How Do You Sue Someone For Breach Of Contract?

When you sign a contract, you expect the other party to follow the deal just as you intend to. Unfortunately, this doesn't always happen. In that case, you may need to sue for breach of contract. Here's how.

Read the Contract Again

The first step is to read your contract again. Even if you think you know what it says, you need to double-check. You're also looking for any special clauses that may help your situation.

For example, you may be entitled to a late payment fee if you aren't getting paid. Your contract may also set a deadline that the other side has to fix any breaches by.

Call the Other Party

The next step is to call the other party. Not every breach of contract is intentional. Sometimes people just forget or don't realize something isn't happen. They could have forgotten to mail a check or thought someone else at their business was handling things.

Add Up What You're Owed

If you still aren't getting anywhere, the next step is to figure out exactly what you're owed or what you're entitled to. For example, if you're owed money, that might be the contractual amount plus late fees and maybe potential collection costs.

If it's something other than money is owed, figure out exactly what you need and how much it costs. For example, you might need your landlord to fix your air conditioner, and it might cost you $500 to do it yourself.

Write a Demand Letter

The next step is writing a demand letter. This should ask for whatever you just figured out above. You should give the deadline specified in your contract or a reasonable amount of time if there isn't one.

The truth is that most people will ignore your letter if they haven't been willing to work with you so far. However, if you get an attorney to write one for you, that implies a threat of a lawsuit and shows you're serious, so it's often more effective than doing it on your own.

Sue Them

The final step to enforcing your contract is suing the other party for breach of contract. Depending on what's involved, you'll need to go to small claims court or civil court. Your attorney can help you figure out where to file your lawsuit and what proof you'll need to win.

To learn more about how to sue someone for breach of contract, contact a local civil law attorney today.



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The Right Call: A Law Blog When you are accused of a crime, have to write an important contract, or have a question about a child custody agreement, who do you call? Your lawyer, of course. But how do you know which lawyer is best equipped to represent you? What services might your attorney offer that you are not aware of? Start reading the articles on this website, and you will find the answer to these and other burning questions about general attorneys and their work. While we are not attorneys, we are interested in the law, and we are excited to pass on our knowledge by way of this blog.

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