Where you file a civil lawsuit depends on what the case is about and who you’re suing. For most disputes, the right place is the state trial court in the county where the defendant lives or where the events happened. A smaller set of cases belongs in federal district court, and some claims require you to go through a government agency before any court will take the case at all.
Start With State Court as the Default
State trial courts are courts of general jurisdiction. They can hear nearly any civil dispute: contract disagreements, car accident injuries, landlord-tenant fights, divorces, property damage, and most everything else that doesn’t turn on a specific federal law. If you can’t identify a clear reason your case belongs somewhere else, state court is almost always the right answer.
Within the state system, you generally file in the county where the defendant lives or where a substantial part of the underlying events happened. Each state uses its own court names and its own rules about which county qualifies, but the logic is consistent: the courthouse needs a fair geographic connection to the dispute or to the person being sued.
When Your Case Belongs in Federal Court
Federal district courts have limited authority. They can only hear cases that fit specific categories Congress has defined. Filing in federal court without meeting those requirements gets the case dismissed, and that can cost weeks or months. Two paths get a civil case in.
Federal Question Jurisdiction
If your lawsuit is based on a right created by the U.S. Constitution, a federal statute, or a U.S. treaty, federal district courts have jurisdiction.1Office of the Law Revision Counsel. 28 USC 1331 – Federal Question Patent infringement, federal civil rights violations, and federal securities claims are common examples. The federal question has to appear on the face of your complaint. It’s not enough that the other side might raise federal law as a defense.
Diversity Jurisdiction
Federal courts can also hear disputes between citizens of different states when the amount at stake exceeds $75,000.2Office of the Law Revision Counsel. 28 USC 1332 – Diversity of Citizenship, Amount in Controversy, Costs A claim for exactly $75,000 does not qualify. The amount has to genuinely exceed that figure, not counting interest or court costs.
The diversity must also be complete: no plaintiff can share state citizenship with any defendant. A Texas resident suing one California defendant and one Texas defendant cannot use diversity jurisdiction, because the Texas-on-Texas pairing breaks it.
For individuals, citizenship means the state where you permanently live. For corporations, it’s both the state of incorporation and the state where the principal place of business sits, which courts have described as the “nerve center” where top officers direct operations. A company incorporated in Delaware but headquartered in New York is a citizen of both states for diversity purposes.
Removal: Your State-Court Choice May Not Stick
Even if you file in state court, a defendant who believes the case qualifies for federal jurisdiction can “remove” it to federal court, generally within 30 days of being served. If your dispute involves parties from different states and more than $75,000, or if it touches a federal statute, assume the defendant may pull it into federal court whether you want them to or not.
Small Claims Court for Smaller Amounts
If you’re owed a relatively modest sum, small claims court is usually the fastest and cheapest option. Every state operates some version of one, with simplified procedures, relaxed evidence rules, and hearings that typically resolve in weeks rather than months.
Dollar limits vary. They range from $2,500 in a few states to as high as $25,000 in others, with most falling in the $5,000 to $15,000 range. Filing fees are substantially lower than in regular civil court. Many small claims courts don’t allow attorneys, or at least don’t require them, which can level the field when you’re suing a company or a wealthier individual.
The tradeoff is procedural. Discovery is limited or nonexistent, and appeal rights may be restricted. For straightforward matters like unpaid debts, security deposit disputes, or minor property damage, that tradeoff usually makes sense. For anything complex or high-value, regular civil court gives you more tools to work with.
Cases That Require an Agency Before Any Court
Certain categories of lawsuits require a formal complaint with a government agency before any court will accept the case. Skipping the step means dismissal even if you file on time and in the right courthouse.
Employment discrimination claims under Title VII and the Americans with Disabilities Act are the most common example. You must first file a charge with the Equal Employment Opportunity Commission and wait for the agency to investigate or issue a right-to-sue letter.3U.S. Equal Employment Opportunity Commission. Filing a Charge of Discrimination The EEOC generally needs 180 days, though it can issue the letter sooner. Age discrimination claims under the ADEA work a little differently: you can file in federal court 60 days after submitting the charge, without waiting for a right-to-sue letter.4U.S. Equal Employment Opportunity Commission. What You Can Expect After You File a Charge
Lawsuits against the federal government follow a similar pattern. Under the Federal Tort Claims Act, you must file an administrative claim with the responsible agency first. The agency then has six months to investigate and attempt to settle. If it denies the claim in writing, or if six months pass without a decision, you can treat the silence as a denial and go to court.5Office of the Law Revision Counsel. 28 USC 2675 – Disposition by Federal Agency as Prerequisite
Picking the Specific Courthouse
Once you know which court system handles your case, you need the specific courthouse. That’s a question of “venue,” and the rules keep lawsuits in locations with a fair connection to the dispute.
In federal court, the general rule allows filing in any district where the defendant lives, as long as all defendants live in the same state, or in any district where a substantial part of the events giving rise to the claim occurred.6Office of the Law Revision Counsel. 28 USC 1391 – Venue Generally State courts follow similar logic, usually pointing to the county where the defendant resides or where the key events happened. With multiple defendants in different districts of the same state, you can file in any district where one of them lives. If none of the standard options works, federal law has a fallback: any district where a defendant is subject to the court’s personal jurisdiction.
Venue is separate from jurisdiction. A court can have jurisdiction over your type of case but still be the wrong geographic location. Filing in an improper venue doesn’t necessarily kill your case the way a jurisdictional defect can. The court will typically transfer it rather than dismiss. But a transfer costs time, and defense counsel will use that time to drive up early costs.
Check the Contract for a Forum Selection Clause
If your dispute arises from a contract, read the fine print for a “forum selection clause.” These provisions specify where disputes between the parties must be filed, and courts enforce them in all but the most unusual cases. If your employment agreement, software license, or service contract names a particular jurisdiction, you’re generally stuck with it. A court can refuse to enforce the clause if it was buried in a non-negotiable contract and the chosen location has no real connection to the agreement, but that argument is hard to win.
Personal Jurisdiction Over the Defendant
The court also needs “personal jurisdiction” over the defendant, meaning enough legal connection to that person or company to issue a binding judgment. For individuals, this typically exists where they live. For businesses, it exists where they’re headquartered, where they’re incorporated, or where they have substantial ongoing operations. If you’re suing an out-of-state company that does significant business in your state, your state’s courts can likely reach it. If the company has no presence in your state, you may have to file where the company is based.
Confirm You Still Have Time to File
Picking the right courthouse doesn’t help if your deadline has passed. Every civil claim has a statute of limitations set by law. Miss it and the court will dismiss the case no matter how strong it is. Judges almost never grant exceptions.
The deadline depends on the type of claim and the state. Personal injury claims commonly have a two- or three-year window. Written contract disputes often allow four to six years. Property damage falls somewhere in between. Fraud and medical malpractice have their own periods, which can run shorter or longer depending on state law.
The clock usually starts on the date of the injury or breach. One important exception is the “discovery rule,” which delays the start date until you knew, or reasonably should have known, about the harm. This matters for latent medical injuries and hidden construction defects, where the damage isn’t obvious right away.
If the deadline is close, prioritize getting the case filed. You can amend a complaint later. You cannot undo a missed statute of limitations.