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What is the process for filing a lawsuit for breach of contract in Illinois?

Picture of Chris Battis By   ·  1 minute read

To file a lawsuit for breach of contract in Illinois, the following steps must be taken:

  1. Determine if the contract is enforceable: In Illinois, a contract is enforceable only if it meets certain criteria. For example, the contract must be in writing and signed by both parties, or there must be evidence that both parties agreed to the terms. If the contract is not enforceable, then a lawsuit for breach of contract cannot be filed.
  2. Gather evidence: Before filing a lawsuit, it is important to gather evidence to support your claim of breach of contract. This may include emails, letters, invoices, or other documents that show that the other party failed to fulfill their obligations under the contract.
  3. Write a demand letter: In many cases, it is helpful to send a demand letter to the other party before filing a lawsuit. The letter should outline the breach of contract and demand that the other party fulfill their obligations. The letter should also provide a deadline for the other party to respond or risk legal action.
  4. File a complaint: If the other party does not respond to the demand letter or refuses to fulfill their obligations, then a complaint must be filed in court. The complaint should detail the breach of contract, the damages suffered by the plaintiff, and the relief sought. The complaint must be filed in the appropriate court in Illinois.
  5. Serve the defendant: Once the complaint is filed, the defendant must be served with a copy of the complaint and a summons to appear in court. The defendant will have a certain period of time to respond to the complaint.
  6. Attend court: After the defendant has responded to the complaint, the parties will attend court to present their arguments and evidence. It may be necessary to have witnesses testify to support your case. The judge will then make a decision based on the evidence presented.

It is important to note that there may be limitations on the amount of damages that can be recovered in a breach of contract lawsuit in Illinois. Additionally, the other party may have defenses that could reduce or eliminate your damages. It is always advisable to consult with a licensed attorney before filing a lawsuit for breach of contract in Illinois.