Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
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I am sorry for your situation., if I sent a letter of demand which has a 30 day pay in full, can I send court papers now with attachments?
The answer is yes
. Understand that the letter was your attempt at negotiation. It has no legal bearing. So if he is showing no evidence of wanting to pay back the money, you may pursue this in court. You are not "estopped" to wait for those 30 days to be over before filing suit - that is when the actual legal matter begins.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state. Every cause of action has its own elements, and each element has to be satisfied for a cause of action to be successful in court.
Note that this may be a case for breach of contract
and unjust enrichment
The elements of a breach of contract claim are (1) breach of a material contract
term; (2) causation; and (3) damages. Maine Energy Recovery Co. v. United Steel Structures, Inc., 724 A.2d 1248, 1250 (Me. 1999)
To establish a claim for unjust enrichment, three elements must be proven: [One] a benefit conferred upon the defendant by the plaintiff; [two] an appreciation or knowledge by the defendant of the benefit; and [three] the acceptance or retention by the defendant of the benefit under such circumstances as to make it inequitable for the defendant to retain the benefit without payment of its value. AFAB I, 610 A.2d at 749 (quoting Estate of White, 521 A.2d 1180, 1183 (Me.1987)).
While unjust enrichment is normally used for contract labor, etc, it often is also used as a secondary back up cause for breach of contract claims.
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