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  • Demand Letters for Breach of Contract

    When you are involved in a breach of contract case, the first step is often to send a demand letter. Demand letters formally notify the other party that they have violated the terms of the agreement, and it is also your opportunity to start negotiations. Learning how to write a demand letter that gets results can make all the difference in your case. In this blog post, we will discuss everything you need to know about demand letters for breach of contract. We will cover what should be included in the letter and some tips on how to ensure it is effective. So, if you are gearing up for a breach of contract lawsuit, keep reading for everything you need to know about writing a winning demand letter. What is a breach of contract? A breach of contract occurs when one or both parties fail to fulfill the terms and conditions of a contract (even an informal verbal agreement is a contract). A breach can be either material or non-material, depending on the seriousness of the breach. Material breaches occur when an essential part of the agreement is not fulfilled, while non-material breaches are less serious and involve minor violations. What is a demand letter or a letter demanding payment? A demand letter or a letter demanding payment is a formal notice sent to the party responsible for the breach of contract. It outlines the details of the breach and informs them that if they fail to take corrective action, legal action may be taken against them. A demand letter serves as an ultimatum and puts pressure on the breaching party to resolve the issue at hand. Common Types of Breach of Contract Demand Letters You let someone borrow money and were not repaid as expected. You paid for a product, but it does not work, or it was never received. You sold a product but did not get paid. You completed a service or did work but did not get paid. You paid for a service, but it was not completed. The other party did not pay housing rent payments in full. The property owner did not return the security deposit as expected. How to Write a Breach of Contract Demand Letter To be effective, a demand letter should include the following information: Details of the breach – including specific dates and details of how the breaching party failed to fulfill their obligations. Amounts owed – include any costs that have been incurred because of the breach such as lawyer's fees or other expenses. For an in-depth walk-through, check out 10 Steps to a Strong Demand Letter. How to Send the Demand Letter In most cases, the demand letter should be served either through registered mail or in person. To see more options, read 5 Ways to Send a Demand Letter. If it is sent by mail, you will need to provide proof of delivery and have your signature notarized. If served in person, a witness should be present to verify that the letter was delivered properly. Once the demand letter has been served, the breaching party has a certain amount of time to respond, usually 30-60 days. FAQ Demand letters are often effective in getting what they want without going to court. Sometimes a demand letter is also required before you file a case in small claims court. Get started on your professional demand letter now! NEED HELP WITH YOUR JUSTICE JOURNEY? The quest for justice is never easy, particularly when it comes to getting your money back. However, thanks to advances in technology, it has become easier. Quest for Justice’s first app, JusticeDirect, is the only app of its kind designed to support people without lawyers resolve their dispute and get their money back, both in and out of court. The first step to getting money back is through a letter demanding payment from the other party JusticeDirect offers customizable demand letters for free. If the letter demanding payment does not work, then the next step is taking them to court. JusticeDirect* will guide users every step of the way through the small claims court process by helping them: Understand the legal process; Evaluate the pros and cons that come with taking someone to court; Generate small claims court forms; and, Avoid common mistakes when filing your forms and serving notice on the other side. *Currently, JusticeDirect can only help litigants sue in California’s small claims court.

