How to file a lawsuit for breach of contract

My settlement agreement with my ex-wife allocated an RV to my possession. I have paid it off in accordance with the agreement. NC DMV has told me the only way to remove her name from the title is for us to go to the DMV together or for her to sign a DMV form Power of Attorney allowing me to remove her name. She has refused to do both.

I would like to sue her for specific performance to sign the POA. How do I actually file a lawsuit for specific performance pro se? Are there standard forms I can use? Can I also sue for court/attorney costs if I hire an attorney, and am I likely to be awarded these in the end?

There are no pre-printed forms to use for a breach of contract lawsuit. You must draft your own complaint.

In the complaint, you will want to allege what the separation agreement obligates your ex-wife to do, that she has failed to do so within the specified time period (or a reasonable amount of time if no time period is specified), the damages to you as a result of her failure, and that you are asking the court for specific performance.

You can also make a claim for attorney’s fees if you hire a lawyer. Your separation agreement may have a paragraph about attorney’s fees in the event of a breach. Usually the prevailing party in a breach of contract lawsuit must pay the other party’s attorney’s fees.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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