How to Enforce an Agreement

Seek to enforce agreements informally before pursuing more expensive and time-consuming methods.

Contracts, also called agreements, affect a large range of situations and circumstances. At its basic manifestation, a contract is a formal agreement, typically written down in a document, that explains the promises and obligations of all parties. Verbal contracts also are allowed; if your neighbor offered you a specific amount to paint his garage, and you agreed, a verbal contract was created. When someone breaks a promise made in the agreement, you must enforce the agreement to collect.

Instructions

1. Speak to the other party and try to resolve the conflict without formal dispute resolution (such as arbitration or a lawsuit). Enter into a modification of the agreement, if possible and feasible. Ask the other party to comply with the agreement.

2. Check the agreement for an arbitration clause (if the agreement is written) or consider arbitration of the dispute. Arbitration is quicker and cheaper than a lawsuit; see the resource below for help choosing an arbitrator.

3. File a breach of contract lawsuit in the county court, located where the defendant resides, if arbitration fails. In the claim, list the facts that prove the agreement and the actions that show the defendant violated some part of the agreement. Comply with the court orders and scheduling to resolve your dispute, through the judicial system.

References

• Expertlaw.com: Contract Law (An Introduction)
• Legalzoom.com: How can I enforce an agreement?
• Nolo.com: Arbitration Pros and Cons

Resources

• ADR.org: American Arbitration Association