How can you avoid being sued and protect your company and your assets? If you are sued, then what actions should you be prepared to take? Will the litigation impact you and your company, and what impact might there be? Elliott Frazier can assist you in answering these questions and developing a strategy in the event of litigation.
The judicial system provides individuals and businesses the opportunity to pursue their legal rights, including the ability to enforce and defend their legal position with the assistance of competent legal counsel. Successful litigation starts with a good case, but the chances of a successful outcome are also dependent on the knowledge and experience of the attorney.
Elliott Frazier focuses on business litigation, with an emphasis on construction litigation, contract disputes and real estate disputes.
Litigation is usually begun by filing a Summons and Complaint. The Defendant generally has 30 days to serve their answer or otherwise respond to the Summons and Complaint. If the Defendant fails to respond within the appropriate time, then the Defendant can be held in default and judgment rendered against the Defendant for the amount requested in the Complaint.
If the Defendant does not default and answers the Complaint, then additional litigation measures are taken in order to better define the facts of the case and develop what additional defenses or causes of action may be available. Discovery is the process through which documents and other information is collected. There are different types of discovery including, interrogatories, requests for production of documents, requests for admission and depositions.
Interrogatories are written questions that require a written response. Requests for Production of Documents are written requests that require the opposing party to provide the documents requested. Requests for Admissions are questions asking for a particular request to be admitted or denied. Depositions involve oral testimony, which is taken under oath and documented and recorded by a court reporter. The opposing attorney is permitted to ask questions in an attempt to seek facts and information that may be relevant to the case. A judge is not present for depositions.
Elliott Frazier assists the client through the litigation and works to obtain a judgment on behalf of the client. Once a judgment is obtained, whether the judgment is through default, trial or a confession of judgment, Elliott Frazier assists the client in aggressively pursuing collection of the amount owed. Supplemental proceedings is the legal process which allows a creditor to attach a debtor’s assets to satisfy all or part of a judgment.
Litigation requires knowledge and experience of the judicial process, discovery techniques and the supplemental proceedings process in order to assist clients. In many cases, the pursuit of litigation, based on costs and time, may not be best to resolve every case. Sometimes the best advice may be to negotiate a settlement agreement, to engage in mediation or other method of dispute resolution to resolve a legal dispute more quickly and with less cost to a client. Elliott Frazier realizes that practical considerations are important and assisting clients in understanding the costs and risks associated with the litigation process helps clients make the best decision for their case.