How to Enforce a Compensation Agreement
- 1). Determine whether a breach of contract exists. You may not be entitled to payment without performing certain conditions of the agreement. If you have not fulfilled the requirements for payment--also known as "conditions precedent"--you may have no case. If a breach does exist, consider hiring a lawyer; failure to follow proper legal procedure could cost you more money than the lawyer's fees.
- 2). Send a letter to the other party demanding payment. You may find that a politely worded demand letter can resolve your dispute without the necessity of legal action. Include the following in conspicuous print: "The undersigned is attempting to collect a debt, and any information obtained will be used for that purpose." You can send the letter yourself or have a lawyer do it for you.
- 3). Prepare your complaint and civil summons according to the law of the jurisdiction in which you plan to file suit, should the other party still refuse to pay. Again, you may want your lawyer to do this. Your state's rules of civil procedure will provide essential information about the formalities of the complaint and summons.
- 4). File your complaint with the clerk of court in the county in which you plan to sue and have the clerk issue your summons. Provide two copies of the summons and one copy of the complaint to the sheriff of the defendant's county of residence and ask him to serve the complaint and one summons upon the defendant. The sheriff will use the extra summons to certify service to the court.
- 5). Conduct pretrial discovery. Examine your state's civil procedure rules to learn what you can do to examine the defendant's case and uncover evidence that you can use to prove your own. The use of interrogatories, document production requests, subpoenas and depositions can lead you to facts that bear directly upon your claim. If your case gets this far, you will almost certainly need to hire a lawyer.
- 6). Proceed to court if the other party continues to refuse to pay--but be aware that getting your case heard in a court can take months or even years, depending on the case load in the jurisdiction where you are suing. As the moving party, you bear the burden of proof as to every element of your claim. Present your evidence, including the testimony of witnesses, as to the defendant's breach of your compensation agreement and your damages. Following an attorney's advice in this procedure will enhance your chances of a favorable judgment.
- 7). Enforce your judgment according to the laws of your state, should you prevail in court. These can be procedurally complex and involve a specific set of rules that a judgment creditor must follow. Again, professional legal assistance can be a valuable and even essential tool in the recovery process.
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