what kind of lawyer do you need for a civil demand

Full Answer

When do you need a civil lawyer?

Basically, when two or more private parties have a dispute and desire to have it resolved in court, you need a lawyer who specializes in civil litigation. 2. Criminal Defense Lawyer

What kind of cases do civil lawyers work on?

A civil lawyer most commonly works on cases involving: 1 Divorce 2 Trusts 3 Wills 4 Contracts 5 Mortgages 6 Titles 7 Wills 8 Personal injury 9 Workers compensation More ...

What are civil demand laws?

Civil demand laws thus allow a merchant to charge an additional amount to help offset those costs. The amount that can be charged is sometimes based upon the value of the merchandise the shoplifter stole or attempted to steal, and is subject to a cap.

Do I need a civil attorney to file a lawsuit?

If you need to file a lawsuit it is strongly suggested you seek the assistance of a civil attorney. A civil attorney can help you navigate the complicated court system and ensure that you do not miss any important deadlines. A civil attorney can also consider your case and help you determine the likelihood...

What are civil demands?

A civil demand is an often intimidating letter sent by a law firm or other company, demanding payment for an allegedly wrongful act. This payment is referred to as a “civil recovery.” A civil demand letter commonly results from accusations of shoplifting.

Should I ignore a civil demand letter?

If you received a civil demand letter, it is important that you do not ignore it. Department stores often take people to small claims court if they do not pay the requested amount. However, this does not mean that you should simply pay and take no further action.

What does it mean when a lawyer makes a demand?

A demand letter is a preliminary tactic used by individuals or entities as an attempt to resolve a dispute, usually over a form of payment owed by one party to another. These letters are an effort by one party involved in the dispute to reach a resolution before taking formal legal action through the courts.

What if demand letter is ignored?

The fact that you ignored the demand letter will be used against you in court. The demand letter will likely end up as an exhibit to the court and jury in any subsequent litigation, and your response to the demand will be judged accordingly.

What happens after a letter of demand?

If the debtor does not comply with the letter of demand, summons will be issued and the debtor must defend the summons or a judgment will be given against them.

How do you respond to a demand letter from a lawyer?

How to Respond to a Demand LetterEvaluate the letter. The first step after receiving a letter is to carefully read it and evaluate its merits. ... Determine its intent. People send demand letters for all sorts of reasons. ... Calculate the claims. ... Is a lawyer needed? ... Respond within allotted time frame.

How much should you ask for in a demand letter?

A general rule is 75% to 100% higher than what you would actually be satisfied with. For example, if you think your claim is worth between $1,500 and $2,000, make your first demand for $3,000 or $4,000. If you think your claim is worth $4,000 to $5,000, make your first demand for $8,000 or $10,000.

How long does it take to draft a demand letter?

Seven to ten days is typical. End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies. Make a copy of each letter before sending it.

Can I write a demand letter myself?

A demand payment letter puts an individual or company on notice that you're considering legal action against them. Most people hire a lawyer to write their demand letters, but you can write it yourself.

Are demand letters effective?

Bottom line: you should generally not expect a demand letter to yield a quick and effective resolution, except in the rarest of cases where the stars align (enormous damages, clear liability, and reasonable defendant and opposing counsel on the other side).

Can a letter of demand be emailed?

In a groundbreaking order, the Gauteng High Court, Pretoria, has accepted the digitally registered delivery of a Section 129 final letter of demand for payment as the basis for granting a default judgment.

Can someone ignore a demand letter?

Never ignore a demand letter. If you receive one, contact your attorney immediately. Some people think if they don't respond, the sender will go away. This is usually not the case — especially if the other party has retained an attorney. Respond and try to resolve the issue or you run the risk of going to court.

How do you know if a demand letter is real?

If a sender of a demand letter has hired an attorney, they're clearly spending money to protect their rights and it demonstrates that they're more serious than if they're just emailing or calling and making the legal claims themselves. Second, a demand letter is generally seen by the court as a sign of good faith.

Do you have to respond to a lawyer letter?

No, you should not ignore the letter. It is unlikely that the lawyer is going to be rejected by the company's failure to respond to a lawyer letter. Most likely, the company will either get a second letter – or a formal law suit.

Is a demand letter a legal document?

A demand letter, or letter of demand, is a legally binding legal document that businesses use to initiate breach of contract disputes before filing a case in small claim or district court.

Can a letter of demand be emailed?

In a groundbreaking order, the Gauteng High Court, Pretoria, has accepted the digitally registered delivery of a Section 129 final letter of demand for payment as the basis for granting a default judgment.

The government is seeking an extraordinary volume of records in my CID. Am I really required to give...

