If a business, contractor or company owes you more than £3,250 due to a breach of contract claim, you can sue in a civil court for damages. If those damages are less than £3,250, you can sue in small claims court. The process for both civil and small claims court is largely similar.
Determine if the contract is enforcement. Review contract details including terms and conditions, restrictions and warranties and termination restrictions named in the original contract.
Verify the contract is considered fair and equal to both parties and outlines the conditions of the contract so the case can be filed in court for judgment.
Complete the review process by confirming the contract was signed and dated by a person authorised to contract. You can review the contract yourself or hire an attorney to review it on your behalf.
Show how the contract was breached and demonstrate that a clear negligence took place or the terms of the contract were purposely ignored.
Show that you suffered damages as a result of the breach of contract. Document the financial losses that resulted from the breach of contract and provide written statements and/or evidence of these financial losses. Provide expert testimony if applicable.
File a petition in the defendant's home state or the state where the contract was signed. File the petition in civil court. It is not necessary to file a petition with or without an attorney; however, determining jurisdiction and venue for a breach of contract case can be challenging. Attorney fees and filing fees vary.
Make the necessary number of copies required by your state of the Civil Case Cover Sheet, Complaint and Causes of Action and Summons. Complete and also attach proof of service and Causes of Action form. Form numbers vary by state.
Serve the defendant through Substitute or Business Service, mail service or service by publication, depending upon which is offered in your state. The defendant will be served with court papers and asked to appear in court on the assigned court date.
Always maintain proper records before entering into any contract.
This article should not be viewed as legal advice.
Tips and warnings
- Always maintain proper records before entering into any contract.
- This article should not be viewed as legal advice.