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What are my options if I am being sued for breach of contract in Georgia?

Picture of Chris Battis By   ·  1 minute read

If you are being sued for breach of contract in Georgia, you have a few options available to you:

  1. Review the contract and your actions: Review the contract at issue and assess whether you actually breached it. If you did not breach the contract, then you may be able to defend against the claim. If you did breach the contract, it may be best to try to negotiate a settlement before the case goes to court.

  2. Hire an attorney: It is always advisable to hire an attorney to represent you if you are being sued. An attorney can review the lawsuit, assess your options, and provide advice on how to proceed. An attorney can also represent you in court and negotiate on your behalf.

  3. File a response to the lawsuit: If you are being sued, you must respond to the lawsuit within the specified time period, usually 30 days. Failure to respond can result in a default judgment against you. In your response, you will outline your defenses to the claim, including any counterclaims or affirmative defenses you may have.

  4. Consider mediation or arbitration: Mediation or arbitration can be a faster and less expensive alternative to litigation. Mediation involves a neutral third party who helps the parties negotiate a settlement, while arbitration involves a neutral third party who hears evidence and makes a decision on the case. If the contract at issue includes a mediation or arbitration clause, you may be required to follow that process.

  5. Prepare for trial: If your case goes to trial, you will need to prepare evidence and witnesses to support your defense. Your attorney can advise you on the best way to present your case, and can represent you in court.

Limitations and exceptions:

It is important to note that there may be limitations on your ability to defend against a breach of contract claim. For example, if the contract is governed by Georgia's statute of frauds, certain types of contracts must be in writing to be enforceable. Additionally, if the other party can show that you acted in bad faith or breached the contract intentionally, you may be liable for punitive damages.

Further action:

If you believe you have a valid legal defense to the breach of contract claim, you should consult with an attorney to determine the best strategy for defending against the claim. If you do not have a valid defense, it may be best to try to negotiate a settlement before the case goes to court.