Ultimately, if you are really sure that will win, then go ahead and file the lawsuit.
You must make sure that you have a good case before deciding to file a lawsuit. To figure this out, it is best to consult and hire an experienced attorney. The lawyer will determine whether your case is good or not by looking at what type of lawsuit it is, or “cause of action” as attorneys call it.
Lawyers look at the elements involved in the lawsuit to find out if it is a good case. These elements are:
Contract formation- You must have a legal binding contract with the other party. Written agreements are very helpful in winning lawsuits because they can prove any breach of contracts and other illegal actions done by the opposing party. If there are no written contracts, you must prove that you had an oral contract with the other party or there is an enforceable contract out of the condition.
Adhere to the Requirements- You have to prove that you did follow the agreements written in the contract. One example is by proving that you have indeed kept up with the payments diligently and cooperated.
Breach of Contract- In this element, you have to prove that the other party did not meet his or her part of the agreement as stated in the contract. You have to prove that the contractor did not perform work as agreed upon or their work is poorly done.
Resulted to Damages- You have to prove that their breach of contract lead to further damages, which made you suffer economic loss. For example, if they did not fix the roof as agreed upon in the rental agreement and your expensive technological gadgets got damaged, you may look into filing a lawsuit.
Is this the Last and Best Option?
Before filing a lawsuit right away, think about settling your dispute with the other party out of the court. Negotiate with your opponent to find out if you can come up with a compromise that can be beneficial to you. You can also look for a neutral third person to mediate for your discussions and come up with a solution agreeable for everyone.
Can Your Opponent Pay?
Even if you win and the opponent agrees to pay what they owe you; as long as they don’t have the money to pay, they still can’t pay. And there is nothing much that the court can do for you in this case. If your opponent has assets and investments, it would be easy to go after them to collect their payment. You can ask the law enforcers to garnish their income for you. In certain states, you can also apply for the judge to suspend the license of the contractor or businessmen who you are suing.
If you can’t be sure that you can collect payment from your opponent, it wouldn’t be wise to file a lawsuit, because it won’t be fruitful. Hire an attorney to make sure you make the right decisions.