attorneys offer a free first call. For personal injury cases, most work on contingency, meaning you pay nothing unless you win.

How Much Does It Cost to Sue Someone?

The cost depends on how you approach it. Here's what to expect at each level:

For a full breakdown by state and case type, see our guide on the cost to sue someone.

The bottom line: start cheap. A demand letter is $29. Small claims costs under $200. Only escalate to civil court when the amount justifies it.

What Does a Personal Injury Lawsuit Look Like?

A personal injury lawsuit is a civil case where you claim someone's carelessness caused you physical harm. Car accidents, slip-and-fall injuries, dog bites, and medical malpractice are common examples.

Personal injury cases are different from typical small claims disputes:

To win, you need to prove four things:

  1. The other person had a duty to act carefully
  2. They failed to meet that duty
  3. Their failure caused your injury
  4. You suffered real damages

Most personal injury attorneys take 25% to 40% of what you recover. If you've been hurt due to someone's carelessness, talk to a lawyer soon. Most states have a deadline to file these claims. Waiting too long can kill your case.

Frequently Asked Questions

How do you sue someone?

Send a demand letter first. If that doesn't work, file a complaint in small claims court or civil court depending on the amount. Pay the filing fee ($30 to $75 for small claims), have the defendant served, and show up to your hearing with your evidence ready. Most cases settle before the hearing date.

Can you sue someone without a lawyer?

Yes. Small claims court is built for self-representation. Fill out the complaint form at your local courthouse, pay the filing fee, serve the other party, and present your case at the hearing. Many states don't even allow lawyers in small claims court. For most disputes under $10,000, you don't need one.

How do you sue a company?

Look up the company's official legal name on your state's Secretary of State website. File your small claims complaint using that exact name. Serve the company through its registered agent, which you can also find in state records. Companies often settle quickly once they're officially served because a lawsuit is bad for business.

How much does it cost to sue someone?

A demand letter costs $29 at PettyLawsuit. Small claims filing runs $30 to $75. Civil court can cost $5,000 to $20,000 or more with a lawyer. Personal injury cases are usually contingency, meaning no upfront cost to you. Start with the cheapest option and only escalate if needed.

How long does it take to sue someone?

Small claims cases typically take 30 to 90 days from filing to hearing. Civil cases can take one to three years. Cases that settle go much faster than ones that go to trial. Most disputes that start with a demand letter resolve within two to four weeks if the other side is going to pay at all.

Can you sue someone for emotional distress?

Yes, but it's harder to prove than a money claim. You need documented harm like therapy bills, medical records, or lost wages. Vague claims of feeling upset won't win. Emotional distress claims work best when combined with another legal claim, like harassment, negligence, or personal injury.

What happens if someone doesn't pay after you win?

You can use legal collection tools: wage garnishment, bank levy, or a property lien. These require filing additional paperwork with the court. The process takes time but the law gives you real leverage. The court clerk can walk you through the steps after your judgment is entered.

Can you sue someone in a different state?

Yes. You usually file in the state where the incident happened, where the defendant lives, or where the contract was signed. Small claims courts often require filing where the defendant lives or where the dispute occurred. Call the court clerk in that county first to confirm the right venue before you file.

Ready to stop letting it slide? Start with a demand letter. It takes five minutes, costs $29, and works in 70% of cases without ever setting foot in a courtroom. Get started at PettyLawsuit today.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. PettyLawsuit is a self-help legal technology platform, not a law firm. We do not provide legal representation or legal advice. Every situation is different. If you need legal advice, consult a licensed attorney in your jurisdiction.