Has a counterparty to an agreement failed to fulfill the promises they made to you? If so, you might pursue legal action to obtain compensation or other relief from a breach of contract. But how can an attorney help you pursue a breach of contract claim in Minnesota?
Initial Case Evaluation
First, an attorney representing a client in a breach of contract matter will conduct an initial case evaluation and investigation to understand the details of the dispute and determine the strength of their client’s position. The first assessment will involve reviewing the contract (for a written agreement) or correspondence between the parties (for an oral agreement) to understand the terms of the parties’ agreement.
An attorney will also research applicable laws to determine whether a breach has occurred and what remedies the non-breaching party can pursue, such as financial compensation, rescission of the contract, or specific performance. They may also conduct a more thorough investigation, including interviewing witnesses and gathering relevant documents.
Pre-Litigation Strategy
After building a comprehensive case in support of a client’s position, an attorney may send a demand letter to the opposing party. A demand letter will lay out the facts and evidence in the client’s case and request a specific resolution to the case, such as an amount of money for settlement. Parties may engage in pre-litigation efforts to resolve a breach of contract claim, such as settlement negotiations, mediation, or arbitration. An attorney can negotiate on their client’s behalf or advocate for their case during alternative dispute resolution.
Filing a Lawsuit
In some cases, a party that alleges a breach of contract may have to file a lawsuit in a Minnesota court. An attorney can draft a complaint or answer for a breach of contract lawsuit. The party asserting the breach of contract claim may have options for the venue for their case, including filing in Minnesota state district courts, the Minnesota Conciliation (small claims) Court for cases involving less than $20,000, or potentially federal district court for cases involving parties from different states and claims worth $75,000 or more.
Pre-Trial Litigation and Court Representation
An attorney can handle all the aspects of pre-trial litigation in a breach of contract lawsuit, including filing pleadings and preliminary motions (such as motions to dismiss or for judgment on the pleadings), discovery (the exchange of evidence and deposition of witnesses), and pre-trial motions (such as motions to exclude evidence or for summary judgment). Attorneys will also continue negotiating on their client’s behalf to obtain a fair and favorable settlement that avoids trial.
However, a lawyer will also prepare their client’s case for trial, organizing evidence and witnesses to tell the client’s side of the story and prove a breach of contract and resulting losses or assert defenses to the breach of contract claim.
Enforcing Judgments and Post-Trial Actions
An attorney can help a claimant who wins a breach of contract lawsuit enforce their judgment, including by domesticating judgments in other jurisdictions and pursuing collection actions like liens or garnishments. However, when a party disagrees with some aspect of the trial that occurred due to an error by the trial court, an attorney can help the party pursue an appeal of the case’s outcome to the appellate courts.
Contact a Contract Litigation Attorney Today
If another party has breached their contractual obligations to you, you may have the right to seek financial recovery and other relief in a breach of contract action. Contact Jaspers, Moriarty & Wetherille, P.A., today for a confidential consultation with a contract litigation lawyer to learn how our firm can help you handle a breach of contract case in Minnesota.