Litigation is the legal process provided by the state and federal government for the resolution of financial disputes between parties subject to that particular jurisdiction. When disputes cannot be resolved amicably between parties, it becomes necessary to file a lawsuit to pursue rights and remedies under the law.
Whether you feel you need to seek judicial intervention to enforce your rights or have found yourself a named defendant in a lawsuit, you need to seek legal counsel as soon as possible. As a potential antagonist, you may be up against a statute of limitation deadline; as a defendant, you have a limited amount of time to respond.
Mediation is a less formal means of resolving disputes. In mediation, the goal is to propose and attain reasonable settlement of a case without going to either arbitration or court. Cost wise it can be the most efficient way to resolve disputes, however anyone participating must understand that the goal is to settle a dispute as opposed to emerging victorious. A successful mediation is often deemed to be one where neither party leaves satisfied.
Contracts often contain arbitration clauses which mandate this form of dispute resolution to settle disputes as to contract interpretation or enforcement of contract rights. Arbitration, while less expensive than litigation, is no less important as a dispute remedy mechanism. Unlike in litigation, it is often a “one shot deal”. This is to say that each side has the opportunity to present a brief on the issues at hand, the arbitrator(s) will have the opportunity to examine witnesses, hear testimony and argument and will then render a decision.
Because of the tightened time frame and limited briefing schedule, competent legal representation is essential. The arbitrator will be on a tight timeline and have little patience for legally irrelevant information and hearsay. It remains a cost effective means of resolving disputes.
Bankruptcy does not work for everyone. Often the debtor has assets beyond the exemption limits but is still facing garnishment or levy. In these cases, we look to resolve and settle the debt with the creditors in such a way that the repayment is manageable without needing to file for bankruptcy.
It is important to work with an attorney who has experience in this space. More often than not, we deal with the same creditors time and again and know what their parameters for settlement are and thus are better able to guide the client through the process.
Though not popular, bankruptcy is an essential component of any free market economy. The alternative to this is Debtor’s Jail. A Free market economy relies on people to become entrepreneurs. Entrepreneurs build businesses, employ people, buy products and keep the economy moving.
At times, things happen which cause businesses to fail, employees to get laid off, endure pay cuts, etc. Creditors then have the right to begin the pursuit for unpaid debts. This can result in bank levies, wage garnishments, harassing phone calls at home and at work. Bankruptcy is the means by which all of this can be stopped.
It is a complicated and at the same time straight forward process that far more often than not requires the assistance of an experienced bankruptcy attorney.
Our firm also advises creditors who feel they have a basis to pursue those in bankruptcy to ensure the debts owed are deemed non dischargeable. This is done via an adversary proceeding whereby the creditor will challenge the debtor’s right to have a certain debt wiped out.
Also, it is often the case that a debtor in bankruptcy is entering into a reorganization and the creditor needs representation to ensure that its debt is paid in full.
There are many rules in bankruptcy which prevent a great deal of creditor actions. They are in fact illegal and creditors can be sanctioned by the court for taking these actions.
In all of the above scenarios it is essential to speak to an experienced bankruptcy attorney.
Representing With Respect
Often referred to as “Dirt Lawyers”, real estate in California is its own animal with complicated laws and local ordinances as to what can be done with particular pieces of property.
Whether you are buying , selling, leasing, partitioning or just using a piece of real estate in California, the laws are complex. Also, enforcing your rights with regard to California Real Estate is complex. It is hoped that at the outset of any real estate transaction that all of the rights and obligations have been laid out clearly.
When dealing with real estate in California, all agreements must be in writing.
Real Estate Lending also has its own set of laws and whether you are lending or borrowing against a piece of real estate, you need to ensure you obtain proper legal advice from an experienced legal professional.