Thank you for your response. Finances are not a concern. I am afraid it is personal. The old adage "fool for a client" most likely applies here.
Scott,That is absolutely your call. Just please be aware that if you go to court you will be held to the same high standard as any attorney, so if you make any procedural error that dismisses this claim, you blow a deadline, or you otherwise make a 'rookie' mistake, you will end up risking a dismissal with prejudice, which is where the courts dismiss the case and bar you from filing it again. I am not trying to convince you, merely warn you of the dangers. In addition please be aware that under state laws a business entity (an LLC, S-Corp, etc..) is deemed to be an independent entity that must be represented in court by counsel. While you can personally represent yourself if this is a sole proprietorship, if this is a business, and you file on your own, the courts will dismiss it or accuse you of "Unauthorized Practice of Law".Otherwise you would need to follow these preliminary steps:1. Review the contract to see which state or jurisdiction is listed as controlling the terms of the agreement. That is where filing suit needs to take place. If nothing is listed, then suing in the county where the defendant resides is the most primary location.2. Once you know the jurisdiction, look up the court system. You would likely need to file in the local district court. This I can look up for you if you could tell me your location.3. Then hit the local county law library. There you can obtain templates for how to file a local complaint, fill it out, and file.4. You would need to serve the complaint to the opposing party.5. Be prepared to respond to their 'answer' to your complaint and also begin to research potential challenges for dismissal so you would know how to reply to them if anything gets filed.Good luck.
Scott,Glad to help, truly! Please let me know if I can ever assist you again--if so, please feel free to ask for me by name. Good luck with your claim and I truly hope that it works out for you!If satisfied with my work, please do not forget to positively rate my answers to you so I may obtain credit for my work. Thank you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).