Potentially, yes. State and federal authorities have broad power when issuing civil investigative demands, and CIDs will frequently seek to compel...

Is it possible to challenge a civil investigative demand?

Yes, but only under limited circumstances. As a form of administrative subpoena, the courts defer to agency powers regarding the scope and enforcea...

What are my obligations once I have been served with a civil investigative demand?

Once you receive a CID, you have two primary obligations: (i) to produce the requested information within the applicable time frame (subject to neg...

What are some of the most common reasons that state and federal authorities issue civil investigativ...

While civil investigative demands are used in a variety of types of civil investigations, some of the types of cases in which we most-commonly see...

How can I protect myself (and my company) after receiving a civil investigative demand?

An important way that you can protect yourself and your company after receiving a civil investigative demand is by seeking legal representation. Re...

Why would I receive a civil investigative demand if I am not being targeted in a government investig...

State and federal authorities use civil investigative demands to collect information from multiple sources, not just the targets of their investiga...

Where can I find more information about what to do after receiving a civil investigative demand?

If you have been served with a CID, we strongly encourage you to seek legal representation. We offer free initial case assessments, and our defense...

What is a traffic lawyer?

Traffic Lawyer. Traffic lawyers are often considered a type of criminal-defense lawyer, but there’s a big difference between being accused of murder and being accused of running a red light, and different considerations come into play in formulating defense strategy.

What do real estate lawyers do?

Real estate lawyers deal with rights concerning land, water, and structures. Perhaps you need to determine whether a lien has been asserted against your property, or you need to carve out an easement. Maybe you need to divide one lot into two or more lots, or change the zoning classification, or move a boundary line.

What is transactional lawyer?

The transactional lawyer will incorporate your startup, help secure funding, draft your employment and non-disclosure agreements, issue stock, spin off subsidiaries, and countless other tasks associated with operating your business. Unlike the business litigation attorney, the transactional lawyer does not go to court.

Why do you need a defamation attorney?

You want a defamation attorney if you need to take someone to court for defaming your character through libel and/or slander, or if you’ve been accused of causing harm to the reputation of another individual or business by making false and defamatory statements of your own.

What is considered criminal defense?

Criminal Defense Lawyer. Courtroom proceedings are considered criminal in nature (as opposed to civil) when the state (through prosecuting attorneys) charges you with the commission of a crime. If you’ve been arrested, read your Miranda rights, and taken into custody by the police, you need a criminal defense lawyer.

Is business law a category?

In fact, “business law” is too broad a category to be meaningful. Business lawyers generally fall into two mutually exclusive categories: litigation and transactional. Business litigation (often referred to as commercial litigation) is a major subset of civil litigation (see above). Businesses sue each other all the time, for any number of reasons. ...

Can a business sue another business?

Businesses sue each other all the time, for any number of reasons. If your business is being sued for allegedly breaching a contract with another business, you will have more luck securing representation if you narrow your search to one seeking a business litigation attorney rather than a “business lawyer.”.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

Who can consult with constitutional lawyers?

People with advocacies can consult constitutional lawyers if they think their rights have been violated. For instance, non-profit organizations like the American Civil Liberties Union (ACLU) and the National Association for the Advancement of Colored People (NAACP) employ constitutional lawyers to protect minorities involved in a legal process.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What do IP lawyers need to know?

They need to have expert knowledge in both business and innovation trends. IP lawyers may also negotiate settlements on behalf of the creator or inventor if someone has infringed on their work, such as in cases where branded goods are faked and sold for a lower price in the market.

What Kind of Lawyer Do I Need?

When you have a legal or legal-related issue, you may not know what kind of lawyer to talk to, or whether to talk to a lawyer at all. Sometimes instead of (or in addition to) talking to a private lawyer, you should contact the government, such as the police or the district attorney (DA), or another type of professional, such as an accountant.

How Do I Find Out What Kind of Lawyer I Need?

When you have a legal or legal-related issue, you may not know what kind of lawyer to talk to, or whether to talk to a lawyer at all. Sometimes instead of (or in addition to) talking to a private lawyer, you should contact the government, such as the police or the district attorney (DA), or another type of professional, such as an accountant.

How long does it take to respond to a CFPB CID?

Once an individual or organization has been properly served with a CFPB CID, the clock starts ticking. Strict deadlines apply; and, upon receiving a demand, preparing an appropriate response needs to become the recipient’s top priority. For example, if you receive a CFPB Civil Investigative Demand from the CFPB, you will need to prepare the relevant personnel to meet with CFPB attorneys within 10 days. And you only have 20 days within which to decide whether to file a petition to modify or set aside the demand. If you fail to raise certain issues during the initial “meet and confer” process, or if you let the 20-day objection deadline pass, you will likely be deemed to have “waived” your right to challenge the CID. Extensions are rare, and companies should not expect leniency if they miss a deadline – no matter how onerous the federal government’s demands may be.

