How to Represent Yourself When Being Sued for Breach of Contract

Self-representation is not as uncommon as it once was.

Representing yourself during a civil proceeding, such as a breach of contract case, is an effective way to save money on attorney's fees. In more difficult court cases, self-representation is not advisable. However, in civil cases courts will generally treat you with the same respect as someone who is represented by an attorney. Before you make the decision to represent yourself in court, it is imperative that you know the ins and outs of the civil process.

Instructions

1. Submit your answer to any legal summons you receive. The plaintiff is required to submit his claim to you in writing and have the claim served through a process server or sheriff's deputy before a hearing can be conducted. Fill in all information requested, truthfully.

2. Consult an attorney to advise you on the best course of action. Although you will not be using an attorney to represent you, he may be able to offer you sound advice on your court proceedings and tell you exactly where to start when building your case. Ask the attorney to explain anything in your summons that you do not understand.

3. Visit your local law library. Before entering the court room you will be required to have a working knowledge of your state's laws concerning breach of contract. Learn your local codes and exactly what laws protect you and what laws can damage your case. You may find a loophole that can solve your problem once you enter the court room.

4. Gather all evidence pertaining to your case. Copies of receipts, proof that you have upheld terms of your contract and any statements attesting to your compliance with the contract will be helpful in proving your case. Keep your evidence in a safe place at all times.

5. Write down each possible scenario you can think of that could occur when you are in court. Determine how the plaintiff could possibly attempt to show you are at fault and provide statements and counter-arguments according to each scenario. Your goal is to defend yourself and convince the judge that you are not guilty of breach of contract and that you are trustworthy.

6. Speak clearly and loudly when you are in court. Stick to your plan of action, questioning the plaintiff's ability to create a solid case against you. Although you are fighting a legal battle, be professional and calm during court proceedings. Losing your temper will tell the judge you are unable to handle your emotions and are irresponsible.

7. Ask questions when it is your turn to cross examine. Do not make assumptions or attempt to dictate the matter. Simply ask pertinent questions to help prove your innocence, such as dates, times, amounts owed and specifics of the contract.

8. Appeal the decision if you find that an unfair verdict has been rendered. You have the right to appeal to the clerk of court within 30 to 45 days of your verdict being entered. Submit your written appeal within this time frame.

References

• Dallas County Courts: Representing Yourself: What you Need to Know
• Find Law: Should you Represent Yourself in Court?