How do I sue someone, and which court do I file in?

How to sue someone: the steps from demand to judgment

The words change from court to court (complaint, petition, statement of claim), but a lawsuit for money follows the same path almost everywhere. California's courts put the first test plainly: when you sue, you need a legal reason to take someone to court, called a cause of action, such as a breach of contract or negligence.

1. 1Ask for the money first. A written demand with the amount and a date to pay can end the dispute without court; California requires you to ask before small claims. See the demand letter.
2. 2Check the deadline to sue. Every kind of claim has one; miss it and the case can be dismissed even if you had a good claim. See the deadline.
3. 3Pick the right court. By the amount and the kind of claim: small claims, the state civil court above it, or federal court. See which court.
4. 4Name the right defendant, with an address. Use the exact name of the person or the official name of the business, and an address where they can be served. A business may have a designated person to receive court papers, its agent for service of process.
5. 5File the complaint and pay the fee. Or ask for a fee waiver at the same time. See filing fees and fee waivers.
6. 6Have the papers served. By someone 18 or older who is not part of the case, within the court's time limit. See serving the papers.
7. 7Wait for the answer, or ask for a default. In California the defendant usually has 30 days after personal service to respond; in federal court, 21 days. If no answer comes, you can ask the court for a default. See after service.
8. 8Exchange evidence, try to settle, go to trial. You can still settle at any point, with a mediator's help if you both want, California's courts note. At trial, you prove each part of your claim.
9. 9Collect the judgment. A judgment says who owes how much; the court does not collect it for you. See collecting.

Before you sue: ask for the money in writing

A demand letter states what happened, the amount owed and a date to pay by. California's courts call asking for the money a step you must take before filing a small claims case. Even where no law requires it, a letter shows the judge you tried, and if they pay, you won't need to go to court. How to write a demand letter has the rules by state and a letter builder.

Which court should you sue in? Small claims, state civil court or federal court

Most lawsuits go to state court. The federal courts' own comparison lists most contract cases and tort cases (personal injuries) as state-court cases. Inside each state, the amount you claim decides the level: a small claims court for the smallest cases, then one or two civil courts with higher limits, and a top trial court with no dollar limit.

Small claims has simpler rules and lower fees, and the small claims page explains how to file there, with each state's limits and hearing checklist. A claim above the limit goes to the next court up; in California you may instead sue in small claims and give up the amount over the limit. The four state sections below give each court's limit and fee.

How to sue someone in California: small claims, limited and unlimited civil

Small claims

Up to $12,500A person; a business up to $6,250. Fee $30 to $75

Limited civil

Up to $35,000Fee $225 up to $10,000, $370 above

Unlimited civil

Over $35,000Fee $435

Serve within

60 daysOf filing, with proof filed

California's superior court in each county hears all three kinds of case. The fees come from the Statewide Civil Fee Schedule, effective January 1, 2026: a complaint up to $10,000 costs $225, over $10,000 up to $35,000 costs $370, and over $35,000 costs $435. Small claims costs $30 for a claim of $1,500 or less, $50 up to $5,000 and $75 up to $12,500, or $100 for someone who has filed more than 12 small claims in California in the previous 12 months. Fees vary in Riverside, San Bernardino and San Francisco counties, which add a local courthouse surcharge.

A limited civil case has the regular rules of civil procedure and evidence, either side can appeal, and a lawyer can represent you; in small claims a lawyer can't. California's courts say small claims cases are generally decided within 3 months, while limited civil cases can take up to a year or longer to decide. You file in the county where you're suing, usually where the harm was done or where the person you're suing lives or does business.

How to sue someone in Texas: justice court, county court and district court

Justice court

Up to $20,000Gov't Code § 27.031. $54 at one Tarrant County court

County court at law

Over $500 to $325,000Gov't Code § 25.0003, since December 4, 2025

District court

Over $500Gov't Code § 24.007. $350 in Travis County

Can't pay?