What is antitrust law?

Antitrust is a complex and constantly evolving area of the law that few companies fully grasp, but which can lead to significant civil liability (and even criminal prosecution) in the event of a substantial violation. At the federal level, antitrust cases are investigated by the Antitrust Division of the U.S. DOJ and the Federal Trade Commission (FTC), often with other state and federal law enforcement agencies. Like other federal authorities, the Antitrust Division and the FTC have broad jurisdiction over businesses that operate in the United States, and they have extensive powers that facilitate their investigation of companies suspected of engaging in federal antitrust violations.

What does it mean when you receive a civil investigative demand?

Receiving a civil investigative demand might mean that you are being targeted in a federal investigation. Or, it might not. Federal law enforcement authorities can issue CIDs to any individuals or entities that they have reason to believe might have information pertinent to a federal investigation.

What does it mean when you are not under investigation?

If you have received a CID and you are not currently under investigation, this generally means that the investigating agency believes you have information that could help to establish a third party’s civil liability. However, it is also possible for an entity that is not being targeted to become the target of an investigation as a result of its disclosure of information in response to a CID, and this is yet another reason why it is critical to hire the best legal counsel to advise you in all aspects of your CID response.

What is a legal hold in DOJ?

Upon receiving a DOJ Civil Investigative Demand, one of the recipient’s first steps should be to institute a “legal hold.” This is an internal, company-wide effort to preserve any documents (hardcopy or electronic) that could possibly be responsive to the government’s demand. Record custodians should be advised of the types of records that need to be retained, and all employees should be provided with clear instructions not to delete or destroy any records that may need to be disclosed. The legal hold should cover both day-to-day practices (such as deleting emails and files in the course of business) and automatic or regularly-scheduled purges.

What is a CID in civil litigation?

If you are familiar with routine civil litigation, you may see that responding to a CID is a very different prospect than responding to discovery requests in civil litigation. In civil litigation, laws, rules, and regulations place substantially greater limits on the information that can be requested, and litigants have far more options for challenging one another’s use (or misuse) of the discovery process.

What does it mean to receive a CID?

1. Receiving a CID Might Mean You Are Under Federal Investigation.

How do lawyers prove their case?

In a criminal case, a lawyer's task is to prove their case by using "proof beyond a reasonable doubt". In other words, it must be crystal clear to everyone that the accused is guilty through the evidence alone. Civil lawsuits have a far lower burden of proof. They require only a preponderance of the evidence.

What is the probability of the other party committing the wrong?

One side must show that there's a 51% chance that the other party committed the wrong. The differences in the standards of the burden of proof were on display in the O.J. Simpson trial. Simpson underwent criminal proceedings for the murder of his former wife and her friend.

What are the different types of civil litigation?

Civil litigation often falls under one of the following categories of law: 1 Housing law 2 Labor and employment 3 Antitrust 4 Environmental law 5 Intellectual property 6 Product liability

What is civil lawsuit?

A civil lawsuit is a private dispute between two parties. The dispute may include either two people or two groups. The lawsuit a court process that allows one party to hold a second party liable for an action, usually an action that wronged the first party. For example, in the Brown v.

What was the Brown vs Board of Education case?

Brown v. Board of Education (1954) was a Supreme Court case between Linda Brown and the Kansas Board of Education. The justices ruled that segregated schools were unconstitutional because the practice was in violation of the Equal Protection Clause of the Fourteenth Amendment of the U.S Constitution.

Do civil lawsuits fall outside of the criminal justice system?

Civil lawsuits fall outside the government's criminal justice system. Judges in a civil court don't have the same legal powers as criminal court judges. Both judges may compel an individual to perform reparations. However, while a criminal court judge may issue a jail sentence, civil court judges typically do not.

Is the average American familiar with the inside of a courtroom?

The average American is familiar with the inside of a courtroom not through personal experience but through popular media. They hear and see the supposed theatrics of criminal courtrooms and associate them with justice. Not all justice is criminal.

What is a civil demand letter?

What is a Civil Demand. A civil demand letter is a demand from a retailer, sent to a person who is caught shoplifting, asking that the person pay a sum of money to settle a possible civil claim against them by the merchant. Although the details and amounts permitted vary by state, a ll states have civil recovery laws that permit retailers them ...

What happens if you settle a civil demand?

