How to Sue Someone: Steps, Costs and Whether You Need a Lawyer

Last updated: 23 October 2026. This guide explains how to sue someone in the United States, from the demand letter to collecting a judgment, with examples of small claims limits and filing fees and a short note on money claims in England and Wales. It is general information, not legal advice.

Short answer: To sue someone, you confirm you have a legal claim and are within the time limit, send a demand letter, file a complaint in the right court, pay the filing fee and formally serve the defendant. Small claims courts handle lower-value cases cheaply, often for under $100 in fees and without a lawyer. Larger or complex claims usually need one.

Key takeaways

• Small claims limits vary widely: $12,500 for individuals in California, $20,000 in Texas, $10,000 in New York City and $8,000 in Florida.
• Filing fees in small claims court are modest, for example $15 to $20 in New York City and $30 to $100 in California. Filing a civil case in federal court costs $405.
• Miss the statute of limitations and you usually lose the right to sue. In California, for example, it is two years for personal injury and four years for a written contract.
• Winning is not the same as getting paid. Before you sue, ask whether the other side has money or assets you can collect from.

Can you sue someone, and should you?

Anyone can file a lawsuit, but a case only succeeds if you can prove a legal claim. Most everyday cases fall into a few groups: breach of contract (unpaid invoices, a deposit not returned, faulty work), negligence or other torts (a car crash, property damage) and statutory claims (consumer, employment or landlord and tenant law). Our guide to what a tort is explains the main civil wrongs.

Before filing, ask four questions:

• Do I have evidence? Contracts, messages, photos, receipts and witness details.
• What did I lose? Courts award money for provable losses, not for frustration alone.
• Am I within time? Check the statute of limitations for your type of claim and state.
• Can I collect? A judgment against someone with no income or assets may be hard to enforce.

Check, too, whether you signed an arbitration clause. Many consumer and employment contracts require disputes to go to arbitration rather than court.

What are the steps to sue someone?

The details differ between states and courts, but most civil cases follow this sequence.

1. Send a demand letter. Set out what happened, what you want and a deadline to respond. Many disputes settle at this stage, and the letter shows the court you tried to resolve things first.
2. Choose the right court. Pick small claims if your claim is under the limit, otherwise the general civil court. The court must have jurisdiction over the defendant, which usually means suing where they live or do business or where the events happened. Federal court is only available in limited cases, such as claims between citizens of different states where more than $75,000 is at stake under 28 U.S.C. § 1332.
3. File the claim and pay the fee. In small claims this is a short form. In regular civil court it is a complaint that sets out the facts and the legal basis for each claim. If you cannot afford the fee, ask about a fee waiver.
4. Serve the defendant. The defendant must be formally notified, usually by a sheriff, a professional process server or certified mail, depending on local rules. In federal court, Rule 4(m) requires service within 90 days of filing or the case can be dismissed.
5. Wait for the response. In federal court a defendant must generally answer within 21 days of service. If they do not respond, you can ask for a default judgment. Our guide to what happens if you ignore a lawsuit explains that process from the other side.
6. Exchange evidence and try to settle. Regular civil cases involve discovery, motions and often mediation. Small claims cases go more or less straight to a hearing.
7. Attend the hearing or trial. Bring originals and copies of every document, organised and labelled.
8. Collect the judgment. If the defendant does not pay, you may need to use enforcement tools such as wage garnishment or a bank levy.

How much does it cost to sue someone?

For small claims, the main costs are the filing fee and the cost of service. The table gives examples from four large states and federal court.

Sources: the California courts’ small claims guide, the Texas State Law Library’s note on the small claims maximum, the New York City Civil Court’s filing instructions, Rule 7.010 of the Florida Small Claims Rules and the federal fee schedule, which raised the total civil filing fee to $405 from 1 December 2023 according to the US District Court for Vermont. Other courts in the same state can have different limits, so check your local court.

In regular civil court the filing fee is a small part of the total. Legal fees, expert witnesses, depositions and the time a case takes are the real costs. Lawyers may charge by the hour, a fixed fee or, in injury cases, a percentage of what you recover. Our explainer on the different types of attorney fees compares them.

How long do you have to sue someone?