  • How to File a Small Claims Countersuit

    If you think the person suing you ("the Plaintiff") owes you money instead, you can file a countersuit (also known as a defendant’s claim, or counterclaim). This will ask the court to hear both claims on the original hearing date. Take action, get started on JusticeDirect.com Before Your Small Claims Countersuit You can only file a Defendant's claim against those who are suing you. For example: if you were sued only by the owner of a car over a car accident you were in (and not by the driver of that car), then you could file a defendant's claim against the owner but not against the driver. If you want to sue the Plaintiff as part of the claim they filed against you, you have to meet the requirements for the same court. For example: if a plaintiff is suing you in a California small claims court (only for disputes under $10,000 in damages) then your countersuit must also be in small claims court. That means that you cannot ask for more than $10,000 in your claim. If you are a business or other entity, such as a government entity, you cannot ask for more than $5,000. You cannot have a lawyer represent you in small claims court, but you can talk to a lawyer before and/or after your court trial. If what you want from the other party does not meet the requirements of the same court you were sued in, then you will need to start a new case instead of a countersuit. Prepare, file, and then serve your defendant's claim. Fill out your court forms to file your countersuit against the Plaintiff: You must fill out and file Defendant's Claim and ORDER to Go to Small Claims Court (Form SC-120) If there are more than 2 plaintiffs or 2 defendants, also fill out Other Plaintiffs or Defendants (Attachment to Defendant's Claim and ORDER to Go to Small Claims Court) (Form SC-120A) If you need more space to describe your claim and what happened, or you need to include witness statements, fill out a Declaration (Form MC-030) If you are a business, you may also have to fill out a Fictitious Business Name (Small Claims) (Form SC-103) After you fill out your forms: File your forms at the court where the Plaintiff's claim was originally filed. You may do this in person, by mail, or online. Check with the court where the Plaintiff's claim was originally filed to see what filing options you may have. After filing your forms: “Serve” your forms to the other party. You may do this using a process server, the County's sheriff, or a person of your choosing who is not part of the case. If you received a copy of the Plaintiff's Claim more than 10 days before the trial date, you must serve the plaintiff at least 5 days before the hearing. If you received a copy of the Plaintiff's Claim 10 days or fewer before the trial date, you must serve the plaintiff at least 1 day before the hearing. The process server must file the Proof of Service (Form SC-104) with the court prior to the hearing. Take action, get started on JusticeDirect.com NEED HELP WITH YOUR JUSTICE JOURNEY? The quest for justice is never easy, particularly when it comes to getting your money back. However, thanks to advances in technology, it has become easier. Quest for Justice’s first app, JusticeDirect, is the only app of its kind designed to support people without lawyers resolve their dispute and get their money back, both in and out of court. The first step to getting money back is through a letter demanding payment from the other party JusticeDirect offers customizable demand letters for free. If the letter demanding payment does not work, then the next step is taking them to court. JusticeDirect* will guide users every step of the way through the small claims court process by helping them: Understand the legal process; Evaluate the pros and cons that come with taking someone to court; Generate small claims court forms; and, Avoid common mistakes when filing your forms and serving notice on the other side. *Currently, JusticeDirect can only help litigants sue in California’s small claims court.

  • How to Request for Dismissal After Filing | California

    At any point in time throughout your case, you can decide to dismiss it. Dismissing the case means neither party needs to show up for court and the court will no longer hear your case. Reasons to Request for Dismissal You can’t find the defendant to serve them, so you ask the court to dismiss the case, giving you time to locate the defendant for service. Depending on where you live, there are different time limits for how long you have to serve the defendant. Maybe you settled the case with the defendant, and no longer need to go to trial. You might have changed your mind and no longer want to sue the defendant. Formally File for Dismissal Unfortunately, you can’t just call the courthouse and tell them to cancel the lawsuit. The court will have a specific procedure for you to follow, most likely by filing a local document. For example, in California you would file and serve a CIV-110 Request for Dismissal Form. Contact your courthouse to see what form is needed to dismiss your case. If the other party has filed a response in the case, you cannot dismiss it without them agreeing to the dismissal. If the other party has not filed a response in the case, you can request to dismiss the case without the other party’s approval. Miss Your Court Date* If you don’t show up to court on your trial date, the court will dismiss the case on its own. However, it is considerate to the court to dismiss the case ahead of time, as courts are busy with large caseloads. While your case may no longer be important to you, there are many other people who need that judge’s time that day. Dismissing your case after filing, but prior to trial, gives the court more time to address its remaining caseload. *Missing your court date is not without risk, however. If you as the plaintiff don't appear at the hearing, and don't notify the court of the reason for the absence, the court has several options. The judge may: Reschedule the case Dismiss the case with prejudice Dismiss the case without prejudice If the defendant appears, the judge may enter a judgment against you after considering the defendant's evidence. Types of Dismissal There are two different ways a case can be dismissed: with and without prejudice. Dismiss with Prejudice Dismissing a case with prejudice means you cannot file it again. This would be the right option for you if you decided you no longer want to sue the defendant. Dismiss without Prejudice If you dismiss a case without prejudice you can file the case again. This would be the right option if you need more time to locate the defendant to serve them. Keep in mind that you are still bound by the statute of limitations to bring your case again—so even if you get more time to sue, you still have a time limit. When you’re ready to dismiss your case, file three copies of the dismissal document for your particular courthouse. This way the court can keep one copy, you can keep one copy, and you can mail a copy to the defendant. Most likely, your state’s courthouse will require you to serve a copy of the dismissal on the defendant. NEED HELP WITH YOUR JUSTICE JOURNEY? The quest for justice is never easy, particularly when it comes to getting your money back. However, thanks to advances in technology, it has become easier. Quest for Justice’s first app, JusticeDirect, is the only app of its kind designed to support people without lawyers resolve their dispute and get their money back, both in and out of court. The first step to getting money back is through a letter demanding payment from the other party JusticeDirect offers customizable demand letters for free. If the letter demanding payment does not work, then the next step is taking them to court. JusticeDirect* will guide users every step of the way through the small claims court process by helping them: Understand the legal process; Evaluate the pros and cons that come with taking someone to court; Generate small claims court forms; and, Avoid common mistakes when filing your forms and serving notice on the other side. *Currently, JusticeDirect can only help litigants sue in California’s small claims court.

