What Court Handles Breach of Contract and How Do I File in Illinois?

When someone is considering filing a breach of contract lawsuit in the State of Illinois, it may be helpful for them to know what court handles breach of contract cases. Generally, any civil court that has general jurisdiction has jurisdiction in breach of contract cases.

Although there can be different courts in which an individual may be able to file their claim, the laws in some courts or locations may be more advantageous. Due to these variations, it is important to reach out to a local Illinois attorney who will be familiar with the laws and jurisdictions that will be most favorable for the individual’s claim.

Courts in which breach of contract claims can be filed in Illinois include:

• Any state in which the court has a legal basis to exercise authority over a defendant, for example, a state where they are engaged in commerce
• A state where a defendant lives or where it has a principal place of business
• A state in which a contract was negotiated or signed
• A federal court if the lawsuit is based on a federal law issue
• A federal court if the parties to the contract live in different states and the amount in controversy likely exceeds $75,000

In addition to filing a claim in a court that has jurisdiction, a lawsuit must be filed in a court that has jurisdiction over the amount in controversy, which is the dollar amount of damages involved in the case. Courts in all states may have different requirements for amounts in controversy.

There can be different levels of trial courts in a state that have their own requirements for the amount in controversy.

How to Sue for Breach of Contract

A breach of contract lawsuit starts when a complaint is filed in the appropriate civil court. A complaint is a document that outlines the issues and allegations in the case.

The complaint has to be served on the defendant or defendants named in the case. Following that, they will have 30 days to file an answer to the complaint.

Contracts are legal agreements between two or more parties. In order to be a valid contract, it must contain specific elements, which include:

• An offer
• An acceptance of the offer presented
• A promise to perform
• A valuable consideration
• A time or an event when the performance is required
• Terms and conditions for the performance
• Performance

A breach of contract happens when a party to a contract does not perform as they promised to do in the contract and, because of that, another party to the contract suffers an economic loss. It can be a complex issue to determine what court to file a breach of contract claim in.

Factors that may be considered when determining what court to file a breach of contract claim in can include:

• Venue: Defendants do not have to answer lawsuits in any location. When a court has venue, it means it has the ability to exercise authority over a defendant.
  • In most situations, venue for a breach of contract claim is the location where the events that led to the lawsuit occurred or where a defendant lives or conducts business.
• Jurisdiction: A court has to have jurisdiction over the subject matter, or the breach of the contract, as well as the parties involved.
  • There are some types of courts, such as family law courts, that do not handle breach of contract cases.
  • It will not be possible to file a claim in small claims court if the amount of controversy is too high.
• Forum selection clause: Some contracts will state where a lawsuit can be brought in what is called a forum selection clause.
  • In addition, the contract can specify what state or national laws will apply if a dispute arises.
• Statute of limitations: This is a time limit in which a party has to file a breach of contract claim.
  • Every state may have a different statute of limitations for breach of contract cases.
• Mediation: A contract may require that the parties utilize alternative dispute (ADR) methods, which may include mediation or arbitration, to resolve their dispute.

How Long Do I Have to Sue for Breach of Contract?

For a written contract, the statute of limitations for breach of contract claims in Illinois is ten years. It is important to note that the time limit may also state at the time the breach is discovered.

If an individual does not file their claim within this time period, they can lose the right to request damages. Due to this issue, it is important to consult an attorney as soon as a party becomes aware the contract was breached.

What Are Some Possible Defenses to a Breach of Contract Claim?

If an individual is considering filing a breach of contract claim, it can be helpful for a party to be aware of defenses that may be presented against their claim, such as:

• Missing elements of the contract
• A violation of the Statute of Frauds
• An unconscionable contract

Under the Statute of Frauds, certain types of agreements must be in writing to be enforceable in a court, including contracts:

• To pay the debts of another individual
• In consideration of marriage
• For the sale of goods over a specific value
• For the transfer or sale of land
• That cannot be performed in a year
• Related to the estate of a deceased individual

If a Statute of frauds defenses is presented, there are exceptions that a party may be able to claim, such as:

• Admission, if the party admitted that a contract was made
• Promissory estoppel, if one party relied on a promise to their detriment
• Partial performance, when a party partially performs their obligations under an oral contract
• Specially manufactured goods, if the seller made a substantial start on manufacturing custom goods

The defendant can also argue that a contract was not formed because the plaintiff did not prove all of the necessary elements of a contract, discussed above. When all of the elements of a contract are not present, a lawsuit cannot succeed.

Unconscionable contracts are contracts that are severely one-sided and unfair and are, therefore, deemed unenforceable under the law. Usually, these contracts leave one of the parties with no real and meaningful choice, often because of major differences in bargaining power between the parties involved.

Unconscionable contracts may also be contracts that are against public policy due to the unequal terms. When this happens, a party can argue that the contract is not valid because the terms are so obviously unfair to one party.

Should I Get a Lawyer if I Want to File a Breach of Contract Lawsuit?

If you think you may be involved in a contract that was breached, it is important to consult with an Illinois breach of contract lawyer as soon as possible so you can determine what court to file your claim in and ensure you are within the statute of limitations.

Your lawyers will be able to determine a reasonable amount of damages to request and provide advice on the most favorable court in which to file your claim. You can find a breach of contract attorney in Illinois using the free, convenient, and confidential lawyer matching services provided by LegalMatch.com.

It will only take you about 15 minutes to submit your issue on LegalMatch. After about 24 hours, you should start receiving messages from local member Illinois lawyers who can help you with your breach of contract issue.