The Process of Filing a Civil Lawsuit for Breach of Contract
When a contract is broken, the resulting damage can range from minor inconveniences to major financial losses. For individuals and businesses in Missouri, the law provides a way to address these harms through the civil court system. Filing a civil lawsuit is often the last resort when negotiation or alternative dispute resolutions fail.
At Friederich Law Office, P.C., we’re here to guide you through the key steps involved in pursuing a civil lawsuit for breach of contract. With over four decades of combined experience, we’re a family-owned firm that will represent you aggressively in Raymore, Harrisonville, Butler County, Franklin County, St. Charles County, Warren County, and Cass County, Missouri. We also serve parts of Kansas. Read on to prepare yourself for the process of civil litigation.
What Is a Breach of Contract?
By definition, a contract is a legally enforceable agreement between two or more parties. It outlines each party’s rights and responsibilities. When one party fails to perform as promised, the failure is referred to as a breach of contract. This can take many forms, ranging from failing to pay for goods or services to missing deadlines.
To prove a breach of contract, you must establish several elements: the existence of a valid contract, the specific terms of that contract, the fact that one party didn’t fulfill those terms, and that the other party suffered damages. When breach disputes can’t be resolved informally, it may become necessary to file a formal lawsuit.
When Is Filing a Civil Lawsuit Appropriate?
Not every contract dispute ends in court. Many disputes are resolved through informal means, mediation, or arbitration, and clients often pursue these options before litigating. However, if these methods fail or aren’t feasible, a civil lawsuit lets you seek a formal remedy. Consider filing a civil lawsuit if:
The other party refuses to honor their obligations
You’ve suffered significant financial losses
The statute of limitations is approaching (in Missouri and Kansas, this is typically five years for written contracts)
You need the court to compel the other party to act or pay damages
Before filing a civil lawsuit, it’s important to evaluate whether your claim has merit and if pursuing legal action is the best solution. At Friederich Law Office, P.C., we guide you through your options and help you decide if litigation is the most effective way to resolve your contract dispute.
How Do You Gather Evidence and Review Your Contract?
A lawsuit is only as strong as the evidence behind it. The contract itself is your primary piece of evidence, so it’s crucial to have a clear and complete copy of the agreement, which the Courts will then interpret. Experienced attorneys, like our firm at Friedrich Law Office, P.C., make sure you’re fully prepared.
Related documents with potential importance include emails, letters, invoices, receipts, and notes about conversations with the other party. Proper documentation not only strengthens your civil lawsuit but also helps build a clear case for trial or settlement, depending on the specific situation.
Should You Attempt Resolution Before Litigation?
Before jumping into a civil lawsuit, it’s common practice to send a demand letter to the breaching party, outlining the breach, stating the damages incurred, and requesting a specific remedy. This formalizes your claim but also provides an opportunity for the other party to resolve the dispute without costly and time-consuming litigation.
Demand letters serve several purposes and show you made a good-faith effort to resolve the dispute without court intervention. Sometimes, this step alone motivates the other party to comply, saving you time and money. If the demand letter doesn’t lead to resolution, then filing a civil lawsuit becomes the logical next step.
Where and How Do You File?
When you decide to file a civil lawsuit for breach of contract, choosing the right court depends on the nature of your claim. Different courts handle different types of cases, and choosing the appropriate venue assures that your case is heard efficiently. This decision can affect the timeline and procedures involved in your lawsuit.
Your lawsuit begins with a carefully drafted formal complaint. The complaint explains the legal basis, describes the breach, and states the relief you’re seeking. After filing, the court issues a summons, and the complaint must be formally served to the defendant to make sure they’re properly informed of the lawsuit.
What Is the Defendant’s Response Process?
Once served, the defendant has a limited time to respond with an answer. This response is critical because it frames the issues that will be addressed throughout the lawsuit. They can admit or deny your allegations and present any defenses or counterclaims, and this response sets the stage for the next phase of the lawsuit.
Discovery then begins, allowing both parties to exchange information relevant to the case. This phase can include written questions, document requests, depositions, and admissions, making it one of the longest and most detailed parts of the process. This will prepare both parties for trial or settlement negotiations.
When Do You Consider Settlement and Mediation?
Most breach of contract cases settle before trial, thereby avoiding the costs, delays, and uncertainties of litigation. Courts often encourage mediation, a process where a neutral third party facilitates negotiation between disputing parties. This approach can help to preserve relationships that might otherwise be damaged by a contentious trial.
Mediation can be particularly effective in contract disputes, as it allows for creative solutions outside of rigid court rulings. Your attorney will continuously explore potential settlements to save you time and resources. A well-negotiated settlement can often achieve a more satisfactory outcome than a court judgment.
What Can You Expect During Trial and Judgment in a Breach of Contract Case?
If settlement attempts fail, the case proceeds to trial. At trial, both parties present evidence, examine witnesses, and argue their positions before the court. The judge or jury then determines whether a breach occurred and what type of remedy should be awarded. Trials can vary in length depending on the circumstances.
To win a civil lawsuit, the plaintiff must prove their case by a “preponderance of the evidence,” meaning it’s more likely than not that the breach occurred and caused harm. If successful, the court will issue a judgment in favor of the plaintiff. Once issued, a judgment becomes a legally binding and enforceable decision.
What Happens After You Win a Civil Lawsuit for Breach of Contract?
Obtaining a favorable judgment is a major accomplishment, but collecting can be a separate challenge. If the defendant doesn’t comply voluntarily, enforcement actions may be necessary to secure payment or performance. Legal tools like wage garnishment, bank levies, or property liens can be implemented as necessary.
Timing and contract terms are also important legal considerations. Most civil lawsuits for breach of contract must be filed within a set time frame, which varies by jurisdiction. Contracts often include clauses about attorney fees, arbitration, or where a lawsuit must be filed, which can significantly impact your strategy.
How Does an Attorney Manage Your Civil Lawsuit?
Managing the intricacies of a civil lawsuit for breach of contract can be overwhelming without professional guidance: nuanced rules, deadlines, and court procedures require professional knowledge. A lawyer can help evaluate your claim, gather evidence, draft legal documents, and advocate for you in negotiations or the courtroom.
Having legal representation also means you’ll understand the risks, possible outcomes, and strategic options available. With in-depth knowledge of local laws and courtroom practices, our firm works to protect your interests and help you pursue a resolution.
Reach Out to an Attorney
If you’re involved in a breach of contract, choosing the right legal firm can protect your rights and achieve the desired outcome. At Friedrich Law Office, LLC, we offer dedicated, personalized, aggressive representation across Raymore, Harrisonville, Butler County, Franklin County, St. Charles County, Warren County, and Cass County, Missouri. We also serve parts of Kansas. Contact us today for high-quality legal support.