Consult a Sample Breach of Contract Complaint
If the party to the contract you have signed fails to fulfill their contractual obligations, you could sue them for the breach. In that case, you can find a sample breach of contract complaint to get familiar with all necessary aspects. Before taking legal action, you might want to consider other options as they could turn out to be less demanding and expensive.
This article provides information on the necessary elements you will need to prove at a court of law but also offers an effective way to reach an out-of-court settlement.
Steps To Take Before Filing a Complaint for Breach of Contract
If you have decided to sue for breach of contract, you need to prepare well for this complex and often lengthy process. Here is what you can do before initializing a lawsuit:
| Steps To Take | Details |
|---|---|
| Check the statute of limitations | If some time has passed since the breach occurred, you need to determine what the statute of limitations is:
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| Check the type of breach | In some states, you are allowed to file a claim in case of specific breach types only. A material breach is a common breach type for which you can:
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| Try to resolve the problem | As litigation is expensive and time-consuming—especially if the other party raises affirmative defenses—you might want to try to negotiate the settlement outside of court first by creating a breach of contract demand letter. The purpose of this letter is to:
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Breach of Contract Sample Complaint
To prepare well for what lies ahead if you decide to start a lawsuit, you could look for an online sample complaint for breach of contract.
While the form might differ from state to state, here is what a typical breach of contract complaint includes:
- Plaintiff's data—As the plaintiff, you need to provide your:
- Full name
- Street and email address
- Phone number
- Breaching party’s information—You should enter the defendant’s:
- First and last name
- Job or title
- Physical and email address
- Phone number
- Amount—You need to provide the exact figure the defendant owes you
- Statement of claim—You should present briefly and clearly:
- The facts proving that you are entitled to the damages or other remedies you seek
- The acts the defendant committed that caused you harm and led to the breach of contract
- Information about the agreement—This section should include the basics of the contract you have entered into with the defendant, including:
- The date
- The type of the contract, i.e., written or oral
- What each party agreed to do
- What the breaching party failed to do
- Remedy—You should list the damages or other remedies you are asking the court to order and include the:
- Amounts
- Reasons you are entitled to these damages
- Plaintiff’s signature—Insert the date of signing and printed name in this part
Do You Need To Hire an Attorney To File a Breach of Contract Complaint?
You do not have to hire a lawyer to prepare and file a complaint for a breach of contract. If you decide to do that after all, make sure you fill out an additional section of the complaint form, providing your attorney’s:
- Full name
- Bar number
- Name of the law firm
- Physical and email address
- Phone number
- Signature
To ensure you have the correct form, you could check if your local court provides them on their website or at the clerk’s office.
Settle the Dispute With a Demand Letter
You should keep in mind that no one wants to go to court and risk losing money on court and attorney’s fees and additional expenses litigation will incur. The breaching party might be more willing to negotiate and complete their side of the deal if you send them a demand letter first.
Use DoNotPay to make sure your letter covers all necessary points and uses an appropriate style.
DoNotPay Creates Airtight Demand Letters
There is no need for you to get familiar with state laws, pay for services of costly attorneys and collection agencies, or go through numerous unreliable online templates.
Our AI-powered app can help you prepare a reliable demand letter in a matter of minutes.
- Choose the Client Breach of Contract product
- Enter the data about the agreement and breaching party by answering our chatbot’s questions
- Indicate a new payment or delivery deadline
- Provide any documents that could support your claim (if available)
Once you enter the required information, DoNotPay generates a demand letter that:
- Complies with your state laws
- Fulfills the requirements of your specific situation
If the breaching party decides to ignore your letter or refuses to honor their commitments, we can also help you sue them in small claims court.
To get familiar with state-specific breach of contract laws, check out the guides from the table below:
| Georgia | Michigan | Pennsylvania |
|---|---|---|
| Colorado | New York | Illinois |
| Virginia | New Jersey | Ohio |
| Delaware | Arizona | California |
| South Carolina | North Carolina | Florida |
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