Statute of Limitations for a Breach of Contract Explained by DoNotPay
When a breach of contract occurs, you need to act quickly and wisely. A statute of limitations for a breach of contract states how much time you have to file a lawsuit. DoNotPay will present the deadlines and requirements across the country and help you solve the dispute by creating and sending a professionally drafted breach of contract demand letter.
A statute of limitations is a limited period during which you can file a lawsuit for different legal claims. If you miss this deadline, your claim will be time-barred and dismissed. The set period differs from one state to another and depends on whether the contract is oral or written.
In most cases, the statute of limitations starts running on the day the breach occurs and not when the party becomes aware of it.
The statute of limitations can be suspended or tolled under certain circumstances. The most common reasons include the defendant being:
- A minor
- Out of state
- In prison
The statute of limitations starts running again when the defendant turns 18, gets back to the state, gets out of prison, or is declared sane.
The deadline for initiating a lawsuit is different in each state. The following table contains specific details:
|Statute of Limitations for a Written Agreement||State||Statute of Limitations for an Oral Agreement||State|
|Six years||Six years||
|Four years||Four years||
|Two years||/||Two years||California|
DoNotPay can help you take the breaching party to small claims court and get the leverage for winning the case. We have the expertise and experience in handling legal matters and were honored with the Louis M. Brown Award for Legal Access in 2020 for our achievements.
DoNotPay can help you:
- Gather the essential paperwork
- Fill out the necessary court forms
We will also create a script with persuasive arguments for your court hearing. You can check out our guide to possible defenses the defendant can use to be fully prepared. Filing the complaint in your stead is another task we will gladly tackle.
Before you file a lawsuit, you will need to prove the elements of breach-of-contract, including:
- The existence of a valid breach
- The defendant causing a material breach
- You suffering losses because of the defendant’s actions
You can demand compensation for a breach of contract in several ways, but not all will yield the same results. The first step is to send a demand letter to the violating party to let them know how the breach affected you and what you expect them to do. Take a look at the table below to evaluate your options:
|Demand Compensation By||Explanation|
|Creating the demand letter yourself||This option is reserved only for individuals who possess the required legal knowledge. Using free online demand letter templates will not get you the necessary results because they are not case-specific|
|Hiring a lawyer||This is a better solution since someone with legal experience will handle the task. The issue with hiring a lawyer is the cost|
|Hiring a collection agency||This option is also effective but expensive|
|Using DoNotPay||The best choice is to use DoNotPay. Our app will handle the task at an affordable price|
Do you want to have an airtight demand letter? You should look no further than DoNotPay. Our app will handle the entire process expertly, and you only need to complete a few simple steps:
- Sign up for DoNotPay
- Choose our Client Breach of Contract product
- Provide us with specific information about the client and your contract
- Include a payment deadline for the client
- Upload photographic evidence (if you have it)
Check out our guides to creating state-specific demand letters in the table below:
|South Carolina||North Carolina||Florida|
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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
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