Should You Initiate Legal Proceedings for a Breach of Contract in Federal Court?
Being on the other end of a breach of contract—i.e., the injured party—is not a pleasant experience, to say the least. If you have suffered significant material or other business losses, filing a lawsuit for a breach of contract in federal court or another venue might be the only solution.
Unless your contract states where exactly you must file a claim in case of a breach, you can file it in various courts, including the following:
|State Court||Federal Court|
|You could file a breach of contract claim in state court:
||You can file a claim in federal court in case:
Keep in mind that, while you can file a claim in different courts, some jurisdiction laws might have more favorable conditions. You should also consider the fact that filing a lawsuit for a breach of contract in federal court is often more complex, expensive, and time-consuming than a state court action.
While litigation in federal court can be lengthy and complicated, preparing a complaint for this court is the same as for state court. Your complaint needs to state the following:
- Facts of the case
- Terms of the agreement
- Obligations you and the breaching party have performed
- Contractual terms that have not been fulfilled, i.e., what caused the breach
To draw up a federal breach of contract complaint, you should either:
- Hire an experienced lawyer—Make sure you are familiar with the attorney’s fees to avoid any unpleasant surprises and delays
- Do it yourself—Most courts offer Pro Se forms that you can either download or get at the clerk’s office and fill out on your own
If you opt for the latter option, you should:
- Keep in mind that your complaint must comply with state laws
- Determine the statute of limitations has not expired
- Confirm all elements for a breach of contract
The following table presents what your breach of contract complaint should contain:
|What To Include||Details|
|Breach of contract elements||Your complaint should prove the following elements:
|Information about contractual parties||You should describe the following in your complaint:
|Explanation and estimation of suffered damages||You should list and explain any damages you have suffered in terms of:
If you have not experienced any financial losses, you should provide a detailed explanation and estimation of any harm and damages the breach has caused you
Since litigation can cost you time, money, and nerves, you might want to try to negotiate with the breaching party before taking them to court. You should also keep in mind that the other party can provide defenses that might prolong your process and make it more expensive.
If you would like to resolve the dispute without judges and expensive lawyers, you should:
- Specify all case facts—It serves both as a reminder for the breaching party and proof for the court that you have tried to resolve the dispute
- Propose a solution to the issue—You should be the one to offer new terms or deadlines since the breaching party needs to compensate you for the suffered losses
- Prepare a breach of contract demand letter—To create a valid demand letter, you need to ensure that it includes all significant elements and complies with state laws
To draw up a demand letter, you do not have to waste time, energy, or money on finding:
- An attorney or collection agency as their services can be extremely costly
- A template that might not be appropriate for your specific circumstances
Our AI-powered app is familiar with all applicable regulations and can help you create many legal documents, including a breach of contract demand letter.
To get an airtight demand letter, subscribe to DoNotPay and:
- Locate the Client Breach of Contract product
- Provide answers to our chatbot’s questions regarding the other party and the agreement
- Choose the payment deadline
- Describe the services that have been performed
- Upload files or photographs that could serve as evidence, if available
If the breaching party is not willing to meet with you and negotiate alone or with the help of a mediator, DoNotPay can help you file a claim in small claims court.
The business world is extremely competitive—that is why it is always good to have some extra capital set aside when you need to invest in your company. You can leave the bureaucratic task to us—DoNotPay will draw up business loan request letters in your stead.
If your finances are taking a hit, rely on our app. With our assistance, you will be able to:
- Fight fraudulent chargebacks
- Remove fake negative reviews online
- Register and protect your trademark
- Send mail and faxes at no additional cost
- Handle clients breaching contracts and get what you are owed
Whatever the task at hand, our AI-powered app will see it through successfully.
You cannot escape bureaucracy in business. What you can do is let DoNotPay deal with it. Whether you need to register a DMCA agent or complete an Employer Identification Number (EIN) registration, our app will lead the way.
Using DoNotPay, you will also not have to worry about 83(b) election forms or Privacy Shield self-certification. From generating to filing important documents and from dealing with employees to handling clients on your behalf, our AI-driven app is your go-to solution.
Grow and protect your business with the world’s first robot lawyer!