If you find yourself in a situation where you have entered a contract, and have met the obligations per the terms, but you cannot get the other party to fulfill their obligations, you may be in need of filing a breach of contract lawsuit. There are several things you need to consider before filing such a lawsuit. Here are 10 things you need to consider prior to filing.
1. Statute of Limitations and Damages
Not having obligations fulfilled by another party is not the only thing which needs to be considered before filing a breach of contract lawsuit. You will need to determine if you are within the statute of limitations per California law. You will also need to determine all of the damages which have been caused due to the breach of contract.
2. Mediation and Arbitration
You will need to determine if the contract requires mediation or arbitration prior to a suit being filed. The problem many people find is that they know their contract has been breached, but they mistakenly think they can sue as their first course of action. Having the context of your contract reviewed by an attorney can help to make this determination.
3. Are you ready to commit?
Keep in mind that lawsuits are not resolved overnight. It will take time before the end of the lawsuit is determined. Evaluate the situation and determine if you are ready to make the commitment which will be required to see a lawsuit through to the end. An attorney can help you to determine the value of the suit. This can help you in making your decision to make this type of commitment.
4. Determining Civil or Small Claims
You will need to determine which court is the most appropriate for the suit you want to file. The amount of the dispute, location of the parties involved in the suit and the actual contract are all factors which help to make this determination. A consultation with an attorney can help you figure out these factors.
If the party you are suing resides or runs their business in another country, you will need to be sure to file your suit properly. There are different laws regarding how and where a lawsuit is filed when the parties are from two different countries. In these cases, it is best to obtain an attorney who is experienced in these types of situations. They will be able to determine where and how a suit of this nature should be filed.
5. Learn how to best serve the defendant
The court cannot locate a defendant for you. You will need to gather all information to locate the party you are suing. This will help ensure they are properly served after you have filed a lawsuit. Obtain their physical home and work address. This is important because a defendant has to be properly served in order to provide them with a chance to respond to the claims being made against them. If you do not know this information, seeing your trial make it into court could be impossible.
6. Organize your Complaint and Additional Related Documents
The necessary documents for a small claims court suit can be filled out with the assistance from the Clerk’s office. They will also be able to provide you with a list of the documents you will be required to provide the court. If you are filing in Civil Court, the process becomes much more complicated. Filing in Civil Court requires the need to have documents properly prepared and specific forms are required for court. An experienced attorney will also be able to provide you with the information regarding the documents you will need to have gathered and submitted for court.
7. Determine if you are Prepared for a Hearing
There are several tasks which must be completed prior to attending a hearing. Your attorney will be able to guide you through this process to determine if you are ready for a hearing. There are things you can do to prepare for the hearing in addition to the instructions you receive from your attorney. You can obtain copies of the contract for the defendant and the judge. This is because you will want the contract to be submitted as evidence. Be sure to go through each copy and highlight the clause which has been breached by the defendant. You will also want to highlight any other portions which you will be making reference to during the hearing.
Be prepared to learn more about the defendant’s case. This is generally done during the discovery process with your attorney. Any information which you can offer them during this process will be helpful to your case. Keep in mind that the discovery process is not something you will want to do on your own. This is because there are specific laws regarding discovery. Violation of these laws could ruin a case.
8. Consider Your Witnesses
You will need to think of anyone you can call on as a witness to support your case. Make a list of them and add any contact information you have for them. This will help your attorney in reaching out to these individuals.
9. Witness Preparation
You will need to take part in preparing your witnesses for court. Make a list of questions which you will ask them in court. Take the time to practice with them with you asking the questions and them answering them. This is something your attorney will also be involved in.
10. Do you have the Best Defense?
When it comes to getting justice for a breached contract, you do not want to be alone in your fight. You want to make sure you have an experienced and knowledgeable attorney on your side. To ensure this you will need to schedule a consultation with the experts at Webb Law Group. Call the Webb Law Group at (559) 431-4888.