- 1). Read your state's rules about statute of Limitations. This is the period in which a case must be filed or else it is legally barred. This differs from state to state. To find out your state's statute of limitations for your case, log on to the Internet and enter your state's name and "statute of limitations." You can also visit your public library to find out this information.
- 2). Send a certified letter with return receipt requested to the party you plan to sue, particular if he owes a debt to you. Keep a copy of the letter you sent and bring it, along with the return receipt, when you appear in court if the debt is not paid.
- 3). File your case in the correct location. This is called "venue." The proper venue is one of the following: the court nearest the defendant's residence or defendant's business, or the court nearest to where the incident occurred.
- 4). Fill out the necessary forms from the court. If you need help completing the forms, ask the clerk court to assist you. The forms include your name, address, and information about the defendant, which includes his name and address. When you complete the form, put your name as the plaintiff, and the debtor as the defendant. You must also state the facts concerning the matter for which you are suing. File your claim with the court and pay the appropriate fee.
- 5). Serve the legal document to the defendant. The court serves defenders on your behalf by using a private process server, the sheriff's office or via certified mail. The method of service depends on the nature of the case.
- 6). Gather all your evidence to prove your case in court. These include any written agreements, contracts, photos, estimates, cancelled checks, receipts or any other items that help support your claim.
- 7). Go to court on your court date and present your case. The judge ask you, as the plaintiff, to present your statement and evidence. Tell the judge the reason you are in court and what you have done to resolve the issue without having to take legal action. State the relevant facts, be calm, and respectful of all parties involved.
- 8). Wait for the judge's decision in the mail, usually within days or weeks of your hearing. If the judge rules in your favor, then take legal procedures to get your settlement. You must collect the payment, but courts do provide you with information on how to go about enforcing your own judgment.
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