Every claim has a deadline, called the statute of limitations, and it differs by state and type of claim. California’s courts give these common examples:

• Personal injury: 2 years from the injury.
• Breach of a written contract: 4 years from the breach.
• Breach of an oral contract: 2 years from the breach.
• Property damage: 3 years from the date of the damage.

Other states set different periods, and special rules can pause or shorten the clock, for example for minors or for claims against government bodies, which may require a written notice of claim within a much shorter time. Our guide to statutes of limitations in civil suits covers how the clock works.

Do you need a lawyer to sue someone?

Not always. Small claims courts are designed for people without lawyers, and California does not allow lawyers to represent parties at small claims hearings at all. For a simple unpaid debt or deposit under the limit, representing yourself is normal.

A lawyer is worth considering when:

• the claim is above the small claims limit or involves serious injury;
• the other side is a company or insurer with its own lawyers;
• the legal issues are complex, such as fraud, employment or professional negligence; or
• you are close to the time limit and need to file quickly and correctly.

Many lawyers offer a short first consultation, and injury lawyers often work on contingency, so cost need not rule out advice. For contract disputes, our guide to navigating a breach of contract lawsuit sets out what to expect.

What if you win but they do not pay?

A judgment is an order to pay, not the money itself. If the defendant ignores it, you must use the court’s enforcement procedures. Common options include garnishing wages, levying a bank account and placing a lien on property. Each step has its own forms and fees, and some income, such as certain benefits, is protected. This is why the question “can I collect?” belongs at the start, not the end. Settling for less but getting paid can beat a larger judgment that is never collected, as our comparison of settling in and out of court explains.

How do you sue someone in the UK?

In England and Wales, small money disputes go to the county court as a money claim, which you can usually make online. Before you claim, the Practice Direction on Pre-Action Conduct expects you to write to the other side with details of the claim and give them a reasonable time to reply, which it describes as 14 days in a simple case. It also says that litigation should be a last resort.

Court fees depend on the amount claimed. According to GOV.UK, they start at £35 for claims up to £300, rise to £205 for claims from £3,000.01 to £5,000 and £455 for claims from £5,000.01 to £10,000, and are 5% of the claim from £10,000.01 to £200,000. If you claim £10,000 or less and the defendant disputes it, you will be told to attend a free telephone mediation appointment, lasting up to one hour, run by HM Courts and Tribunals Service. The Limitation Act 1980 generally gives six years to bring a claim in contract or tort, with shorter periods for some claims such as personal injury. Scotland and Northern Ireland have their own procedures.

Frequently asked questions

How much does it cost to sue someone in small claims court?

Usually under $100 in the US. New York City charges $15 for claims under $1,000 and $20 for claims up to $10,000, and California fees run from $30 to $100. You may also pay to have the papers served. Fee waivers are available for people on low incomes.

Can I sue someone without a lawyer?

Yes. Individuals can generally represent themselves in US courts, and small claims courts are built for it. California does not allow lawyers to appear for parties at small claims hearings. For larger or complex cases, representing yourself is allowed but risky, so a consultation with a lawyer is sensible.

What is the most you can sue for in small claims?

It depends on the state. Examples include $20,000 in Texas, $12,500 for individuals in California, $10,000 in New York City and $8,000 in Florida. If your claim is larger, you will usually need to sue in the regular civil court instead.

How long does it take to sue someone?

Small claims cases are quick. California’s courts say a hearing usually takes place about one to two months after filing. Regular civil lawsuits take much longer, often a year or more, especially if there is discovery or a trial.

What happens if the person I sue does not show up?

If the defendant was properly served and does not respond or attend, the court can enter a default judgment in your favour. You still need to prove the amount in some courts, and you will need to enforce the judgment if they do not pay.

Do I have to send a demand letter before suing?

It is not always legally required in the US, but it is good practice and can lead to quick settlement. In England and Wales, the Practice Direction on Pre-Action Conduct expects a letter before claim, and the court can penalise parties who skip that step.

This article is general information about civil lawsuits and is not legal advice. Court limits, fees and deadlines change and differ between states and countries, so check your local court’s rules and speak to a qualified lawyer about your situation.