Posted on May 07, 2009 in Business Law
Unfortunately getting involved in business litigation can be expensive. Many lawsuits take a year or more to get resolved. It is important to be aware of the wear and tear on the litigants, including the legal fees and other expenses associated with a lawsuit–court filing fees; sheriff/constable fees; depositions; investigators if necessary. All of those expenses get paid out usually before either the Plaintiff (party suing) or the Defendant (party being sued) recover any money they are seeking. Just because a party is being sued, does not mean that the party cannot turn the tables and countersue the Plaintiff. We do everything we can to try and avoid having our clients involved in litigation, because usually the only "parties" who make out well, are the Lawyers. However, sometimes parties are stubborn or want to make a point on "principle" and rather than resolve a matter on a reasonable basis, insist on litigating. We try to be as informative as possible regarding our clients chances of being successful, be they Plaintiff or Defendant. Getting involved in litigation should be everyone’s last resort. We have handled all kinds of civil actions in Courts throughout Massachusetts including the District Court as well as the Superior Court. If one is looking for the quickest resolution of a claim, they are usually better off filing suit in the District Court. However, any claim that is filed in the District Court that has a value in excess of $25,000.00 can be dismissed at the request of the Defendant, forcing the Plaintiff to refile the claim in the Superior Court. Depending on what the claim is all about, sometimes its appropriate to try and attach the Defendant’s bank account or real estate; both of which require the approval of a Judge. Just because a party obtains a Judgment, it does not mean that the "litigation process" is over, for in many instances, it is just beginning. What good is a Judgement if you cannot collect on it? Therefore after a Judgment is obtained, sometimes it becomes necessary to file suit on the Judgment. In Massachusetts, Judgments collect interst at the rate of 12% a year, which is better than what the banks pay! We provide all the services clients need to litigate, though we will also do whatever we can to minimize our time and fees by trying to amicably resolve disputes.