How to File a False Claims Act (FCA) Claim Pro Se in EDVA

How to File a False Claims Act (FCA) Claim Pro Se in the Eastern District of Virginia (EDVA)

Introduction

Filing a False Claims Act (FCA) lawsuit on your own—pro se—can feel daunting. But if you're a whistleblower intending to pursue a FCA claim in the Eastern District of Virginia (EDVA), this step-by-step guide will help you navigate the process confidently—from drafting your complaint to filing, serving defendants, and complying with court rules. By the end, you'll clearly understand what’s required and how to avoid common missteps.

What You’ll Need 📋

• Facts & evidence of fraud involving government payments
• FCA legal statutes (especially 31 U.S.C. §§ 3729–3733)
• EDVA Pro Se Litigant Reference Handbook
• Forms: JS‑44, Summons, Waiver of Service, Ghostwriting Certification
• Filing fee: $405, or Motion to Proceed In Forma Pauperis (IFP)
• PACER account (optional for E‑Noticing)
• Knowledge of Federal Rules of Civil Procedure & EDVA Local Rules

Step-by-Step Guide

1. Draft Your FCA Complaint

• Caption & Jurisdiction
  Title it: United States of America ex rel. [Your Name], Plaintiff, v. [Defendants]
  Use the correct division (Alexandria, Norfolk, Richmond, Newport News).
  Cite jurisdiction under 31 U.S.C. §§ 3729–3733.
• Statement of Facts
  Describe who, what, when, where, and how the defendant submitted false claims.
• Legal Grounds & Relief
  Cite FCA statutes and specify penalties/damages (treble damages, penalties, legal costs).
• Signatures & Certifications
  Sign, date, and include contact info. Include a Ghostwriting Certification per Local Rule 83.1(N).
• Redactions
  Remove sensitive info (e.g., SSNs, minor names, etc.).

2. Attach Required Forms & File

Checklist:

• Original complaint + one copy per defendant
• JS‑44 Civil Cover Sheet
• Summons forms
• IFP motion (or $405 filing fee)
• Waiver of Service forms (if using Rule 4(d))
• Ghostwriting Certification

3. Manage Filing Fees or IFP

• File $405 fee OR a Motion to Proceed IFP with affidavit
• If IFP granted, U.S. Marshal handles service; if not, you are responsible

4. Serve Defendants

• Personal Service
  Under Rule 4, serve each defendant within 90 days. File proof of service.
• Waiver by Mail
  Send Notice of Lawsuit, Waiver forms, complaint, and return envelope.
• Federal Defendants
  Serve both the U.S. Attorney and Attorney General by mail.

5. Certificate of Service

Each filing must include a statement confirming service on all parties.

6. E‑Noticing & PACER

• Optionally enroll in E-noticing via PACER
• Maintain updated contact info and check docket frequently

7. Responding to Motions & Deadlines

• Response briefs typically due in 14 days
• Motion hearings are usually Fridays at 10 a.m. in Alexandria

8. Follow Procedural Rules Throughout

• Use proper formatting: one-sided, typed, 8½×11” paper, numbered pages
• Include Ghostwriting Certification with all filings
• Serve opposing counsel and file Certificate of Service each time
• Update address changes immediately with Clerk

Troubleshooting & Common Mistakes

• You can't file FCA suits pro se: Courts typically dismiss pro se FCA complaints; you need a lawyer
• Failure to serve in 90 days: Results in dismissal
• Formatting errors: Can delay or reject your case
• Missed motion deadlines: Weakens or forfeits your case

Summary Checklist

Task	✅
Draft FCA Complaint with certifications & redactions
Complete JS‑44, Summons, Waiver forms
File with Clerk + fee or IFP
Serve all parties (and U.S. if needed)
File Certificate of Service
Enroll in PACER/E‑Noticing (optional)
Respond to motions and meet deadlines
Keep address current with Clerk

Final Take

Filing a FCA claim pro se in EDVA requires precision, preparation, and procedural compliance. But be warned: you cannot represent the United States in a qui tam suit without an attorney. Courts uniformly dismiss these cases when filed without counsel. So use this guide to understand the terrain—but seek legal representation if you want to move forward successfully.

Action Step: Prepare your documentation and consult an experienced whistleblower attorney today.

FAQs

Q: Can I file an FCA action without a lawyer?
A: Technically yes, but courts consistently dismiss them. You need counsel.

Q: What’s the filing fee?
A: $405, or file an IFP motion if you’re low-income.

Q: Must I use PACER?
A: No, but it’s helpful for tracking your case online.

Q: What if I miss the 90-day service deadline?
A: The court may dismiss your case. File for an extension before the deadline if needed.