Legal Question in Civil Litigation in New York

Breach of Contract Question

I am attempting to commence an action in a corp to corp breach of contract. I performed duties as a technical consultant fo an IT outsourcing company for six months. The company paid me for the first two months and then stopped submitting payment. The contract is extremely ''cut and dry'' and specifies monies to be paid on a Net 30 basis. My end of the contract was held to the fullest. The outsourcing company doesn't deny this. They state that they have no money to pay me. The amount owed is $54,000. I have the orginal contract and much correspondance between the outsourcing company and myself in which they state they are liable for the payment. It is going on two years since I recieved the last payment. Due to the simplicity of this case, I have decided to try this without an attourney. My question concerns starting the action. I know I need to file a summons and complaint and then the RJI, but I'm not sure where to find the forms, how to fill them out, etc. Any help would be greatly appreciated.


Asked on 3/19/03, 2:54 pm

4 Answers from Attorneys
Bradley Rosen

Re: Breach of Contract Question

You can get the forms either here or by looking up "New York State Courts" on the web. However, your big problem will not be getting a judgment, it will be getting them to pay. You will have to undertake what are know as enforcement proceedings to get the money, and this is a difficult task. Most attorneys will turn this over to a collection specialist.

My suggestion is that you get a collection attorney now. You never know what your opponent will say or do once they are dragged into court. Plus, you will have someone who will go and get the money for you if you get a judgment. You should be able to find one who will work for a percentage of what they recover plus costs. I think you will find it easier in the long run.

Read more
Answered on 3/19/03, 4:16 pm
David Slater David P. Slater, Esq.

Re: Breach of Contract Question

A legal stationary store should have all the legal forms you will need.

Read more
Answered on 3/19/03, 4:17 pm
Gary Adelman Adelman Matz, P.C.

Re: Breach of Contract Question

If you are in New York go to blumebergs, they will have all the correct forms with instructions. However, I would strongly reccomend that you seek counsel, if they hire an attorney, any decent attorney will paper you to death with Discovery requests, Interogatories and Motions. I just litigated a matter with almost the exact set of circumstances and you wouldn't believe the arguments the opposing attorney came up with to justify the lack of payment. Plus, the stuff that came out of the IT companies CEO's mouth, he was making it up as he went along. Nothing is cut and dry in the US Civil Court System.

Read more
Answered on 3/19/03, 9:38 pm
Daniel Clement Law Offices of Daniel Clement

Re: Breach of Contract Question

The forms are available in most stationary stores or at Blumberg.com. Not all the forms need be submitted to commence the action. Knowing what and how to do something is the reason to retain an attorney.

Daniel Clement

Read more
Answered on 3/21/03, 1:40 pm


Related Questions & Answers

More General Civil Litigation questions and answers in New York