How to Sue a Company
First try to resolve the dispute and send a written demand letter. Check your contract for an arbitration clause. For smaller amounts, file in small claims court, where you do not need a lawyer; for larger claims, file a complaint in state or federal court. Name the business by its exact legal name, serve its registered agent, and file before the statute of limitations runs out.
Suing a business is often simpler than people expect, especially for smaller claims. The key is preparation.
Step 1: Try to resolve it
Contact customer service, then a manager, in writing. Many disputes end with a refund or repair. For consumer issues, complaints to your state attorney general or the Better Business Bureau sometimes help; see consumer rights.
Step 2: Send a demand letter
A short letter stating what happened, what you want, and a deadline before you file suit. Some courts expect a demand before small claims filing, and some consumer statutes require one.
Step 3: Check for arbitration
Many consumer and employment contracts require disputes to go to arbitration instead of court, and federal law generally enforces such clauses (9 U.S.C. 2). Many still allow small claims court. Read the terms of service or contract.
Step 4: Choose the court
| Option | Best for |
|---|---|
| Small claims court | Claims under your state's limit; simple procedures; lawyers often not required. See how small claims works |
| State civil court | Larger claims |
| Federal court | Federal law claims, or claims over $75,000 between parties from different states |
Find your state's small claims limit under state laws.
Step 5: Identify the right defendant
Use the company's exact legal name from your state's business registry, not just a brand name. Corporations and LLCs list a registered agent who accepts legal papers (Cornell LII).
Step 6: File and serve
File the complaint or small claims form, pay the filing fee or request a waiver, and have the company served through its registered agent as your court requires.
Step 7: Prepare evidence
Contracts, receipts, photos, emails, texts, and a clear timeline. Our small claims checklist helps organize them.
Deadlines
Each claim type has a statute of limitations; written contracts often have longer deadlines than oral ones, and some claims are much shorter.
Costs and timing
Small claims cases are usually resolved within a few months. Regular lawsuits can take a year or more; see how long a civil lawsuit takes.
Collecting
Winning is only half the battle. See how to collect a judgment.
For larger claims, talk to a business lawyer or a lawyer in the relevant field.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.