Starting a Lawsuit In this video, you will learn how a lawsuit begins. A Complaint or Petition is the document that starts a lawsuit. The Complaint usually comes in four sections: First, the caption Second, the body which contains law and facts Third, prayer for relief, and Fourth, verification The first section is called the “caption” and includes the parties of the lawsuit. If you are the person suing, then you are the "plaintiff". The person you sue is called the "defendant". In some cases, like divorce, the parties are called the “petitioner” and the “respondent” and the complaint is called a “petition”. When you sue, you must first decide whom to sue. You can list more than one defendant. If you want to sue a business, you need to make sure you list the right name. If you are suing a corporation in Illinois, to find it’s official name, visit the Secretary of State’s website at CyberDriveIllinois.com. For example, Dan hires Polly to build a garage for $4000 and they sign a contract. Polly builds the garage, but Dan refuses to pay. Polly sues Dan in Small Claims court – Polly is the Plaintiff and Dan is the Defendant. If the garage was built for a business, Polly would need to find out if Dan was the right person to list as the Defendant and if she should list other owners or business. The second section is known as the “body” of the complaint. This is where you state the facts of your case and what law or laws apply to your case. Each fact should be in its own numbered paragraph. Using our example, Polly would state the facts in her complaint. She would also attach a copy of the contract. The third section of the complaint is known as the “prayer for relief”. This is where you tell the court what you want. Using our example, Polly would write at the end of her complaint that she wants a judgment against Dan for $4000, plus interest and court costs. Remember to ask for everything you want in the complaint. If you do not ask for it in your complaint, then the court may not give it to you. Please note that the court cannot always give you what you want. The court can only give you what the law allows. Finally, your complaint should be verified. This is a signed statement that you believe the facts you put in the complaint are true. For more information on how to start a lawsuit, talk with a lawyer, ask your local circuit clerk’s office, or visit “Illinois-legal-aid-dot-org.” .