How to Make Someone Adhere to a Legal Agreement
Once you sign a contract or make a legally binding agreement with another party, you feel safe in knowing that all of the terms between you and the other party have been spelled out and will take place as agreed. However, even with a legal agreement, the other party may not be completing his end of the bargain. Fortunately for you, you have legal remedies to enforce and collect upon your legal agreement.
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Instructions
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Contact the person who is not adhering to the legal agreement. Remind her of the terms of the contract. Ask politely for the person to follow through on what she agreed to. Send her a letter stating your intention to take her to court if she does not satisfy her part of the agreement.
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Write down the defendant's exact address and legal name. Write down whether the company is a limited liability corporation or sole proprietorship if the party in the agreement is a company, rather than an individual. This information is necessary to file a valid lawsuit as well as to serve the defendant.
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Decide which court you will have to file paperwork in. Go to small claims court if your legal issue concerns a question of monetary value of under $5000 or less. Go to the court where your custody agreement was decided if your legal issue concerns another parent not providing legal support or adhering to the custody schedule. Go to a circuit court in your county if your issue concerns a person not completing a task or service, and you need the court to force the other party to complete the task as the agreement requires.
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Complete and file the necessary paperwork at the court. File a motion for contempt of court if the other person is not adhering to a custody agreement. Complete an application for injunction if you need the court to order the defendant to complete a task or to stop harassing you according to a prior restraining order. File a claim and an order for the defendant to appear in court if you are submitting your paperwork in small claims court.
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Send the defendant a summons to appear in court by first class mail, certified mail or by sending a process server.
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Call the court clerk and inquire about the court date. Attend the hearing. Bring your contract with you and prove your case. Call on any witnesses that were present at the time of the contract signing. Inform the court that you signed an agreement with the other party and completed your portion of the agreement. Inform the court that the other party has failed to adhere to his part of the agreement. Ask the court for the remedy that you desire such as a monetary award or an injunction.
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Complete an application for wage or property execution to garnish the defendant's wages or place a lien on his property if you win the case but the other party refuses to pay the award. File the application with the court clerk where you received your judgment. Pay the appropriate fee. Request a civil claim for contempt of court if the defendant continues to disobey the court order.
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Tips & Warnings
Consult an attorney if your matter regards complicated legal matters or the need to acquire an injunction.
Do not expect an immediate result as court matters can often take months or years to settle.
