Legal Question in Civil Litigation in Minnesota

Can I file a breach of contract to the courts myself without an attorney.

My son sold his business to a woman. She breached the contract and is not paying him off. I've contact two attornys and neither will take the case without thousands of dollars up front.

Can I file a suit against her myselfin Minnesota? If so where do I begin? My wife took out a second mortgage on the house and I secured a loan with my truck as colaterial. That's what you get, I guess, for trying to help someone out.

Thanks in advance.


Asked on 8/12/05, 12:12 pm

2 Answers from Attorneys

Vincent W. King Vincent W. King, PA

Re: Can I file a breach of contract to the courts myself without an attorney.

If you simply loaned the money to your son, you proably can't sue her directly, but certainly your son can.

If the claim amount is less than $7500 it is fairly easy for someone to represent himself in Conciliation Court. I don't know what county your son lives in (or more importantly where the business buyer lives because that's where he would have to sue her), but each county has a conciliation court branch. Here is a link to the State of Minnesota courts website which provides general information and forms regarding conciliation court: http://www.courts.state.mn.us/forms/Default.aspx?pageID=9009&activeLink=138

If the claim is larger than $7500, people can still represent themselves in "District Court" but obviously this is more of a challege. The rules are complicated, and there are many dedlines and technical requirements. Still, people can do it. Here is a link to some general information about the court system: http://www.courts.state.mn.us/page/?pageID=149

I hope this helps, and good luck to you.

Standard disclaimer: The comments above are based on limited facts and should not be considered legal advice. We do not have an attorney-client relationship.

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Answered on 8/12/05, 12:32 pm
David Anderson Anderson Business Law LLC

Re: Can I file a breach of contract to the courts myself without an attorney.

I would want to review the contract between your son and the buyer. I am currently handling 2 similar cases and attorneys fees are collectible against the buyer in those cases.

I would not charge to review the sale documents, and would let your son know immediately if attorneys fees are recoverable.

Feel free to call or e=mail.

Do you know if a security agreement was signed?

This may expedite obtaining payment from the breaching buyer.

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Answered on 8/12/05, 2:42 pm


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