- 1). Check the statute of limitations. Don't waste your time and energy researching a lawsuit if too much time has passed since the incident to file a claim.
- 2). Assess your case. Yes, you are upset, but you want to want to be honest with yourself about whether a) you can prove that the defendant has done wrong and b) you are likely to receive payment.
- 3). Ask questiona. Visit your state's website or courthouse to find out what paperwork is necessary to file. In addition, when filing, you'll probably have to pay court fees. Once your paperwork is filed and fees are paid, the court will serve the defendant with a notice to appear in court.
- 4). Prepare your evidence. Bring copies of all contracts and correspondence between you and the defendant. Don't hesitate to obtain phone records, leases, receipts, contracts, and emails between you and the defendant. It's important to have as much evidence as possible to back up your story.
- 5). Obtain eyewitness testimony. You can bring witnesses with you to court to testify on your behalf if they saw the incident that's being contested. If eyewitnesses can't show up in person, you can bring letters from them that offer a third-party point of view on what happened.
- 6). Obtain expert testimony. You can also bring experts to verify information that backs up your case. For example, you can bring a mechanic to verify the damage done to your car by another mechanic. If you can't get an expert to come to court with you, a letter from one will suffice.
- 7). Practice presenting your case. Although you don't want to sound rehearsed, it's OK to go over what you plan to say to the judge, and how you plan to lay out your case. Present the facts in a logical and concise way, leaving out emotion.
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