There are simple but very important steps you need to follow when someone you are doing business with is in breach of contract. Your first task is to consult a breach of contract lawyers San Diego with your complaint and filing a suit. If you are the person filing the suit you become the plaintiff and the other party becomes the defendant.
A breach of contract lawyer San Diego knows everything to do with the contract law, rules of evidence and rules of procedure. While you may somehow understand the laws and rules it makes it easier if you ask a contract lawyer to file the lawsuit. This is because of the complexity of the law. It is always in order for you to look for a small business lawyer so you can avoid making unnecessary mistakes.
However, there are people who choose not to hire a contract lawyer San Diego; if you choose to go this way; you will have to do a great amount of research regarding breach of contract lawsuits. You need to clearly understand whether what you have was a valid contract and whether the contract was violated in any way in addition to what legal remedies should be requested.
Your research should also bring about information on whether the defendant is likely to contest and what counter claims they are likely to bring against you. This will be determines by the on the facts of the particular situation. A counterclaim refers to a suit against you where you are also required to put up a defense against those claims.
If you avoid using a contract lawyer San Diego, you are expected to research on the rules of civil procedure and the local court rules. These are areas that tell you about the deadlines that exist regarding the submission of court documents that include motions, the way documents need to be formatted as well as how to conduct discovery.
A motion is a document that asks a court to enter an order or a ruling on the breach of contract case so that a defendant can be compelled to surrender copies of some documents. The discovery is a process through which you are allowed to get information from the opposing party in any lawsuit.
The easier way is to consult a breach of contract lawyer San Diego. They will be apt to help you prepare your plaint. This is a document that contains your claims against the defendant. These claims are your version of the facts as you know them about the breach of contract. A good breach of contract lawyer San Diego will help you prove your claims for you to have a chance of winning the case you have filed.