-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
How to sue for breach of contract?
Asked over 2 years ago - Chicago, IL
A friend and I have writtten contract that he owes be 15 thousand dollars. The contract states when and the amount he is to pay monthly. He has not honored the contract. He has only paid half the monthy amount or some months he didn't pay at all. How can I sue?
Attorney answers (3)
In addition to the very good advice above. You need to determine whether or not the person you are seeking the money from even has anything that could be used to pay you.
If the person whom you loaned the money is completely insolvent you may not want to spend the money necessary to sue for breach.
Finally, when doing your cost benefit analysis it is important to look at the court that you will have to file in. The larger the amount of damages the more expensive a matter is. If the amount is less than 10,000.00 it is a small claim and generally can be brought on your own. (though good luck collecting the judgment without an attorney's help). If the amount is in excess of 10k then in many jurisdictions it is required to be brough in a arbitration court which means you will have to arbitrate the issue prior to being allowed to bring the matter into a state court of law. I have yet to see a pro se litigant (no attorney) bring an arbitration action as they require a level of sophistication normally requiring professional assistance.
All of this must be tempered by your location. The rules in Cook county are far more complicated than other counties in Illinois.
The Illinois State bar Association have a lawyer finding service that can help you find representation if you desire.
Good Luck
If the person whom you loaned the money is completely insolvent you may not want to spend the money necessary to sue for breach.
Finally, when doing your cost benefit analysis it is important to look at the court that you will have to file in. The larger the amount of damages the more expensive a matter is. If the amount is less than 10,000.00 it is a small claim and generally can be brought on your own. (though good luck collecting the judgment without an attorney's help). If the amount is in excess of 10k then in many jurisdictions it is required to be brough in a arbitration court which means you will have to arbitrate the issue prior to being allowed to bring the matter into a state court of law. I have yet to see a pro se litigant (no attorney) bring an arbitration action as they require a level of sophistication normally requiring professional assistance.
All of this must be tempered by your location. The rules in Cook county are far more complicated than other counties in Illinois.
The Illinois State bar Association have a lawyer finding service that can help you find representation if you desire.
Good Luck
Honestly, you are best served by talking to an attorney to represent you. I know this isn't a very good answer in the sense of not being very informative, but representing yourself is generally a terrible idea and attorneys (often) are less expensive then you might think.
To answer your question; you would have to draft a complaint that complies with Illinois law, which requires fact pleading. You have to bring this Complaint, along with proper summons, exhibits, and what ever else the court may require to the proper Clerk's office, where the case will be filed, you then need to have the case served upon the Defendant, then go to court as many times as might be required until your case is tried, then you have to put on sufficient evidence, in accordance with the applicable rules of evidence, to prove your case.
Like I said, it's not easy.
To answer your question; you would have to draft a complaint that complies with Illinois law, which requires fact pleading. You have to bring this Complaint, along with proper summons, exhibits, and what ever else the court may require to the proper Clerk's office, where the case will be filed, you then need to have the case served upon the Defendant, then go to court as many times as might be required until your case is tried, then you have to put on sufficient evidence, in accordance with the applicable rules of evidence, to prove your case.
Like I said, it's not easy.
When deciding if you should sue someone there are two essential requirements. First, did the person who you think violated your rights have a duty to refrain from the activity that you think would form the basis of a suit or did they have a legal duty to do something and they did not do it. It is very difficult to determine the answer to that question based on the facts you list because it will depend on State law and possibly administrative law in your State and under Federal Law.
The second essential is where there compensable damages? Damages for which a Court can award you monetary awards or injunctive relief (order the other person to do something or stop doing something). If you have both of these elements you may sue.
However, lawsuits take a high degree of expertise and cost money. Many clients have come to me through the years and stated that the money did not matter to them, just the principal of the issue! When I tell them how much I and other lawyers charge by the hour it becomes obvious to them that the value of the lawsuit damages is very important.
You can seek out your lawyer referral service to seek counsel. There are agencies of the State and Federal Government you may want to contact. Talk to a lawyer before you decide to sue someone for expert legal advice!
Good Luck!
Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.
The second essential is where there compensable damages? Damages for which a Court can award you monetary awards or injunctive relief (order the other person to do something or stop doing something). If you have both of these elements you may sue.
However, lawsuits take a high degree of expertise and cost money. Many clients have come to me through the years and stated that the money did not matter to them, just the principal of the issue! When I tell them how much I and other lawyers charge by the hour it becomes obvious to them that the value of the lawsuit damages is very important.
You can seek out your lawyer referral service to seek counsel. There are agencies of the State and Federal Government you may want to contact. Talk to a lawyer before you decide to sue someone for expert legal advice!
Good Luck!
Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.
One or more answers have been taken down.