Statement of InabilityTo Afford Payment of Court Costs

Texas has three levels for a civil money claim, and they overlap. The justice court hears civil matters of not more than $20,000, not counting interest (Gov't Code § 27.031); its small claims cases are covered on the small claims page. A constitutional county court shares the cases over $200 up to $20,000 with the justice courts (§ 26.042(a)). A statutory county court, called a county court at law, shares civil cases over $500 up to $325,000 with the district court, not counting interest, damages such as punitive damages and penalties, and attorney's fees and costs, a limit in effect since December 4, 2025 (§ 25.0003(c)(1)). The district court has original jurisdiction of civil matters over $500 (§ 24.007(b)) and may hear any cause that is cognizable by courts of law or equity (§ 24.008).

Fees are set county by county. Texas has no single statewide total, so these are the official schedules of two counties, as examples: Tarrant County Justice Court 1 charges a $54 filing fee plus $90 for the constable to serve each person in Tarrant County. In Travis County, a new civil case costs $350 at the County Clerk for the county courts at law (effective January 1, 2024, with $85 for a constable to serve a citation), and $350 at the District Clerk (effective January 1, 2026; a citation by certified mail adds $8 to issue and $75 to serve). Check your own county clerk's or district clerk's fee page.

How to sue someone in Florida: small claims, county court and circuit court

Small claims

Up to $8,000Fla. Sm. Cl. R. 7.010. Miami-Dade fee $55 to $300

County court

Up to $50,000Fla. Stat. § 34.01. Fee up to $395 plus $4

Circuit court

Over $50,000Fla. Stat. § 26.012. Fee up to $395 plus $4

Sheriff serves

$40For each summons, Fla. Stat. § 30.231

County court hears actions at law of up to $50,000, not counting interest, costs and attorney fees, for cases filed on or after January 1, 2023 (Fla. Stat. § 34.01(1)(c)); claims up to $8,000 can be filed there as small claims under Rule 7.010, the Miami-Dade Clerk explains. Circuit court has exclusive original jurisdiction of all actions at law the county courts can't hear (§ 26.012(2)(a)).

Filing fees are set by statute, as a maximum. In county court the fee may not exceed $50 for claims under $100, $75 for $100 to $500, $170 for more than $500 up to $2,500, $295 for more than $2,500 up to $15,000, and $395 for more than $15,000, plus an additional $4 fee (Fla. Stat. § 34.041(1)). In circuit court the fee is up to $395 for up to five defendants, plus an additional $4 fee (§ 28.241(1)(a)). Miami-Dade's clerk lists its small claims fees at $55, $80, $175 and $300 by amount. The sheriff charges $40 to serve each summons (§ 30.231(1)(a)).

How to sue someone in New York: small claims, Civil Court and Supreme Court

NYC small claims

Up to $10,000Fee $15 up to $1,000, $20 above

NYC Civil Court

Up to $50,000$45 when the summons is issued

Supreme Court

No dollar limit$210 index number

Serve within

120 daysAfter the case starts, CPLR 306-b

In New York City, the Civil Court hears cases where the amount sought does not exceed $50,000 (N.Y. City Civil Court Act § 202), and its small claims part hears money claims of not more than $10,000 (§ 1801), for a fee of $15 for claims of $1,000 or less and $20 above (§ 1803). The Civil Court fee is $45 upon issuance of a summons, with an additional $95 in a case arising out of a consumer credit transaction (§ 1911).

Outside New York City, city courts hear claims up to $15,000 (Uniform City Court Act § 202), the district courts in Nassau County and part of Suffolk County also up to $15,000 (Uniform District Court Act § 202), and town and village courts up to $3,000 (Uniform Justice Court Act § 202); their small claims parts take claims up to $5,000 in city courts and $3,000 in town and village courts, for a filing fee of at most $20. The Supreme Court is a trial court with general original jurisdiction in law and equity (N.Y. Const. art. VI, § 7), so it has no dollar limit. A case there starts with buying an index number from the county clerk: $210 in Westchester and Erie counties, plus $95 for a request for judicial intervention when you need a judge.

Suing in federal court

A U.S. district court can hear two kinds of civil case: one arising under the Constitution, laws or treaties of the United States (28 U.S.C. § 1331), or one between citizens of different states where the amount at stake exceeds $75,000, not counting interest and costs (§ 1332(a)). It costs $405 to file: a $350 filing fee (§ 1914(a)) plus a $55 administrative fee, effective December 1, 2023. The papers, step by step: the federal complaint, the summons and serving them.

