If you decide you must file a lawsuit, the court that can hear your case depends on the type of problems you're having and the remedies you're requesting to resolve those problems.A standard breach of contract action typically can be filed in state or federal court. If you and the other party live in different states, federal court may be more appropriate, depending on the issues at stake.
You may even be able to use small claims, although you should keep in mind that small claims courts typically are limited to monetary damages under a certain amount. While the small claims limit in some states is as high as $10,000, it can be half that in others.
Franchises also come under a variety of state and federal laws and regulations, and these may impact the violations at issue. If you're lawsuit is related to a federal law or regulatory requirement, you must sue in federal court.
 Because franchise litigation, even a standard breach of contract case, can be fairly complex, if the dispute escalates to the point that you feel it necessary to file a lawsuit to resolve the dispute, it's best to have an attorney on your side.Particularly if you're suing in federal court, the relatively complex rules and procedures practically require an attorney to help navigate the system and avoid costly errors.
If you don't already have someone in mind, you can get the names of some business litigation attorneys in your area by searching on your state or local bar association's website. You might also ask respected colleagues for recommendations.
Make sure you hire an attorney who has specific experience litigating cases that involve franchise agreements on behalf of parties similar to you.
In other words, if you are the franchisee and you're suing the franchisor, look for an attorney with experience representing franchisees in similar lawsuits.
 The complaint, along with a summons and any other required documents, initiates your lawsuit by introducing the court to your franchise agreement and explaining how the other party has violated that agreement.Your attorney will need your copy of the franchise agreement to draft the complaint, as well as any evidence you've gathered related to the other party's violations of that agreement and the steps you've already taken to attempt to resolve the dispute.
Based on the factual allegations you've presented, your attorney will advise you on the remedies that are legally available to you and give you a good idea of what the best case scenario is for the outcome of the litigation.
 Once your complaint and any other required documents are completed, they must be filed with the clerk of the court that you want to hear your lawsuit so that litigation may commence.There will be a filing fee that must be paid, typically several hundred dollars. Your attorney will let you know you need to pay this separately, or if it will be added to your bill or deducted from your retainer.
You will get a file-stamped copy of the documents for your records. Another copy must be served on the other party so they have notice of the lawsuit against them.
Typically the other party is served by having a sheriff's deputy (a U.S. marshal in federal court) hand-deliver the court documents. The fee associated with this typically is added to your court costs not dedicated from the retainer you paid your attorney.
 After the other party receives your complaint, they have a limited period of time – typically 30 days or less – to file a written answer or other response. If no response is filed by the deadline, you may be eligible to win your case by default.You shouldn't expect the other party not to respond to your lawsuit, but keep in mind that even if they don't, the case isn't over yet. You still must prove to the judge that you're entitled to the damages or other remedies you're demanded.
More likely, the other party will file an answer denying your allegations and listing a number of defenses or counterclaims against you. Your attorney will go over these with you and let you know if any immediate response is required.
In some situations, the other party also may contact your attorney with a settlement offer. Your attorney must present this offer to you and advise you on whether to accept or reject it, but the final choice ultimately is yours.
 Once the complaint and answer have been filed, the case is ready to proceed to the next stages of pre-trial litigation. Typically you begin with written discovery, in which both sides exchange documents and written evidence related to the case.Written discovery consists of interrogatories – written questions that are answered in writing under oath – and requests for production. through requests for production, both you and the other side have the opportunity to acquire information related to the operation of the franchise and the actions that constitute franchise agreement violations.
You also may conduct depositions, particularly if you want to question the manager of the franchise or other franchise employees involved in or responsible for the violation of the agreement.
Pre-trial litigation takes many months to complete. During this time, you and the other party may continue to keep settlement negotiations open. In most cases, you'll find an avenue towards settlement before trial.
Choose the correct court.
Hire an attorney.
Draft your complaint.
File your complaint.
Receive the other party's answer.
Litigate your lawsuit.
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