How to File a Complaint

What is a Complaint?

A complaint is the initial document filed with the court that starts a civil lawsuit. It outlines the legal and factual basis for your claim, identifies the parties involved, states what you are seeking (damages, injunctive relief, etc.), and establishes the court's jurisdiction over the matter.

Before You File

Make sure you're within the statute of limitations, which varies by claim type and jurisdiction. Research whether you need to exhaust administrative remedies before filing. Consider sending a demand letter first as many disputes can be resolved without litigation.

Drafting Your Complaint

• Identify the proper court with jurisdiction over your case
• Format according to court rules (usually double-spaced, numbered paragraphs)
• Include a caption with court name, parties, and case number (if available)
• State jurisdiction and venue facts (why this court can hear your case)
• Identify all parties with complete names and addresses
• State your factual allegations clearly and concisely
• Organize your claims into separate counts/causes of action
• Include specific relief requested (monetary amount, injunction, etc.)
• Include any required jurisdictional statements
• Sign and date the complaint

Filing Process

• Prepare the required number of copies (original for court, one for each defendant, one for yourself)
• Complete a civil cover sheet (required by most courts)
• Pay the filing fee (typically $200-400) or submit a fee waiver application
• File with the clerk of court in person or electronically if available
• Receive a case number and summons from the clerk
• Arrange for proper service of process on all defendants

After Filing

After filing, you must serve each defendant with the complaint and summons according to court rules. Defendants typically have 21-30 days to respond. You should prepare for the possibility of a motion to dismiss, which challenges the legal sufficiency of your complaint.

Tips for Success

Research similar complaints before drafting yours. Be factual and specific, but concise. Avoid emotional language, stick to relevant facts. Make sure you've included all necessary elements of each legal claim. Consider consulting with an attorney for review before filing, even if you're representing yourself.