This matter would be brought in the Special Civil Part Section of the Law Division of the County Court where the debtor resides. The said attorney would provide several collection causes of actions. Please also remember the attorney will request a retainer amount to file a Complaint, go to Court, resolve it or have it tried.
This type of debt would be brought in the Special Civil Part because of the amount being sued. The courts have do it yourself forms you can fill out on your own. As far as whether you have a case, you need to speak to a lawyer who handles small claims cases to determine whether you have a case.
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.
Business Lawyer (litigation or transactional) Many business owners assume they need a “business lawyer,” whatever the nature of the legal problem they’re experiencing. In fact, “business law” is too broad a category to be meaningful.
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.
Defamation lawyers are a subset of civil litigation lawyers. 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.
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.
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.
You want a divorce. You want custody of your kids. Your ex-wife wants an increase in her spousal support and you’d rather not give it to her. You’re getting married and you want to ensure you won’t lose half of everything you own if you ever get a divorce. If your legal needs involve family relationships and obligations, you need 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.
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 ...
Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.
This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.
Also known as corporate lawyers, business lawyers are legal eagles who cover a more full range of expertise in building, managing, maintaining, transferring and dissolving a business. Lawyers in this area of practice deal with the formation of the company, employment contracts, tax compliance, acquisitions, and mergers.
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.
Technically, all areas of law already mentioned on this list may also be considered civil litigation cases. This is why a civil litigation lawyer is regarded as a general lawyer. However, their primary work comprises handling cases involving a breach of contract. While this may seem simple compared to other areas of law, contract disputes can be a tedious process. So, it will pay to hire an excellent civil litigation attorney who can easily spot the finer details of the case.
A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.
The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.
Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.
Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.
If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.
The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.
Doctors do occasionally make mistakes, and if you’re facing the consequences of a medical mistake such as a medical misdiagnosis or inaccurate treatment, a lawyer who specializes in medical malpractice issues can be particular helpful.
This fee will vary depending on the court in which you file. If you file in small claims, the fee may be under $100, but you can expect to pay several hundred dollars to file a regular civil court lawsuit. If you can't afford to pay the filing fees, you may be able to fill out an application to have the fees waived.
The court won't collect the money for you. If you've assessed your options and decided you want to file a lawsuit for money you're owed, the basic process is the same throughout the country, although specific procedures vary considerably depending on the court you need to use. Steps.
If someone owes you money and won't pay up, you might consider filing a lawsuit to have a judge order them to pay it. However, you should keep in mind that filing a lawsuit – even in small claims court – can be a lot more complicated than it might appear in daytime television shows such as People's Court. Beyond that, a court's order only gives you ...
If you loaned someone money, be prepared that he or she may try to claim that the money was a gift rather than a loan. Any proof you may have that it was in fact a loan will go a long way. For example, suppose you loaned a friend $1,000 to get repairs done on his car.
The summons tells the defendant that he or she must appear in court, and provides details on how to respond to the lawsuit. The certificate of service tells the court how you intend to notify the defendant of the lawsuit. Once you've finished everything, make copies of each document you're filing with the court.
Typically the defendant has between 20 and 30 days to file his or her written answer.
If they don't want to appear in court, you typically have the option of having the court issue a subpoena that will force your witnesses to appear.
Before you make the decision to ask the court to decide an estate dispute (and tell your family that you’re going to sue them), explore the options for other potential resolutions. This approach requires talking with an experienced estate litigation attorney.
Legal counsel representing both sides of the case charge fees. But there is more than just attorney’s fees to consider. A court action involves court costs, as well as expenses relating to gathering evidence, such as taking witness depositions and using expert witnesses (which is necessary in some cases).
There are a number of legitimate reasons for challenging an estate, including: Problems with the validity of a will or trust based on legal requirements for execution; Issues of undue influence over the deceased person; Questions relating to the deceased individual’s legal capacity; or. Concerns about fraud or forgery.
Estate litigation involves a complex legal process. It can take years to resolve the issues. While the litigation is pending, costs add up for the estate and for the person initiating the action.
A court action involves court costs, as well as expenses relating to gathering evidence, such as taking witness depositions and using expert witnesses (which is necessary in some cases). Over time, the costs and fees add up. Those expenses decrease the assets in the estate.
When a loved one dies, individual family members may be surprised and disappointed at how the deceased individual decided to distribute his or her estate. However, disappointment — or even shock — is not enough to establish a basis for a court action.