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  • Justicedirect | Demand Letter, Small Claims, and Court Filing Help

    Does someone owe you money? The first step to get your money back is sending a letter demanding payment, better known as a Demand Letter . Create Demand Letter for Free WHY IS A DEMAND LETTER NEEDED? If your demand letter did not work, the next step is taking them to court. See more reviews on Small Claims Court icon Is Small Claims Court right for me? While taking someone to court can feel overwhelming, with JusticeDirect it doesn’t have to be. JusticeDirect will help you evaluate the pros and cons that come with taking someone to court. Answer simple questions to help you decide if going to court makes sense for you. If you do decide to go to Court, JusticeDirect will guide you through the process step-by-step. Why are you owed money? If any of these apply to you, get started with JusticeDirect. You let someone borrow money and were not repaid as expected. You paid for a product, but it doesn't work or it was never received. You sold a product or completed a service but didn't get paid. The other party didn't pay housing rent payments in full. You paid for a service, but it was not completed. The landlord did not return the security deposit as expected. Start for Free How can I get my money back in Small Claims Court with JusticeDirect? You will be guided step-by-step to understand the legal process, build your small claims court case, and avoid common mistakes, without the expense of a lawyer. Start for Free *At the moment, filing and service assistance is only available in California Small Claims Court. However, custom demand letter is available nationwide! See how easy it is with JusticeDirect. Start for Free Access Legal Education Not sure where to start? Look into our free educational resources to help you at any step throughout your journey. How the Massachusetts Small Claims Court Works 3 min What Does it Mean to Appear Pro Se in Court? 3 min 5 Ways to Send a Demand Letter 3 min All Resources How much money did you loan to the defendant? $ 5000.00 Was the agreement written down or made verbally? Written Verbal Do you have a copy of the written agreement? Yes No Answer simple questions and JusticeDirect will help you: Create a customized demand letter. Prepare the court forms needed for your CA Small Claims case. Understand where you need to file your case, along with the options and costs to filing. Learn the options and steps to Service of Process. Start for Free JusticeDirect guides you step-by-step to avoid common mistakes. Identify the relevant law, who owes you money, and how much you are owed and can sue for. Create a timeline with important facts to support your cases and evaluate those facts against each of the elements. Generate your court forms and receive instructions on how to file your case then serve the other party. Start for Free Case created on October 20, 2021 Welcome back! Let's pick up where you left off on your quest for justice. Continue Case Demand Letter You haven't sent your demand letter to the defendant. An all-in-one solution. JusticeDirect will help you resolve your dispute and get your money back. Start for free Pricing JusticeDirect, the simple, fast, and effective way to get the justice you deserve without the expense of a lawyer. Guided Legal Education Free Demand Letter Create and Download Free Certified Mail Demand Letter Delivery and Tracking (optional) $19.50 Identify Facts and Build Your Case Free Should I Sue Analysis Free Calculate Amount to Sue For Free Filing Court Locator Free Court Form Generation Free Filing Instructions Free Serving Instructions Free Start for Free Testimonials Andrew Hanna I consulted with several lawyers who each wanted to charge me around $250 for a demand letter. I’m very happy that I was able to write a demand letter myself with JusticeDirect. Read full story Dominic Gonzales I found the JusticeDirect demand letter online. The website was easy for me to understand and I sent my demand letter online certified mail. I’d recommend this to anyone who needs to write a demand letter! Read full story Long Ng The JusticeDirect website makes it easy for people without legal backgrounds to understand what they need to do. I was able to prepare a very professional demand letter and save a lot of money. Read full story

  • JusticeDirect | About Us

    About Us Our Vision JusticeDirect was launched in November 2021. Our vision is to empower ordinary people to be their own hero and get justice through technology. Our current mission is to help people collect debts or defend against debt lawsuits in small claims court. Who We Are We are a technology company that provides a platform for users to acquire legal information, tools to make sense of their disputes, and order legal services such as creating a demand letter. While the legal information on our site is created by attorneys, we are NOT a law firm and we do NOT provide legal advice. Our Team Consultants Organizational Growth

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