Litigation in Washington, D.C.
Most people who search for a litigation attorney in D.C. need three answers: whether they are still in time to sue, where the case will be heard, and how fast they must respond if sued. Contract and property-damage claims must be filed within 3 years, defamation and assault claims within 1 year, and a defendant served in Superior Court must answer within 21 days.
Brandon Northington, a Partner licensed in D.C. and Maryland, handles civil litigation for individuals and owners in the District.
Where and how civil cases move in D.C.
Civil cases are filed in the Civil Division of the Superior Court of the District of Columbia, which has jurisdiction over civil actions at law and in equity (D.C. Code § 11-921). A money-only claim of $10,000 or less belongs in the Small Claims and Conciliation Branch, which cannot hear a claim affecting an interest in real property (§ 11-1321). Federal-question and diversity cases may be heard in the U.S. District Court for the District of Columbia.
Deadlines are tight. Under the Superior Court Civil Rules, a plaintiff has 60 days from filing to serve the defendant and file proof of service (Rule 4(m)), and a defendant has 21 days after service to answer (Rule 12(a)). Section 12-301 sets 3 years for simple contracts, injury to property and any claim not otherwise provided for, 1 year for libel, slander, assault, battery, malicious prosecution and false arrest, and 15 years to recover land.
D.C.'s anti-SLAPP statute gives a defendant sued over advocacy on an issue of public interest a special motion to dismiss, filed within 45 days after service. Discovery is stayed, and the claim is dismissed with prejudice unless the plaintiff shows it is likely to succeed on the merits (§ 16-5502).
Winning is not the end. A money judgment recorded with the Recorder of Deeds is enforceable for 12 years (§ 15-101) and accrues interest at 70% of the IRS underpayment rate, rounded to the nearest full percent (§ 28-3302). Collection is limited by the exemptions in § 15-501.
Contract and Debt Claims
Breach of contract, collection and defense of money claims, including small claims.
Property Disputes
Boundary, title and adverse possession claims, including actions to perfect title under § 16-3301.
Speech and Defamation Claims
Libel and slander claims, including the anti-SLAPP special motion to dismiss.
Judgment Collection and Defense
Recording, enforcing and contesting judgments, and asserting exemptions under § 15-501.
How long do I have to sue in Washington, D.C.?
Under D.C. Code § 12-301, 3 years for simple contract claims, injury to property and claims with no other stated period; 1 year for libel, slander, assault, battery, malicious prosecution and false arrest; 15 years to recover land. Contracts for the sale of goods and some statutory claims have their own periods.
How long do I have to respond to a lawsuit in D.C. Superior Court?
A defendant must serve an answer within 21 days after being served with the summons and complaint (Civil Rule 12(a)). Missing the deadline can lead to a default, so call a lawyer the day you are served.
How much can I sue for in D.C. small claims court?
Up to $10,000, exclusive of interest, fees and costs, and only for money. Claims affecting an interest in real property cannot be brought there (§ 11-1321).
What can a creditor take after a judgment against me?
Anything not exempt. Section 15-501 protects limited amounts, including one vehicle up to $2,575 and household goods up to $8,625, plus retirement plans and benefits. A recorded judgment can be enforced for 12 years (§ 15-101).
What if I am sued over something I said publicly?
If the claim arises from advocacy on an issue of public interest, you can file a special motion to dismiss within 45 days after service, which stays discovery (§ 16-5502).
Facing a civil dispute in Washington, D.C.?
The first consultation is confidential, and we respond within one business day. Tell us what happened and what deadline you are working against.