A contract is an agreement whereby two or more parties work together. However, if one fails to fulfill the requirements, there is a contract breach. Therefore, the person who fails to follow the agreement will pay the consequences. You can only file a breach of contract if there is an agreement between the parties.
Steps to file a breach of contract: The three essential elements
If you want to file a breach of contract, you need to determine whether it has the three essential elements; otherwise, the warranty will be void.
The three essential elements are Offer, Acceptance, and Consideration.
1. Offer
It is the first step to entering into a contract. An offer occurs when a promise, undertaking, or commitment communicate between the offeror and the offeree.
2. Acceptance
The offeree must accept the offer.
3. Consideration
For there to be a consideration, there must be:
- A bargained-for-exchange
- A detriment to the promisee
Following are some guidelines that you must follow:
- First, determine whether you have a contract. i.e., the contract includes the Offer, Acceptance, and Consideration.
- Check the court rules.
For most contracts, an oral agreement will be enough to form a contract; writing is not necessary. However, a written contract can be essential to present as evidence in court.
- Going to court is costly; before you want to go to court, try to settle the case out of court.
- Decide where to file: If you really want to file the lawsuit, you must file in the proper county.
Property contract: Should be filed in the county where the property is located.
Business contract: Should be filed in the county where the business is located or business office or where the lawsuit arose, or any county where a co-defendant of the corporation may be sued.
Debt/collection/loan contract: Should be filed in the county where the contract was made.
File a petition
Once you have decided to file a breach of contract against a person in a particular county or state, you must file a suit with the court clerk.
If the claim amount is small, you can file in the small claims court. You can make small claims without the help of a lawyer.
However, you need to fill out the court clerk’s appropriate form. You must fill out the form correctly and file it with the court.
On the other hand, if the claim is more than $ 10000, you need to write out your petition and summon.
It is advisable to hire a lawyer to avoid any mistakes. A lawyer will complete your work in order, help you understand the process and your chances of winning the case, and do all the paperwork for you in return for some service fee.
Once you finish the petition, you must serve the defendant in person, by mail, or through publications. You have to make the publication once every week for three weeks. If the defendant does not respond within the stipulated time, the case is yours, as you will win.
Call to Action
It is of utmost importance that whenever there is any legal procedure, you must hire an experienced lawyer.
He will guide you through the entire process and ensure everything is in order.