How much does it cost to sue someone? Filing fees by court

The filing fee is only the first cost. Add the cost of serving the papers, copies, and, if you hire one, a lawyer (see the total cost). These are the fees an official schedule states, read on November 1, 2026; Texas sets them county by county, so its rows are one county's figures.

Can't afford the filing fee? Fee waivers by court

• California: form FW-001. A fee waiver lets you file your papers for free, and can also cover the sheriff's fee to serve them. You qualify if you receive public benefits, if your household income is below the limits on Request to Waive Court Fees (form FW-001), or if you can't pay court fees and meet your household's basic needs. It does not cover lawyer fees.California Courts Self-Help Guide
• Texas: Statement of Inability. To ask for your filing fees to be waived, you may file a Statement of Inability to Afford Payment of Court Costs or an Appeal Bond, the Travis County District Clerk says. In Tarrant County, a case filed with one must go through eFileTexas.Travis County District Clerk · Tarrant County
• Florida: civil indigent status. Apply to the clerk of court for a determination of civil indigent status. You are indigent if your income is equal to or below 200 percent of the federal poverty guidelines for your household, with a presumption against it if you own $2,500 or more in property, not counting your home and one vehicle of limited value.Fla. Stat. § 57.082
• New York: poor person relief. Ask the court for permission to proceed as a poor person, with an affidavit listing your property and stating that you lack sufficient means to pay the costs, fees and expenses. If a legal aid society or another nonprofit legal services group represents you, the filing and service fees are waived without a motion.N.Y. CPLR 1101
• Federal court: in forma pauperis. Submit an affidavit with a statement of your assets showing you can't pay the fees. If it is granted, the $55 administrative fee does not apply either, and the court orders service by a U.S. marshal.28 U.S.C. § 1915(a)(1) · Fed. R. Civ. P. 4(c)(3)

The total cost of suing: service, lawyers and the other side's costs

Beyond the filing fee, budget for service (a sheriff, constable or process server charges for each person served), copies of court papers, and court reporter fees. If you win, the court can order the losing side to pay your court fees and costs, California's courts say; but in a limited civil case filed when you could have used small claims, the judge can decide not to.

• Contingency fee. You pay the lawyer a certain percentage of the money you receive if you win or settle; if you lose, the lawyer gets no fee. Whether you win or lose, you may still pay some or all of the court costs and other expenses, the State Bar of California says. The agreement should state the percentage and whether it is figured before or after costs.State Bar of California
• Hourly fee. It can vary among lawyers. Ask for an estimate of the time your case will take, and remember that the hours can grow.State Bar of California
• Fixed fee and retainer. A fixed fee is common for routine matters. A retainer can mean an advance against the work or a payment to keep the lawyer available; read what yours means.State Bar of California
• In writing. In California, a fee agreement must be in writing when fees and costs are expected to total $1,000 or more. In Texas, a contingent fee contract must be in writing and signed by the attorney and the client.State Bar of California · Tex. Gov't Code § 82.065(a)

Can't pay a lawyer? Legal aid, law school clinics and bar referral services are listed by state on find legal help.

Serving the papers: who can do it, and by when

You can't serve the papers yourself. In federal court, any person who is at least 18 years old and not a party may serve the summons and complaint (Fed. R. Civ. P. 4(c)(2)). California's courts say the same: your server must be 18 or over and not part of your case, such as someone you know, the county sheriff in most counties, or a process server you hire. In a Texas justice court, the citation may be served by a sheriff or constable, a certified process server, the clerk by registered or certified mail, or a person 18 or older authorized by court order (Tex. R. Civ. P. 501.2). In Florida, your lawsuit can't go ahead until the defendant has been served, the Miami-Dade Clerk says.

