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What are the specific steps to follow for filing a lawsuit against a business or individual in Illinois for breach of contract?

To file a lawsuit against a business or individual in Illinois for breach of contract, take the following steps:

  1. Review the terms of the contract:

    Before filing a lawsuit, review the terms of the contract you have with the other party. Identify the specific obligations that the other party failed to fulfill, and gather any evidence that supports your claim, such as emails, invoices, contracts, or witness statements.

  2. Engage in negotiation or mediation:

    Before you file a lawsuit, it's often recommended that you engage in negotiation or mediation with the other party to try to resolve the dispute without a court proceeding. This can save time and money, and can often lead to a mutually acceptable resolution. If negotiation or mediation is unsuccessful, a lawsuit may be necessary.

  3. Determine the appropriate type of lawsuit:

    Depending on the amount of damages you are seeking, you will need to determine whether to file your lawsuit in small claims court, circuit court, or federal court. Small claims court has a limit of $10,000 in Illinois, while circuit court is used for claims over $10,000. If the dispute involves parties from different states or countries, or if a federal law might be applicable to the claim, then federal court may be the appropriate venue.

  4. Hire an attorney or file a lawsuit on your own:

    If you decide to pursue a lawsuit, you may choose to hire an attorney or file the lawsuit on your own. Filing a lawsuit on your own is called pro se representation. If you choose to represent yourself, you must be familiar with court rules, procedures and applicable laws.

  5. Prepare and file the complaint:

    The complaint is the legal document which sets out the grounds of a lawsuit. It must include the necessary facts and legal allegations to support your claim. Generally, the complaint should include the names of the parties, a statement of facts, legal claims for relief, and the amount of damages being sought. Once the complaint is prepared, it must be filed with the appropriate court and served to the other party.

  6. Attend the court hearing:

    After the complaint is filed and served to the other party, a court hearing or trial date will be scheduled. You will need to appear in court in order to argue your case and provide evidence to support your claim. If you have hired an attorney, they will represent you in court.

  7. Obtain a judgment:

    If the court finds in your favor, you will be awarded a judgment against the other party. The judgment specifies the amount of damages the defendant owes to you. If the other party does not pay the judgment willingly, you may need to take further legal action to collect the debt.

Limitations or exceptions to this advice may vary depending on the specific circumstances of your case, and may require further consultation with a licensed attorney. To ensure that your legal rights are upheld in a breach of contract dispute in Illinois, it is important to work with an experienced attorney or to research the laws and rules for yourself.