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Some answers about civil litigation:
What is civil law? Any law that's not criminal law. Or, at least, that's the technical defininition. When lawyers say they do "civil litigation," we usually mean that we spend a lot of time in court doing trial work. It also means we spend a lot of time in hearings, depositions, and so forth. Though the field technically includes personal injury cases, medical malpractice, workers' compensation cases, family law, bankruptcy, etc., this isn't what we mean (see what we don't do). The cases we handle involve individuals and companies that sue one another, landlord/tenant disputes, breach of contract, construction litigation, real estate disputes, etc.
I've been served with a summons, what should I do? Call us immediately. Once a summons is served, important time limitations begin, and you may lose certains defenses and rights if you do not act immediately. For instance, your summons may tell you to file a document called an "answer," and that your answer may be due within, say, 20 days. Though an answer is one way to counter a lawsuit, there are alternative things you can do, and, if you file an answer, you may end your time limit to take one of the alternative actions.
What will happen if I don't answer or take an alternative action within the time limit? You'll probably lose, but you may still have some actions available to you to prevent your losing or minimize the amount you may have to pay.
What happens if I lose? Your lawsuit will probably enter the collections phase, wherein you'll probably be required to attend a deposition. At the deposition, the suing party will be able to ask you about your property, your income, your assets, etc. This is so that they will know what they can take from you or how they can garnish your wages.
Who is the "Plaintiff"? The person suing, often called the "petitioner."
Who is the "Defendant"? The person being sued, often call the "respondent."
I want to sue someone, do I need a lawyer? Probably. It's foolish not to hire a lawyer if the amount you are suing for is about $10,000 or more. That's too much money to risk if you aren't intimately familiar with the law and the rules of court. Trial law is very tricky, and full of traps for inexperienced people. Even experienced lawyers sometimes make serious mistakes because of the complexity of trial law. And you will be treated as if you know the law as well as a lawyer does; you probably won't get a break if you mess up. If you are suing for less than $2500, you probably don't need a lawyer. You can file small lawsuits in small claims court. In small claims court in Florida, the clerk of court will help you file your lawsuit and you will probably be given a hearing date automatically. At your small claims hearing, you'll probably be requird to mediate (try to settle your lawsuit with the help of a professional) your lawsuit. The mediation may happen on the same day as your hearing.
My corporation needs to sue a person or another corporation, do I need a lawyer? In almost all lawsuits filed in Florida, a corporation must be represented by a lawyer.
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