If you have a written contract, it may have included a clause requiring a breach of contract suit to be filed in a certain state court.


Written contracts also often include a statement, usually in the miscellaneous provisions at the end of the contract, that a particular state’s law must be used to interpret the contract. Usually you want to file your lawsuit in that state.
If the contract is silent about where you should file a suit, or if you don’t have a written contract, the state where you need to file typically will be the state where the other party lives or where the contract was signed.
If you could file in more than one state, you can pick the one that would be more convenient for you., States often have different court divisions for different types of cases, so you need to find the civil division that hears breach of contract cases.


Some states divide courts based on the amount of money at stake, or whether you’re requesting an equitable remedy such as a court order.
Check with the clerk of court or consider hiring an attorney if you can’t figure out which court has the authority to hear your case., The clerk’s office may have sample forms you can use as a guide to ensure you’re formatting everything correctly and have all the information you need. Different courts may require different documents.As with a claim in small claims court, your complaint needs to show that a contract existed between you and the person you are suing, that the person you’re suing broke that contract, and that you suffered losses as a result.You also need to detail precisely when the breach of contract occurred, or when you knew about it, to demonstrate that you filed your suit within the state’s statute of limitations.Apart from monetary damages, you can also ask the judge for “specific performance.” If you win your case, the judge would order the person you sue to do what they promised to do under the contract. This remedy usually is reserved for situations in which whatever was offered was so rare or unique that money isn’t enough to make things right., You’ll need a copy for the court, a copy for yourself, and a copy to be served on the person you’re suing.


If you’re suing more than one person, you’ll need copies for each of those people., The court you found to hear your case will have a clerk’s office, and you’ll file your summons and complaint there, along with any other required documents. #*When you file, you’ll have to pay a filing fee. The fee varies from state to state and also depends on the amount of money at stake in the lawsuit, but usually is between $100 and $300.The clerk will give you back stamped copies and tell you when your first court appearance is scheduled., You must have someone serve the documents on the person you’re suing. The clerk’s office will have a list of process servers in your area, and you can hire one of them for a fee.
Review the contract provisions on which state’s law applies and where disputes may be heard.
Find the right court to hear your case.
Draft your summons and complaint.
Make at least three copies of every document.
File your documents with the clerk of court.
Have the other side served.
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