How to File a Breach of Contract Lawsuit
Check the claims limits of the small claims court nearest you., Find the right small claims court where you can file your lawsuit., Draft your claim., File your claim., Serve your claim.
Step-by-Step Guide
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Step 1: Check the claims limits of the small claims court nearest you.
As the name implies, small claims courts only resolve disputes involving relatively small amounts of money.
The maximum amount for which you can sue varies between states, but normally is between $3,000 and $7,500.Small claims courts have more informal procedures than state or federal courts and lower filing fees.
Also known as “people’s courts,” litigants in small claims courts typically don’t hire attorneys, and some states don’t permit them at all. -
Step 2: Find the right small claims court where you can file your lawsuit.
As in any other court case, the court must have jurisdiction, and your suit can’t be filed too late.
Your state has a statute of limitations that governs how long someone has to file a lawsuit against someone else after the dispute occurred.
In breach of contract cases, you usually have to file within five years.Small claims courts typically hear cases involving people who live in the same local area.
If the person who breached your contract lives in a different county, you may have to file in the small claims court in their county, or in state court.
Check with your local court clerk to be sure.Small claims courts also are a good option when you have an agreement with a friend or family member for a small amount of money or a barter agreement for other services that wasn’t completed.
For example, suppose you make a deal with your next door neighbor that if you feed and walk his dogs for a week while he’s out of town, he’ll paint your porch when he returns.
You do your part of the deal, but it’s been a month since he got back home and he refuses to paint your porch.
This case more than likely belongs in small claims court: you both live in the same town, and you have a claim that probably isn’t worth much money. , To have your case heard in small claims court, you’ll have to draft a claim telling the judge who you are, what your problem is, and why you deserve to be compensated.
The small claims clerk of court should have a form that would fit your situation.
In a breach of contract suit, you must prove that a contract between you and the person you’re suing existed, and that they broke that contract.
You also must prove that you suffered loss and should be paid damages as a result.Small claims courts ordinarily can award monetary damages for a claim, but can’t award other remedies such as court orders to do something, or stop doing something., Once you’ve finished filling out the forms, take them to the clerk’s office and pay the necessary fees.
You may receive a date for your hearing when you file your claim, or the date may be mailed to you later.
Every small claims court has a different procedure, but the clerk will tell you when you file., After you file your claim, you have to let the other side know about it.
This way they know what you’re asking for and when the trial will be so they can show up and be prepared.Formal service of process also lets the court know that the other side knew about the claim and the hearing.
If you’re the only one who shows up for your hearing, the judge will automatically rule in your favor
-- but only if you can prove that the other side knew when and where to appear.
You cannot personally serve the court papers on the other side.
You must get another person, over the age of 18, who has nothing to do with your case.
The clerk’s office probably has a list of process serving companies in your area.
Some small claims courts also require you to file a proof of service of process once the other party has been served. -
Step 3: Draft your claim.
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Step 4: File your claim.
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Step 5: Serve your claim.
Detailed Guide
As the name implies, small claims courts only resolve disputes involving relatively small amounts of money.
The maximum amount for which you can sue varies between states, but normally is between $3,000 and $7,500.Small claims courts have more informal procedures than state or federal courts and lower filing fees.
Also known as “people’s courts,” litigants in small claims courts typically don’t hire attorneys, and some states don’t permit them at all.
As in any other court case, the court must have jurisdiction, and your suit can’t be filed too late.
Your state has a statute of limitations that governs how long someone has to file a lawsuit against someone else after the dispute occurred.
In breach of contract cases, you usually have to file within five years.Small claims courts typically hear cases involving people who live in the same local area.
If the person who breached your contract lives in a different county, you may have to file in the small claims court in their county, or in state court.
Check with your local court clerk to be sure.Small claims courts also are a good option when you have an agreement with a friend or family member for a small amount of money or a barter agreement for other services that wasn’t completed.
For example, suppose you make a deal with your next door neighbor that if you feed and walk his dogs for a week while he’s out of town, he’ll paint your porch when he returns.
You do your part of the deal, but it’s been a month since he got back home and he refuses to paint your porch.
This case more than likely belongs in small claims court: you both live in the same town, and you have a claim that probably isn’t worth much money. , To have your case heard in small claims court, you’ll have to draft a claim telling the judge who you are, what your problem is, and why you deserve to be compensated.
The small claims clerk of court should have a form that would fit your situation.
In a breach of contract suit, you must prove that a contract between you and the person you’re suing existed, and that they broke that contract.
You also must prove that you suffered loss and should be paid damages as a result.Small claims courts ordinarily can award monetary damages for a claim, but can’t award other remedies such as court orders to do something, or stop doing something., Once you’ve finished filling out the forms, take them to the clerk’s office and pay the necessary fees.
You may receive a date for your hearing when you file your claim, or the date may be mailed to you later.
Every small claims court has a different procedure, but the clerk will tell you when you file., After you file your claim, you have to let the other side know about it.
This way they know what you’re asking for and when the trial will be so they can show up and be prepared.Formal service of process also lets the court know that the other side knew about the claim and the hearing.
If you’re the only one who shows up for your hearing, the judge will automatically rule in your favor
-- but only if you can prove that the other side knew when and where to appear.
You cannot personally serve the court papers on the other side.
You must get another person, over the age of 18, who has nothing to do with your case.
The clerk’s office probably has a list of process serving companies in your area.
Some small claims courts also require you to file a proof of service of process once the other party has been served.
About the Author
Eric Turner
A seasoned expert in education and learning, Eric Turner combines 5 years of experience with a passion for teaching. Eric's guides are known for their clarity and practical value.
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