How to take someone to court for not paying?

Asked by: Mr. Deondre Wiza Jr.  |  Last update: August 10, 2025
Score: 4.2/5 (53 votes)

A small claims action begins by filing a Statement of Claim. Small claim cases should be filed with the clerk in the appropriate county. Filing fees for small claims actions are established in the Florida Statutes and local county ordinances. The clerk of court may be able to provide information on filing fees.

How do I sue someone for non payment?

How to Sue for Non-Payment of Services
  1. Send a Final Demand for Payment. Before taking any formal legal action, it's a good idea to send a final demand for payment to the client. ...
  2. Assess How Much You're Owed. ...
  3. Get Legal Advice. ...
  4. Consider Small Claims Court. ...
  5. Consider A Civil Lawsuit.

Is it worth suing someone with no money?

Essentially, you might think suing someone with no money is futile, but that's not the case. The law protects your rights and allows you to seek compensation if someone causes you harm or loss, regardless of their financial status.

What to do if someone won't pay you back?

  • File a court action ( sue them) in either small claims or municipal court.
  • Hire a collections firm or collections attorney to pursue them
  • Keep sending them notices that they owe you money, and demand payment

What are the 5 steps to initiate a lawsuit?

Timeline of How to File a Lawsuit
  • Step 1: File a Complaint. Plaintiff files a complaint and summons with the local county court. ...
  • Step 2: Answer Complaint. ...
  • Step 3: Discovery. ...
  • Step 4: Failing to Respond to Discovery. ...
  • Step 5: Conclusion of Lawsuit.

How to win in small claims court-without lawyer-attorney-present case

20 related questions found

Is suing someone worth it?

Before filing a lawsuit, prospective litigants should consider what they want from a case. Civil courts can only give you money or return property. A judgment cannot fix an underlying family problem or neighborhood feud. Lawsuits cost time and money, even if you get court costs awarded with a judgment in your favor.

What kind of lawyer do I need if I want to sue someone?

Civil litigation lawyers often go to court to represent their clients, including for personal injury claims, contract disputes, and other common civil matters. Likewise, criminal defense attorneys frequently defend their clients in court.

Is it illegal to not pay someone back money?

Yes, you can sue someone who owes you money. When someone keeps "forgetting" to pay you or flat out refuses to pay up, the situation can quickly become frustrating. You can take the issue to small claims court and pursue legal action if it falls between the minimum and maximum money thresholds under court rules.

Is it worth going to small claims court for $500?

Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.

Can I call the police if someone owes me money?

It is a civil matter, not criminal, so the police are not going to get involved. You have to sue and go after her and get a judgment. If she does not pay, you can then enforce it and go after money or assets.

How do I fight a lawsuit with no money?

Contingency means that your lawyer will agree to take on your case and represent you without requiring any payment upfront, allowing you to file a case with no money. Your lawyer will only receive payment for their services if and when you reach a positive resolution and some form of compensation in your case.

Is it expensive to sue someone?

The Average Cost of a Lawsuit

On average, a lawsuit costs approximately $10,000 for a simple suit. However, numerous factors can influence the cost of your lawsuit.

Can I sue someone for never paying me back?

Yes, if you lent someone money and they never paid you back you can sue for the money they owe you. Additionally, you do not need a contract to sue someone for money owed, however, if there is a contract or some type of written agreement or evidence of an agreement this will be useful in court.

What happens if you sue someone and they refuse to pay?

The defendant must pay their legal debt. If they can't pay immediately, legal mechanisms can help you collect later. This may involve payment plans or monitoring assets. Collecting from someone unable to pay requires patience.

How to collect money from someone who won't pay?

How to Collect Money from Late-Paying Clients
  1. Send Polite Email Reminders. So let's start by assuming the best. ...
  2. Make a Simple Phone Call. ...
  3. Contact the Billing Department Directly. ...
  4. Cut off Future Work. ...
  5. Send a Final Demand Letter. ...
  6. Hire a Collection Agency. ...
  7. Go To Arbitration or Take Legal Action.

Can someone take you to court over a gift?

Depending on the specifics of the situation, a person may be able to sue you for giving them a gift that ends up hurting them. There is a risk of liability if you give someone a present when you know there is a flaw that might cause them harm and you don't tell them about it.

What happens if I sue someone and lose?

Some people are reluctant to file a lawsuit because they are afraid what will happen if they lose. Specifically, many fear they will have to pay money to the person they sued. But in most cases, even if you lose a personal injury lawsuit you filed, you will not have to pay money.

Will a collection agency sue for $5000?

Unpaid, credit card balances between $5,000 to $10,000 increase the likelihood of legal action by creditors or collection agencies. While agencies typically pursue the full amount owed, debt buyers may accept reduced payments.

Do people win in small claims court?

In fact, many small claims cases are won simply because the other side didn't show up to court. The result of a successful small claims case is a judgment—a court order requiring the other party to pay you.

How do I get money back from someone who refuses to pay?

You can:
  1. File a civil case to get your money or property back. The court that hears the case will depend on the amount involved. ...
  2. File a civil case in rent court. ...
  3. File criminal charges. ...
  4. Once a court rules in your favor, you will have a judgment stating that the other person owes you money.

How often do debt collectors take you to court?

More frequently than most consumers probably realize. While precise statistics are difficult to come by, legal experts estimate that several million debt collection lawsuits get filed across the United States every single year.

Can you go to jail for not paying someone back?

You cannot be arrested or go to jail simply for having unpaid debt. In rare cases, if a debt collector sues you to collect on a debt and you don't respond or appear in court, that could lead to arrest. The risk of arrest is higher, however, if you fail to pay taxes or child support.

How to start a court case?

You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit.

Which lawyer wins most cases?

Settings. Gerry Spence is widely considered one of the most successful trial and criminal attorneys in America. He has never once lost a criminal case — either as a prosecutor or a defense attorney — and he hasn't lost a civil case since 1969.

Can I sue my ex for money owed?

Yes, you could try to take your ex to small claims court.