• Federal court: 90 days. If a defendant is not served within 90 days after the complaint is filed, the court must dismiss the case against that defendant without prejudice or order service within a set time; with good cause, it must extend the time (Rule 4(m)). Count the days under Rule 6(a): if the last day falls on a Saturday, Sunday or legal holiday, it moves to the next day that is not one.Fed. R. Civ. P. 4(m), 6(a)
• California: 60 days. You have 60 days from when you filed the lawsuit to have the papers served and to file proof with the court that it was done (form POS-010). The court can give you more time, but you need to be actively trying.California Courts Self-Help Guide
• New York: 120 days. Service shall be made within one hundred twenty days after the commencement of the action, that is, 120 days after filing. The court can dismiss without prejudice, or extend the time for good cause or in the interest of justice.N.Y. CPLR 306-b
• Texas and Florida. Not checked for this page: the rules that set the time to serve in Texas and Florida could not be read on an official site from here. Ask the clerk, and serve as soon as you can after filing.Not checked for this page

After the papers are served: the answer, a default, and trial

The defendant has a set time to respond: 21 days after being served in federal court (Fed. R. Civ. P. 12(a)(1)(A)(i)), and 30 days after personal service in California, or 40 days after substituted service, counted from the mailing. If no response comes by the deadline, in California you can ask the court the next day for an entry of default, and then for a default judgment. If the defendant answers, the case moves to exchanging evidence (discovery), often mediation, and a trial where you prove each part of your claim. Being sued instead? See answering a federal complaint.

How long does it take to sue someone?

It depends on the court and on whether the other side fights. California's courts say small claims cases are generally decided within 3 months, while limited civil cases can take up to a year or longer, and a civil case can take a year or more to resolve. In the federal district courts, for the 12 months ending June 30, 2026, the median civil case took 6.9 months from filing to disposition, and the median civil case that went to trial took 33.7 months from filing to trial.

The deadline to sue

Every claim has a deadline, the statute of limitations. In California, for example, it is 4 years for a written agreement, 2 years for an unwritten (verbal) agreement, 2 years for a personal injury and 3 years for property damage, and claims against a government are shorter. The date your case is filed is what counts. The statute of limitations page has the deadlines in California, Texas, Florida and New York, when the clock starts and when it pauses, with a date calculator.

Suing a government agency: file a claim first

To sue a city, a county, a state or a federal agency, you usually must first file a written claim with that agency, and only sue after it is denied. The deadlines are short:

• California. File the claim within 6 months for an injury to you or damage to something you own, or 1 year for a broken contract or damage to real estate (Gov. Code §§ 905 and 911.2). The government has 45 days to respond; if it denies the claim, you have 6 months from the date the rejection was mailed to sue.California Courts Self-Help Guide
• Texas. Under the Tort Claims Act, a governmental unit is entitled to notice of a claim not later than six months after the incident, describing the injury or damage, the time and place, and the incident.Tex. Civ. Prac. & Rem. Code § 101.101(a)
• Florida. Present the claim in writing to the agency, and, except for a city or county, to the Department of Financial Services, within 3 years after the claim accrues. No answer within 6 months counts as a denial.Fla. Stat. § 768.28(6)
• New York City. A notice of claim for personal injury or property damage must be served within 90 days from the date of occurrence (General Municipal Law § 50-e).NYC Comptroller · N.Y. Gen. Mun. Law § 50-e
• Federal government. A tort claim must be presented in writing to the federal agency within 2 years; you may sue within 6 months after the agency mails its final denial, and no decision within 6 months may be treated as a denial.28 U.S.C. §§ 2401(b), 2675(a)

How to sue someone in another state

You need a court that has power over the person you sue, and the right place to file. California's courts put the usual rule in one line: you can sue either where harm was done to you or where the person you're suing lives or does business. So if the other side lives in another state and the harm happened there, you may have to sue in that state's courts.

• Small claims: in California, if the person lives outside the state, you may not be able to sue them in small claims unless they return, with exceptions such as a car accident with an out-of-state driver. In a Texas justice court, if the defendant is out of state or their residence is unknown, you may file in the county and precinct where you live (Tex. R. Civ. P. 502.4).
• Civil court: a California limited or unlimited civil case can be served on a defendant outside California.
• Federal court: a case between citizens of different states over $75,000 can go to federal court (28 U.S.C. § 1332(a)); see where to file a federal case.
• Collecting: even if you win, it may be hard to collect the money out of state.

How old do you have to be to sue someone?

A minor can have a claim, but usually can't bring the case alone; an adult brings it for them. In federal court, a general guardian, a conservator or a like fiduciary may sue on behalf of a minor, and a minor without one may sue by a next friend or by a guardian ad litem, whom the court must appoint to protect a minor who is unrepresented (Fed. R. Civ. P. 17(c)). In New York, an infant (a minor) shall appear by the guardian of their property or, if there is none, by a parent having legal custody (CPLR 1201). Whether a minor's deadline to sue is paused is explained on the statute of limitations page.

