The Essential Info About the Breach of Contract Lawsuit

Breach of Contract The Essential Info About the Breach of Contract Lawsuit

Breach of Contract Lawsuit—Everything You Should Know in One Place

Contractual breaches are not uncommon in the business world, and you should be informed on what to do in such situations. The party who broke the agreement should suffer appropriate consequences since they are causing setbacks and losses for the other party.

DoNotPay can explain when you should file a breach of contract lawsuit and help you create a demand letter before you initiate the procedure.

Can You Sue for Breach of Contract? Learn About the Requirements

You have the right to sue for a breach of contract if you meet the particular requirements. The judge will consider the following:


  • Whether the contract is valid
  • If any changes were made after the signing
  • If the breach was material
  • The damages you are asking for
  • What requirements are listed in the contract

When Should You Consider Suing for Breach of Contract?

A rule you should be aware of when considering to sue someone for breach of contract refers to the Statute of Limitations. These laws set the deadline within which a lawsuit or claim can be filed. The deadlines depend on the:

  • Circumstances of the case
  • Type of case
  • Your state
  • Place where the suit or claim is filed (federal or state court).

Do You Have Grounds for a Lawsuit if You Have an Oral Contract and Not a Written One?

It is possible to file a lawsuit if you have an oral agreement, but it will be more difficult to prove the violation. In some states, you must have a written document to sue for breach of contract.

Most states have a law called the Statute of Frauds determining what contract must be in a written form to be legally enforceable. The following agreements should not be oral:

  • Real estate sales
  • Any contract that includes a specific amount of money determined by the state
  • Arrangements to pay another individual’s debt
  • A property lease for more than a year
  • Any agreement that takes more than a year to complete
  • Deals that continue after one party dies
  • Contracts that include the transfer of property when one party passes away

If you need help taking the other party to small claims court, you should turn to DoNotPay.

How To File a Breach of Contract Lawsuit With DoNotPay

If the situation escalates, and you have no other choice but to file a lawsuit for a breach of contract, DoNotPay can help. You will be safe in DoNotPay’s award-winning hands—we received the Louis M. Brown Award for Legal Access in 2020.

Using our app will boost your chances of winning the case because we will prepare you for your court appearance. DoNotPay will:

  1. Gather necessary paperwork for the lawsuit
  2. Fill out all the required court forms
  3. File the complaint on your behalf
  4. Make a script with persuasive arguments for your hearing

Before you resort to potentially lengthy legal procedures, you should create a breach of contract demand letter and try to resolve the issue out of court. If you want to save time and receive a rock-solid document at an affordable price, you should turn to DoNotPay for help.

Compose a Breach of Contract Demand Letter With DoNotPay

To avoid suing your client in small claims court, you can draft a demand letter and send it to them. This legal document must contain the necessary information about the breach of contract elements and is tricky to compose. Online templates are usually inappropriate because the letter needs to be case-specific.

If you lack the legal knowledge to handle this delicate task, let DoNotPay take over. These are the only instructions to follow:

  1. Sign up for DoNotPay
  2. Choose the Client Breach of Contract product
  3. Answer some questions about the client and the agreement you had
  4. Include a payment deadline for the client
  5. Add photos as evidence if you have any

We will help you tackle various related issues, such as the affirmative defenses to breach of contract and more.

If you would like to learn about the state-specific breach of contract rules, check out our practical guides in the table below:

Georgia Michigan Pennsylvania
Colorado New York Illinois
Virginia New Jersey Ohio
Delaware Arizona California
South Carolina North Carolina Florida

What Happens if You Successfully Sue for Breach of Contract?

If you win a breach-of-contract lawsuit, you are entitled to one of the following legal remedies:

  • Compensatory damages include payment by the breaching party
  • Nominal damages award small amounts of money when a breach occurred if there was no actual financial loss for the suing party
  • Liquidated damages include a reasonable estimate of actual damages that result from a breach of contract
  • Specific performance requires the breaching party to complete a task in a specific period
  • Injunction obligates the breaching party to stop specific activities because of the breach
  • Rescission allows you to cancel the contract instead of seeking monetary damages

DoNotPay Helps You Do Everything by the Book!

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Running a Business Is Smooth Sailing With DoNotPay

DoNotPay has a solution for any business issue. We can help you:

  • Draw up a professional and convincing small business loan request letter and get the necessary funds for your business
  • Report unjustified negative reviews that could damage your brand until they are taken down
  • Request payment from clients who break the contract
  • Dispute chargeback requests when they are unfair
  • Send letters or paperwork without going to the post office

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