What Happens When You File a Complaint?

Filing a complaint is the formal beginning of a lawsuit. It signals that informal efforts to resolve a dispute have been exhausted or deemed insufficient, and it sets the legal process in motion within the court system. Here is a quick breakdown of what a complaint is and what happens when you file one.

What Is a Complaint?

A complaint is a legal document submitted by the plaintiff (the party initiating the lawsuit) that outlines the factual background of the dispute, identifies the legal claims being made, and specifies the relief being requested—whether it's financial compensation, an injunction, or another remedy.

The Filing Process

Drafting the Complaint

The complaint must clearly present the facts, legal theories, and basis for jurisdiction. It often includes multiple claims or causes of action, and may involve several defendants. Attorneys take care to ensure the document complies with court formatting and pleading standards.

Filing with the Court

Once finalized, the complaint is filed with the appropriate court. This may be a state or federal court depending on the nature of the dispute. A filing fee is typically required, and the case is assigned a docket number.

Serving the Defendant

After filing, the complaint must be properly served on the defendant—this means formally delivering the document along with a court-issued summons. Service is generally carried out by a neutral third party and is required before the court will proceed with the case.

Defendant’s Response

The defendant usually has 20 to 30 days to respond. The response may be an “answer,” which addresses each allegation in the complaint, or a motion to dismiss, which asks the court to throw out the case on legal grounds. A defendant may also file an answer that includes affirmative defenses or counterclaims against the plaintiff.

Replying to the Defendant’s Response

In some cases, after the defendant files a response—whether it’s an answer or a motion—the plaintiff may be permitted or required to reply.

If the response is a motion to dismiss, the plaintiff typically has the opportunity to file a written opposition, arguing why the case should not be dismissed. This involves addressing the legal points raised and supporting the argument with applicable laws and case precedents.

If the defendant files an answer that includes affirmative defenses or counterclaims, the plaintiff may be allowed to file a reply. This is a formal response that addresses new facts or defenses raised by the defendant.

These replies help to clarify the issues, frame the arguments moving forward, and preserve important legal positions. While replies are not always necessary, they can be a valuable tool for shaping the case in its early stages.

Why Filing a Complaint Matters

This step starts the litigation clock and establishes the legal framework of the case. It sets deadlines, shapes the discovery process, and defines the issues that will be contested in court. A well-drafted complaint lays the foundation for a strong legal strategy and influences the outcome of the case from day one.