How Do I File a Claim For Breach Of Contract In Oklahoma

Filing a breach of contract lawsuit in Oklahoma happens for many reasons. From unpaid loans you’ve made to someone to construction contracts, breach of contract cases can take many forms and result from many different disputes. When you are considering a breach of contract claim there are many things that you should consider and understanding the elements of a potential case will better serve your interests and get you better results. Here’s a general guide to help you navigate the process:

Evaluate the Contract

Make sure you have a valid breach of the contract. This means there must be a clear agreement between you and the other party, and the other party must have failed to fulfill their obligations under that agreement. On the face of the contract there should be a clear meeting of the minds between to parties to any contract. This means there must a be an iron clad offer to contract and an acceptance of the contract by the other party. The terms must be clear so its easy to understand the expectations of each party and what a breach of the contract looks like.

Understand the Terms Of The Contract

Understanding the terms of the contract seems easy but I can assure you its overlooked by many parties to a contract. Understanding the terms involves clauses that relate to disputes or how disputes will resolve in the event of a disagreement as to terms. This can include things related to arbitration and mediation or choice of law as it relates to what State law applies if the case ends up in litigation. These clauses may specify procedures you need to follow before initiating legal action.

Take The Time To Attempt Resolution

Consider sending a formal demand or cease and desist letter to the other party outlining the breach and requesting a resolution. Sometimes, a simple communication can resolve the issue without the need for litigation. Once the other side realizes that you are not happy and that you are ready to file a claim you might resolve the dispute. Given the cost of litigation in a contract dispute case, you can’t go wrong trying to settle it. Over the years I have seen sides to a dispute that when we started were polar opposites in their positions. But, with some effort a resolution is possible saving both parties thousands of dollars.

Prepare Your Case For Litigation

Gather all relevant documents, such as the contract itself, communications related to the breach, evidence of damages, and any other supporting materials. Any and all communications that you have with the other party can be helpful. If possible document things with video and pictures if they are helpful to your case. Preparation wins a contract dispute so don’t leave any potential piece of evidence that supports your case unavailable to you as you advance you claim.

File the Breach Of Contract Lawsuit

To initiate the lawsuit, you will need to file a complaint with the appropriate court. In Oklahoma, this is typically done in the district court of the county where either you or the other party resides or where the contract was signed or performed. In this petition for a breach of contract you must be ready to plead specific facts that lead to your claim. Your business law attorney will have plenty of experience in this area and will draft a pleading that asks for damages and are based in your cause of action.

Proceed with Litigation

Once the defendant has been served, the litigation process begins. This may involve pre-trial motions, discovery (the exchange of information between parties), settlement negotiations, and ultimately, a trial if the case doesn’t resolve earlier.

1. Attend Court Hearings: Prepare to attend any scheduled court hearings or conferences related to your case and follow any orders issued by the court.
2. Obtain Judgment: If the court rules in your favor, it will issue a judgment specifying the damages or other remedies you have entitlement to receive.

Remember that the legal process can be complex, and it’s essential to follow all relevant laws and procedures carefully. Consider seeking professional legal assistance to ensure the protection of your rights and to maximize your chances of success.

Get a Tulsa Breach Of Contract Attorney In Your Corner

When you’ve been ripped off by someone in a contract dispute the road to resolution isn’t always clear. Sometimes things can be resolved while other times litigation is the only option. This is where a experienced business law attorney will help you. Whether its mediation and arbitration or a full out trial you need we understand the terrain and can get you results that matter. Get a Free and confidential consultation with one of our Tulsa business lawyers at Kania Law Office by calling 918.743.2233 or send me an an email question by clicking this link.