How to sue someone for emotional distress

Emotional distress is often claimed as part of another case, such as an injury, but it can also be a claim of its own when the conduct was intentional or reckless. California's official civil jury instructions list what you must prove for intentional infliction of emotional distress (CACI 1600):

• that the defendant's conduct was outrageous;
• that the defendant intended to cause you emotional distress, or acted with reckless disregard of the probability that you would suffer it, knowing you were present when the conduct occurred;
• that you suffered severe emotional distress; and
• that the defendant's conduct was a substantial factor in causing it.

The same instructions define the terms. Outrageous conduct does not include trivialities such as indignities, annoyances, hurt feelings, or bad manners that a reasonable person is expected to endure (CACI 1602). Severe emotional distress is not mild or brief; it must be so substantial or long lasting that no reasonable person should be expected to bear it, and physical injury is not required (CACI 1604). Other states word their rules differently; harassment at work has its own process, see sexual harassment.

After you win: collecting the judgment

The court will not collect the money for you; it is up to you to go after the other side if they don't pay, California's courts say, and many people find the process frustrating. In California, the tools include a debtor's examination, where the court orders the debtor to answer questions about work, bank accounts and property, a writ of execution, an abstract of judgment (a lien), and wage garnishment or a bank levy. How it works, state by state: winning vs collecting and wage garnishment.

Suing without a lawyer, and where to get help

You may represent yourself. Small claims is designed for it: in California a lawyer can't represent you there, and New York calls it an informal court where individuals can sue without a lawyer. A regular civil case is harder; California's courts warn that a mistake, even a small one, can mean the case is dismissed. California's courts point people to each court's Self-Help Center and to small claims advisors. Find legal aid and bar referral services by state on find legal help.

