Taking Someone to Court: Beginner's Guide (2026)

Taking Someone to Court: Your Complete Beginner's Guide

So someone wronged you and you want to do something about it. Maybe a contractor took your money and disappeared. Maybe your landlord kept your security deposit for no good reason. Maybe a friend borrowed money and ghosted you.

Whatever the situation, you are here because you are considering taking someone to court. And honestly? That is a completely reasonable response when someone refuses to make things right.

This guide is for people who have never been through the process before. No legal background needed. We will walk through every step, from figuring out if court is the right move to what happens after the judge makes a decision.

Should You Actually Take Someone to Court?

Before diving into the process, it is worth asking a few honest questions. Court is a tool, and like any tool, it works best when used in the right situation.

Court Makes Sense When:

  • Someone owes you money and refuses to pay
  • You have evidence to support your claim (texts, contracts, receipts, photos)
  • The amount you are owed is within your state's small claims court limit
  • You have tried to resolve the issue directly and it did not work
  • The person or business you are suing has the ability to pay

Court Might Not Be Worth It When:

  • The amount is very small (under $100) and the hassle outweighs the recovery
  • You have no evidence and it is entirely a "he said, she said" situation
  • The other party has no money or assets (you might win but never collect)
  • You have not tried asking them to pay first

If you decide to move forward, the good news is that taking someone to court does not have to be expensive or complicated. Small claims court was specifically designed for regular people to resolve disputes without hiring a lawyer.

Step 1: Try to Resolve Things Before Court

Every legal guide and every judge will tell you the same thing: try to work it out first. And not just because it is the right thing to do. Many courts actually require proof that you attempted to resolve the dispute before filing.

This is where a demand letter comes in.

What Is a Demand Letter?

A demand letter is a formal written request asking the other party to pay what they owe or fix the problem. It is not a lawsuit. It is a letter that says: "Here is what happened, here is what you owe me, and here is the deadline to resolve this before I take legal action."

A good demand letter includes:

  • A clear description of the dispute
  • The specific amount owed
  • Supporting facts (dates, agreements, evidence references)
  • A reasonable deadline (14 to 30 days)
  • A statement that you will pursue legal action if the issue is not resolved

Do not underestimate the power of a well-written demand letter. Many disputes end right here because the other party realizes you are serious. About 70% of demand letters result in some form of resolution before court becomes necessary.

Step 2: Figure Out Where to File

If the demand letter does not resolve things, it is time to file your case. But where?

For most everyday disputes, small claims court is the answer. It is faster, cheaper, and simpler than regular civil court. And in most states, you do not need (and sometimes cannot have) a lawyer.

Small Claims Court Limits

Each state sets a dollar cap on small claims cases. Here are a few examples:

  • California: Up to $12,500 (individuals)
  • Texas: Up to $20,000
  • New York: Up to $10,000
  • Florida: Up to $8,000
  • Tennessee: Up to $25,000

If your claim is under your state's limit, small claims court is almost always the best option. If it exceeds the limit, you can either waive the extra amount or file in regular civil court (which is slower and more expensive).

Which County Do You File In?

You typically file in the county where:

  • The defendant lives or has a business
  • The dispute took place
  • A contract was signed or was supposed to be performed

Filing in the wrong county can lead to your case being dismissed, so confirm the right location before you start.

Step 3: Gather Your Evidence

Evidence is what separates a winning case from a losing one. Before you file, get organized.

What Counts as Evidence

  • Written agreements: Contracts, leases, receipts, invoices
  • Communication: Text messages, emails, letters, voicemails
  • Photos and videos: Damage to property, condition of goods, anything visual
  • Financial records: Bank statements, payment confirmations, canceled checks
  • Witnesses: People who saw what happened or can confirm your account

Organize everything in chronological order. Create a simple timeline of events. The easier it is for a judge to follow your story, the better your chances.

Pro Tip: Document Everything Now

If the dispute is still unfolding, start documenting immediately. Screenshot text conversations. Save emails. Take photos. Write down dates and details while they are fresh. You will thank yourself later.