Settling the civil demand will give you the peace of mind of knowing that you won't be sued, and that the demand won't end up as a debt on your credit history. If you reach a settlement agreement, make sure that the agreement is confirmed in a signed written document before you pay the agreed amount.

What happens if you know someone who has been caught shoplifting?

If you know a person who has been caught shoplifting - an act such as taking merchandise from a retailer without paying, retail fraud, or fraudulently paying less than the retail price due to an act such as price tag switching - that person may have received a civil demand letter from the store where the shoplifting incident occurred.

How much can civil demands be settled for?

Some civil demands can be settled for a relatively modest amount (such as $50 ) even if the amount demanded in the letter is much higher. Even if you are not inclined to pay the demand, you may benefit from trying to negotiate a modest settlement.

Can a merchant report a civil demand to credit bureaus?

Reporting the Demand to Credit Reporting Agencies: A merchant can report the unpaid balance of a civil demand to credit bureaus, causing it to appear as an unpaid debt on your credit report. This type of debt is not a consumer debt, and is thus not subject to the protections of the Fair Debt Collection Practices Act.

Can merchants sue for civil demand?

As all merchants have the option of suing, and some merchants are considerably more likely to take action than others, there is a risk involved in ignoring the demand. A lawsuit to collect a civil demand is significantly less likely in states in which a merchant cannot recover lawyer fees.

Can a civil demand go unpaid?

As a civil demand is issued independently of any criminal case, nonpayment can result in a possible civil suit but does not affect prosecution. There is a possibility that a merchant that has not previously reported a shoplifting incident to the police might do so if a civil demand goes unpaid.

What is a civil attorney?

A civil attorney, commonly known as a litigator, is a lawyer hired by a client to pursue or defend a civil lawsuit in a court of law. A civil lawsuit can arise in many different areas of law and often concerns the recovery of money or property. Civil attorneys specialize in a wide range of areas, including: personal injury law, employment law, ...

Can you sue someone for a non-criminal crime?

As mentioned above, someone can sue or be sued under almost any non-criminal theory of law. If you believe you have been wronged financially or otherwise, it would be ideal to hire a civil attorney to help you assess the merits of your case. Furthermore, if another person or business ever sues you, it is best to immediately consult ...

1. You are Getting a Divorce

The legal process of a divorce is dependent on the state in which you live. Some states are so-called “community property” states, where material goods are divided equally, no matter why a couple is getting divorced.

2. You are Dealing with Custody of a Child

A family law firm is going to offer services regarding unpleasant family situations such as guardianship, child support, child adoption or domestic abuse. A family attorney is also usually going to be able to handle divorce settlements or be able to recommend an attorney for that purpose.

3. You Need to Write a Will

The execution of a last will and testament is the stuff of thousands of dramatic TV shows and movies. But the reality is very close to the artistic, in that a contested will can break up a family if handled improperly. Dying without a will can leave a sticky mess for someone else who has to clean up any legal problem.

4. You Are Buying a House

In most cases, it is not necessary to hire an attorney to purchase a home. However, 22 states in the U.S. require that homebuyers are represented by an attorney.

5. You Have Been Injured in an Accident

You’ve seen the TV ads. Legal representation in cases of personal injury in a public place, including a car accident, or workplace is indeed essential if you have medical bills to pay due to the injury. A personal injury lawyer can also represent you in cases where your injuries (head trauma as an example) do not become evident immediately.

Why is a demand letter written by an attorney?

That’s often why it’s written by an attorney because you want to be very careful about what is said in a demand letter.

What happens if you don't respond to a demand letter?

Some people think if they don’t respond, the sender will go away. This is usually not the case — especially if the other party has retained an attorney. Respond and try to resolve the issue or you run the risk of going to court. And courts may not look favorably on those who simply ignore demand letters.

What does a demand letter mean?

1. A demand letter shows the other party you’re serious. 2. A demand letter is generally seen by the court as a sign of good faith. 3. The information in a demand letter may be used against you. 4. Sending a demand letter can save you money and time in the long run. 5.

Why do businesses send demand letters?

Commonly used by businesses, demand letters are often sent to demand money owed or restitution , but they can also be used to demand specific actions.

Why do we need demand letters?

They can expedite a successful outcome and avoid costly litigation. Even if you do end up filing a lawsuit, a demand letter shows the court that you reasonably tried to work with the other party to settle the problem.

How long does it take to settle a lawsuit?

A lawsuit often takes months, if not years. Fifth, don’t ignore a demand letter.

Do you have to write a demand letter to an attorney?

A demand letter does not have to be written by an attorney but a letter coming from a law firm is generally taken more seriously and will provide the protections listed above. 5. Never ignore a demand letter. If you receive one, contact your attorney immediately.