- 1). File a complaint by describing the claim you have against the defendant. You may receive the forms from the court clerk or download them from your local court website. Briefly explain the claim, the compensation that you are seeking, or a petition to stop the defendant from undertaking certain actions against you. Submit the complaint forms to the court clerk's office and pay the filing fee which depends on the amount you are claiming from the defendant.
- 2). Request for a waiver of the filing fee if you are unable to pay. File a form with the court clerk making this request, which can be accepted or turned down. The names of the forms may vary from state to state, but some general names are Affidavit of Indigency or Application to Proceed without Prepayment of Fees and Affidavit. Fill in information about your income and expenses and submit it to the court clerk for consideration.
- 3). Serve the defendant with the summons and a copy of the complaints. This is known as the "service of action" and the summons is given by the court clerk to the defendant informing him about the lawsuit you have filed against him. You can serve the summons directly or through a third party like a law enforcement officer or it can be mailed to the defendant by the court.
- 4). File proof with the court that you have served the defendant with the summons. This is known as "return of service" and the forms can be accessed from the court clerk's office. Consult with your local sheriff's office to make inquiries on how the office can facilitate in serving the summons to the defendant.
- 5). Receive an answer from the defendant regarding the claim you have brought against him. After the defendant answers to the court, the judge will set a trial date. He will also request that the discovery process begin in which you and the defendant will gather details, evidences and information to support your case.
- 6). Appear for the pretrial conference to discuss any issues in the case if it goes to trial. If you and the defendant decide not to go to the trial stage, then you can agree on a settlement or ask the judge to make a summary judgment about the case.
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