Step 4: File Your Case

Filing is simpler than most people expect. Here is what it involves:

  1. Get the forms. Visit your local court's website or clerk's office for small claims forms. Many courts offer them as downloadable PDFs.
  2. Fill them out. You will need your information, the defendant's name and address, the amount you are claiming, and a brief description of the dispute.
  3. Pay the filing fee. Fees range from about $30 to $200 depending on your state and claim amount. If you cannot afford the fee, ask about a fee waiver.
  4. File the paperwork. Submit your forms to the court clerk, either in person or online (where available).

Once your case is filed, the court will assign a case number and a hearing date, usually 30 to 90 days out.

Step 5: Serve the Other Party

The defendant has to be officially notified that they are being sued. This is called "service of process" and there are rules about how it must be done.

You cannot serve the papers yourself. Instead, you can use:

  • A friend or adult who is not involved in the case
  • A professional process server
  • The county sheriff's office
  • Certified mail (in states that allow it)

Service must happen within a specific timeframe before the hearing (usually 15 to 30 days). Make sure you file proof of service with the court.

Step 6: Show Up and Present Your Case

Your court date arrives. Here is what to expect.

Before the Hearing

  • Arrive early and check in with the clerk
  • Dress respectfully (business casual is fine)
  • Bring all your evidence, organized and labeled
  • Some courts offer mediation before trial. If offered, consider it. You might resolve things without going before the judge.

During the Hearing

The judge will call your case. As the plaintiff, you go first. Explain what happened clearly and simply. Stick to facts. Present your evidence when it supports your points.

Then the defendant gets to respond. The judge may ask questions to both parties.

Tips for presenting well:

  • Speak to the judge, not the other party
  • Stay calm, even if the defendant says something that frustrates you
  • Be honest. If a detail does not help your case, do not hide it.
  • Keep your explanation under five minutes if possible

The Decision

Some judges rule on the spot. Others send their decision by mail within a few days. If you win, the judgment states how much the defendant owes you.

Step 7: Collect Your Judgment

Winning a judgment is great. But the court does not hand you a check. If the defendant does not pay voluntarily, you may need to take extra steps:

  • Wage garnishment: A portion of the defendant's paycheck is sent to you
  • Bank levy: Funds are taken directly from the defendant's bank account
  • Property lien: A lien is placed on the defendant's property, which must be satisfied when the property is sold

Your court clerk can guide you through the collection process in your state.

How Much Does It Cost to Take Someone to Court?

Small claims court is intentionally affordable. Here are the typical costs:

  • Filing fee: $30 to $200
  • Service of process: $25 to $75 (if using a process server or sheriff)
  • Total out-of-pocket: Usually under $150 for most cases

Compare that to hiring a lawyer, which can cost $200 to $400 per hour. Small claims court gives you a path to justice without the massive price tag.

If you win, you can typically recover your filing fee and service costs as part of the judgment.

How Long Does the Whole Process Take?

  • Demand letter response period: 14 to 30 days
  • Filing and serving: 1 to 2 weeks
  • Waiting for court date: 30 to 90 days
  • Hearing to judgment: Same day to 1 week

Most cases wrap up within 2 to 4 months total. That is significantly faster than regular civil court, which can drag on for a year or more.

Common Concerns About Taking Someone to Court

"I'm nervous about speaking in front of a judge."

Totally understandable. But remember: small claims judges deal with people who are not lawyers every single day. They do not expect legal jargon. They expect honesty and clarity. Practice your explanation beforehand and you will be fine.

"What if I lose?"

If the judge rules against you, you may be able to appeal depending on your state. But even if the case does not go your way, you will have only spent the filing fee. The financial risk in small claims court is low.

"Is it worth it for a few hundred dollars?"

That depends on your situation. Sometimes it is about the principle. Sometimes the filing fee makes it impractical for very small amounts. But for claims over a few hundred dollars, the math almost always works in your favor.

You Have More Power Than You Think

Taking someone to court is not just for people with law degrees and deep pockets. The small claims system exists specifically to give everyday people access to justice. The process is straightforward, the costs are low, and the timeline is reasonable.

The hardest part is usually just getting started.

PettyLawsuit helps you take the first step. The platform walks you through building your case, creating a professional demand letter that sends instantly, and filing in small claims court. Over 2,500 people have used it to stand up for themselves. See how it works at PettyLawsuit.com.