Common questions about suing someone

Official sources

1. California Courts Self-Help Guide: Civil cases in California (limited, unlimited and small claims) selfhelp.courts.ca.gov
2. California Courts Self-Help Guide: Before you sue someone (where to sue, deadlines, contracts) selfhelp.courts.ca.gov
3. California Courts Self-Help Guide: Serve the defendant (60 days, who can serve) selfhelp.courts.ca.gov
4. California Courts Self-Help Guide: Wait to see if the other side responds (30 days, default) selfhelp.courts.ca.gov
5. California Courts Self-Help Guide: Ask a government agency to pay you by a deadline selfhelp.courts.ca.gov
6. California Courts Self-Help Guide: Small claims or limited civil selfhelp.courts.ca.gov
7. California Courts Self-Help Guide: Before you start a small claims case (defendants outside California) selfhelp.courts.ca.gov
8. California Courts Self-Help Guide: Small claims in California (appeals) selfhelp.courts.ca.gov
9. California Courts Self-Help Guide: Ask for a fee waiver (form FW-001) selfhelp.courts.ca.gov
10. California Courts Self-Help Guide: Ask for the money (a step before small claims) selfhelp.courts.ca.gov
11. California Courts Self-Help Guide: How to collect a judgment selfhelp.courts.ca.gov
12. Superior Court of California: Statewide Civil Fee Schedule, effective January 1, 2026 (PDF) courts.ca.gov
13. Judicial Council of California Civil Jury Instructions (CACI), 2026 edition: CACI 1600, 1602 and 1604 (PDF) courts.ca.gov
14. State Bar of California: What to expect regarding fees and billing calbar.ca.gov
15. Texas Government Code ch. 27: justice court jurisdiction (§ 27.031) tcss.legis.texas.gov
16. Texas Government Code ch. 26: constitutional county court civil jurisdiction (§ 26.042) tcss.legis.texas.gov
17. Texas Government Code ch. 25: statutory county court jurisdiction (§ 25.0003, eff. December 4, 2025) tcss.legis.texas.gov
18. Texas Government Code ch. 24: district court jurisdiction (§§ 24.007, 24.008) tcss.legis.texas.gov
19. Texas Civil Practice and Remedies Code ch. 101: Tort Claims Act notice (§ 101.101) tcss.legis.texas.gov
20. Texas Government Code ch. 82: contingent fee contracts (§ 82.065) tcss.legis.texas.gov
21. Tarrant County Justice of the Peace Court 1: small claim cases (filing and constable fees) tarrantcountytx.gov
22. Travis County Clerk: civil fee sheet, county courts at law, effective January 1, 2024 (PDF) countyclerk.traviscountytx.gov
23. Travis County District Clerk: filing fees, effective 1/1/2026 (PDF) traviscountytx.gov
24. Travis County District Clerk: fees (Statement of Inability to Afford Payment of Court Costs) traviscountytx.gov
25. Texas State Law Library: Small claims, serving the defendant (Tex. R. Civ. P. 501.2) guides.sll.texas.gov
26. Texas State Law Library: Small claims, filing information and venue (Tex. R. Civ. P. 502.4) guides.sll.texas.gov
27. Texas State Law Library: Small claims, who can represent you (Tex. R. Civ. P. 500.4) guides.sll.texas.gov
28. Florida Statutes § 34.01 (2026): county court jurisdiction flsenate.gov
29. Florida Statutes § 26.012 (2026): circuit court jurisdiction flsenate.gov
30. Florida Statutes § 34.041 (2026): county court filing fees flsenate.gov
31. Florida Statutes § 28.241 (2026): circuit court filing fees flsenate.gov
32. Florida Statutes § 30.231 (2026): sheriffs' fees for service of summons flsenate.gov
33. Florida Statutes § 57.082 (2026): determination of civil indigent status flsenate.gov
34. Florida Statutes § 768.28 (2026): claims against the state and its subdivisions flsenate.gov
35. Miami-Dade Clerk of the Court and Comptroller: Small Claims (limit, fees, service) miamidadeclerk.gov
36. New York City Civil Court Act § 202: jurisdiction up to $50,000 nysenate.gov
37. New York City Civil Court Act § 1801: small claims up to $10,000 nysenate.gov
38. New York City Civil Court Act § 1803: small claims filing fees nysenate.gov
39. New York City Civil Court Act § 1911: fees nysenate.gov
40. New York Uniform City Court Act § 202: jurisdiction up to $15,000 nysenate.gov
41. New York Uniform District Court Act § 202: jurisdiction up to $15,000 nysenate.gov
42. New York Uniform Justice Court Act § 202: jurisdiction up to $3,000 nysenate.gov
43. New York Constitution, article VI, § 7: Supreme Court jurisdiction nysenate.gov
44. New York CPLR 306-b: service within 120 days nysenate.gov
45. New York CPLR 1101: proceeding as a poor person nysenate.gov
46. New York CPLR 1201: how a minor appears in a case nysenate.gov
47. New York General Municipal Law § 50-e: notice of claim nysenate.gov
48. New York City Comptroller: file a claim (90 days) comptroller.nyc.gov
49. Westchester County Clerk: legal fees (index number, RJI) westchesterclerkny.gov
50. Erie County Clerk: civil actions (index number fee) erie.gov
51. New York State Department of Labor, LS 602: Guidance for Small Claims or Civil Court Actions (PDF) labor.ny.gov
52. New York Courts, Ask a Law Librarian: small claims is a part of four trial courts askalawlibrarian.nycourts.gov
53. 28 U.S.C. § 1331: federal question jurisdiction govinfo.gov
54. 28 U.S.C. § 1332: diversity of citizenship, amount in controversy govinfo.gov
55. 28 U.S.C. § 1914: district court filing fee govinfo.gov
56. U.S. Courts: District Court Miscellaneous Fee Schedule (effective December 1, 2023) uscourts.gov
57. 28 U.S.C. § 1915: proceedings in forma pauperis govinfo.gov
58. Federal Rules of Civil Procedure, December 1, 2025 (Rules 4, 6, 12 and 17) (PDF) uscourts.gov
59. 28 U.S.C. § 2401: time for a tort claim against the United States govinfo.gov
60. 28 U.S.C. § 2675: agency claim before suing the United States govinfo.gov
61. U.S. Courts: Federal Court Management Statistics, district court profiles, 12 months ending June 30, 2026 (PDF) uscourts.gov
62. U.S. Courts: Comparing federal and state courts uscourts.gov
63. Maryland Courts: Someone owes me money courts.state.md.us

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