Business Litigation
For small to medium business owners, the words business litigation is often viewed as equivalent to increased stress and strain over the next few months or year. Larger corporations often have the services of a business lawyer on speed dial since there are many operations which the business lawyer overseas. However, many small business owners hire occasional outside help, but try to handle as much as they can in house in order to cut costs and save money that can help the business grow. In these cases, acquiring the services of a business lawyer is one of the first steps in trying to alleviate the business litigation headache that is fast approaching.
Some type of conflict is at the heart of every business litigation case. If there is a mobile plumbing service company in Orange County, business litigation could easily be the result of a car accident involving a company vehicle or damages that occurred after services were provided. In both of these cases, the company may not be at fault, but in order to determine that, the business litigation proceedings need to be observed. Most small business owners have a basic knowledge of such matters, but lack the expertise that could bring a more favorable outcome for their case. Having a business lawyer who understands the inner workings of the law is important before moving forward with the case.
A petition is the beginning step in almost any business litigation case. This paper identifies the parties that are involved in the suit. The plaintiff is the one who filed the suit and initiated the business litigation proceedings. The defendant is the party with which the plaintiff has the complaint. Within this document, there is a brief listing of background facts and events that led to the instigation of the suit in the first place. This provides needed information to the defendant since in some cases, the presence of the suit can come as a surprise. Along with identifying the legal grounds on which the suit is based, it also identifies what the plaintiff wants to gain or achieve through the business litigation proceedings. This is also needed information in case a settlement is the best course of action for the situation.
The citation comes with the paperwork regarding the petition. It acts as the official notice that proceedings regarding the case are being undertaken. It serves as the official notification that can be verified by the court system as well. It can be served by a constable or private investigator who is chosen to act on the courts behalf to make sure all parties are aware of the pending issues and potential judgments. There is usually a day and time assigned for the parties to appear in court that is included in the citation. Since it has been officially served to the people involved, if a person fails to appear before the court, it is viewed unfavorably.
When the petition and citation are received regarding business litigation, it is important to get in touch with a business lawyer promptly in order to begin filing an answer. In some locations, the person who has been served must file an answer within the first Monday after 20 days of receiving notification. If there is no answer filed, then the court can assume that the allegations of the plaintiff are true and base their decision of the facts presented by that side alone. It is best to avoid this and obtain the help of a business lawyer in order to get the most positive outcome for the company and present all the needed facts regarding the situation.