Consumer Law, Warranties How much can I do pro se on a breach of contract suit?

[Shandelar]

In mid-August 2009 it will be four years since a computer programmer I hired to program a website notified me by mail that he would not be completing the project. I had already paid him $40,000.

Our contract was between my S-corporation and his LLC, and stated that any legal dispute was to be handled in New Castle County, Delaware. I had incorporated in Delaware, the contract was signed in Pennsylvania and the work (such as it was) was performed in Pennsylvania. The programmer has sinced moved to Omaha, Nebraska.

I have only a few weeks to slide in under the four-year statute of limitations and I would like to do as much of the work as possible to save on lawyers' fees. I work on straight commission and haven't made a penny since beginning in June 2008.

Is there any sort of handbook that might guide me to do this on my own--if not entirely--then to some degree?

 

[Michael Wechsler]

you've got a challenging situation. You can sue him by filing in a Delaware court that has jurisdiction over that amount and it would seem state court has jurisdiction and probably cheaper. I'd file there. He'd have a difficult time claiming it's not the appropriate venue if he agreed. Without seeing more, I'd do that. Regarding the "handbook", every court is a little different so call the court clerk. For a large case, I'd consider discussing it with an attorney and working out some type of for fee and contingency agreement.