A Step-by-Step Guide to Starting Legal Proceedings
If you’re involved in a dispute in Sweden and informal solutions haven’t worked, you may be considering legal action. But how do you actually file a lawsuit (“stämning”)? Whether it’s about child custody, unpaid debts, breach of contract, or another civil matter — the process starts with a formal written application to the District Court (“tingsrätten”).
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This article walks you through how to initiate a civil case in Sweden — especially helpful for foreigners or international parties unfamiliar with the Swedish legal system.
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1. What Is a “Stämning”?
A “stämning” is a lawsuit application, also known as a summons application. It’s the official way to ask a Swedish court to settle a legal dispute. The person who brings the case is the plaintiff (“kärande”), and the person being sued is the defendant (“svarande”).
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Most lawsuits begin in the local District Court (“tingsrätt”).
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2. When Should You File a Lawsuit?
You can file a stämning when:
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You’ve tried to resolve the issue informally without success
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You’re dealing with a legal matter like money, child custody, or property
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You have evidence to support your position
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You know the identity and address of the opposing party
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Common civil cases include:
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Child custody and visitation disputes
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Debt collection (unpaid invoices or loans)
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Contract breaches
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Property or rental disagreements
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3. What Must the Application Include?
Your lawsuit application (“stämningsansökan”) must be written and include:
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Your full name and address
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The defendant’s name and address
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A description of your claim – what you are asking the court to decide
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The legal basis – why you believe you are entitled to what you’re claiming
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A summary of the facts – what happened and when
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Supporting evidence – contracts, messages, invoices, witness names, etc.
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You should also say whether you want the case to be handled in writing or with an oral hearing.
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4. Where Do You File the Lawsuit?
File your application with the District Court (“tingsrätt”) that covers:
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The area where the defendant lives
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Or, in some cases, where the dispute took place
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You can file the application by mail, in person, or sometimes via email (check with the court first).
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5. What Does It Cost to File a Lawsuit?
Filing a lawsuit in Sweden requires you to pay a court fee, and the amount depends on the type of case:
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SEK 900:
– For family law disputes (e.g., custody or visitation)
– For civil cases involving claims under SEK 29,000
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SEK 2,800 or more:
– For cases involving claims of SEK 29,000 or more
– Or more complex legal matters
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The fee is paid when you submit the application. If you win the case, the court may require the losing party to pay your legal costs, including this fee.
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6. What Happens After You File?
Once the application is submitted:
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The court reviews it and sends a summons to the defendant
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The defendant must submit a written response
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The court may call both parties to a preliminary hearing (“förberedelse”)
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If no agreement is reached, the court will schedule a main hearing (“huvudförhandling”)
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If the defendant does not respond, the court may issue a default judgment (“tredskodom”) in your favor.
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7. Do You Need a Lawyer?
You are allowed to represent yourself, but hiring a qualified Swedish lawyer (“advokat”) is strongly recommended for:
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Complex legal issues
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High-value claims
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Situations where the other party has legal representation
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For small claims under SEK 29,000, the court process is simplified and costs are limited.
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8. Legal Aid and Insurance Coverage
If you have home insurance (“hemförsäkring”), it may include legal expense coverage (“rättsskydd”) to help with your legal costs.
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You may also be eligible for state legal aid (“rättshjälp”), depending on your income and the nature of your case. Ask the court or your lawyer for assistance with applying.
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Summary
Filing a lawsuit in Sweden — called a “stämningsansökan” — is a structured process that requires proper documentation, payment of a court fee, and submission to the correct District Court.
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For family or small civil claims under SEK 29,000: the fee is SEK 900
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For larger or more complex cases: the fee starts at SEK 2,800
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The steps are:
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Write a clear, well-supported application
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File it with the appropriate court
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Pay the filing fee
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Be prepared for further hearings or a potential settlement