How to File a Lawsuit Against a Company
Master the complete filing process from start to finish. Learn exactly which forms you need, where to file, how to serve the company, and what to expect at each step.
Attempt Resolution
Try to resolve the issue directly with the company first
- Contact customer service with documentation
- Send a formal demand letter
- Document all communication attempts
- Give reasonable time to respond (10-30 days)
Identify the Right Court
Determine where and which court to file your lawsuit
- Small claims for amounts under state limit ($2,500-$25,000)
- District/Superior court for larger amounts
- File where company is located or incident occurred
- Check state-specific venue requirements
Find Company's Legal Information
Obtain the company's registered agent and legal name
- Search Secretary of State business database
- Find registered agent for service
- Get exact legal entity name
- Locate principal business address
Prepare Your Documents
Gather all evidence and complete court forms
- Complete complaint/petition form
- Organize all evidence chronologically
- Prepare witness list if applicable
- Calculate exact damages with documentation
File with the Court
Submit your lawsuit and pay filing fees
- Submit forms to court clerk
- Pay filing fee ($30-$500 depending on court)
- Get case number and court date
- Receive stamped copies of filed documents
Serve the Company
Legally notify the company of the lawsuit
- Hire process server or sheriff
- Serve registered agent or authorized person
- File proof of service with court
- Meet state deadline (usually 30-90 days)
Prepare for Court
Get ready for your hearing or trial
- Organize evidence in logical order
- Prepare opening and closing statements
- Practice presenting your case
- Arrange for witnesses if needed
Essential Documents
- Contract or Agreement
Original signed contracts, terms of service, purchase agreements
- Communication Records
Emails, texts, letters, chat logs with the company
- Financial Records
Receipts, invoices, bank statements, payment confirmations
- Demand Letter
Copy of formal demand sent to company with proof of delivery
Supporting Evidence
- Photos/Videos
Visual evidence of damage, defects, or issues
- Witness Statements
Written statements from people who witnessed the incident
- Expert Opinions
Professional assessments if applicable (repairs, medical)
- Timeline Document
Chronological list of events with dates
california Required Forms
SC-100 (Plaintiff's Claim)
Main complaint form
SC-104 (Proof of Service)
Proves defendant was served
SC-101 (Information Sheet)
Instructions and information
Day 1-7: Pre-Filing
Send demand letter, gather documents, identify court
Day 8-14: Filing
Complete forms, file with court, pay fees
Day 15-30: Service
Serve the company through registered agent or authorized representative
Day 31-45: Preparation
Organize evidence, prepare presentation, practice testimony
Day 45-60: Court Date
Attend hearing, present case, receive judgment
| State | Small Claims Court | Regular Court |
|---|---|---|
| California | $30-$75 | $435-$450 |
| New York | $15-$20 | $210-$500 |
| Texas | $54 | $300-$400 |
| Florida | $55-$300 | $400-$500 |
| Illinois | $75-$137 | $337-$600 |
| Pennsylvania | $35-$53 | $150-$300 |
Additional Small Claims Costs
- • Service fees: $40-$100
- • Certified mail: $15-$30
- • Witness fees: $20-$40/day
- • Total typical cost: $100-$300
Additional Regular Court Costs
- • Attorney fees: $5,000-$50,000+
- • Discovery costs: $1,000-$10,000
- • Expert witnesses: $500-$5,000/day
- • Total typical cost: $10,000-$100,000+
Who Can Be Served
- Registered Agent
Official person designated to receive legal documents
- Corporate Officer
President, VP, Secretary, or Treasurer
- General Manager
Person in charge of business operations
Service Methods
- Personal Service
Hand delivery by process server ($50-$150)
- Certified Mail
Return receipt requested ($15-$30)
- Sheriff Service
Court officer delivery ($40-$75)
Finding the Registered Agent
Search your state's Secretary of State business database:
- 1. Go to your state's Secretary of State website
- 2. Search for the company name in business entity search
- 3. Look for "Registered Agent" or "Agent for Service of Process"
- 4. Note the agent's name and address for service
Before Filing:
Filing Documents:
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