How to Sue Someone for Breach of Contract
Imagine you had a deal/contract with somebody and both parties were bound to perform some duties but the other party failed to follow the contract and caused a significant loss. If he/she is not ready to give compensation then suing that party for breach of contract will be your best bet.
However, it is not that simple as you will have to draft your petition very tactfully. Moreover, there is a law in some countries that you will knock at the door of small claims court if your damage is less than $5000 otherwise it is a civil court matter.
The legal process for both courts is almost the same so all you need is to present a complete petition in front of the relevant judge/magistrate.
Act in time:
First of all, you should file your petition within the time limit. This time limit is called statute of limitation and it is different in every country. However, it varies from 2 to 6 years so you should check whether you have time to file a lawsuit or not.
You should review the contract to check all the terms and conditions. A well drafted contract always mentions the compensation in case of any convenience so it will help you determine the nature of the offense.
Check the signatures, dates etc:
Now you should confirm that the contract is signed by both parties and date of agreement is clearly mentioned in the contract. This will strengthen your case by showing that the contract was fair and equal for both parties.
Determine your loss:
The law says that breach must have damaged the purpose of the contract and it should cause damage in the form of money. You should determine your loss and check the way that the other party breached that contract before the litigation.
Give the other party a chance:
It is always better to give your opponent another chance before suing him/her for breach of contract. It may resolve the issue without spending money and time. Keep complete records of this correspondence as this will help you to establish the fact that other party has done this intentionally.
Prepare your case and required documents:
Now you will have to prepare your complaint and attach all the necessary documents with your petition. Highlight the relevant portion of the contract and the clauses that deal with the breach. You may hire a lawyer for otherwise the clerical staff of the court can also guide you.
File your complaint:
Though, you can file your complaint through mail but still it is better to be there as in case of any confusion or mistake you can handle the situation.
Attend your hearing regularly and act in accordance with court rules and regulations.