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GENERAL CIVIL LITIGATION
The difference between
a good attorney and an excellent attorney often lies in the ability to
effectively prepare cases for trial starting from the very first day on
the job. At the Law Office of James M. Thomas Esq. PA, our attorney(s)
are experienced litigators who have taken many cases to court. Excellence
in litigation not only ensures that your rights will be protected in the
courtroom; it also provides a distinct advantage in settlement
negotiations. If the other side knows that your law firm and your attorney
has a reputation for aggressively prosecuting or defending your case in
Court, they may be more inclined to offer a reasonable settlement before
trial.
Our civil litigation
practice includes commercial litigation, contract disputes, lemon law
prosecution, and contractor malfeasance. Our civil litigation attorney(s)
have represented professionals, individuals, and businesses throughout the
Tampa Bay Area in their disputes in civil court. They have earned a
reputation as attorneys who consistently strive for the best possible
outcome in any case.
SO
WHAT IS THE PROCESS IF YOU WANT TO SUE OR IF YOU ARE BEING SUED?
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What is a civil action anyway?
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What should I do
if I am "served" with a legal document?
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What does
"served" or "being served" mean?
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Am I required to
hire a lawyer to start or defend a lawsuit?
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If I win my case, does the other party have to pay for my legal fees?
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Why should I consult the
Law Office of James M. Thomas
Esq. PA?
What is a civil action anyway?
A civil action is any
legal action in court that is not a result of criminal conduct. Civil
actions are between people or corporations and criminal actions are
between the State and the accused. Examples of civil actions are debt
claims, motor vehicle accidents, divorces, adoptions, contract disputes,
foreclosures, and probate. The persons involved in a civil action are
called the Plaintiff or Petitioner and the Defendant or Respondent.
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What should I do if I am "served" with a legal document?
If the document you
receive is a "Statement of Claim", a "Summons", or a "Petition" or
“Complaint”, you must take quick action if you want to dispute the claim
or the action sought and follow the instructions on the Summons.
Do not ignore any of
these documents. If you do, the other side may obtain a judgment against
you. A judgment entered against you will appear on the public record and
may cause a host of other problems such as a derogatory mark on your
credit report. You should immediately seek legal advice if you receive
any legal documents by contacting the Law Office of James M. Thomas Esq.
PA at 1.866.503.8200.
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What does "served" or "being served" mean?
The formal process by
which a party named in a legal action receives a copy of the legal
documents filed to start or to defend a legal action is called "service"
or "being served".
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Am
I required to hire a lawyer to start or defend a lawsuit?
No, you are not
required to do so, however, civil litigation is a complex process for
persons who have not been trained to deal with the intricate and
complicated procedures and strategy required in a lawsuit setting.
Attorney(s) at the Law Office of James M. Thomas Esq. PA have been trained
to effectively plan and deal with these issues. The other side probably
has a lawyer managing their case and therefore it is wise and prudent for
you to level the playing field by hiring your own lawyer.
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If I win my case, does the other party
have to pay for my legal fees?
There are circumstances
where this may be true. Your attorney can advise you if your circumstance
is one where the other side may be required to reimburse you for the
attorney fees and costs you have expended in litigating your case.
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Why should I consult
the Law Office of James M. Thomas Esq. PA?
Your lawyer is your
advocate who will conduct matters with your best interests in mind. Your
lawyer can advise you of:
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Any limitation dates that might affect your right to
proceed with a civil action; |
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The proper court and documents needed to start the
action; |
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Your legal position and any claims or defenses that
should or must be made; |
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The time limits at each stage of the process; |
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Any interim orders needed to protect your interests; |
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The need for any expert advise; |
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Your chances of success or failure, and whether
settlement should be accepted; |
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Whether an appeal should be taken; |
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Ways of enforcing your court order in the event you
prevail.
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Your Attorney at the Law Office of
James M. Thomas Esq. PA can:
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Draft the necessary pleadings; |
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Arrange for the proper filing and service of the
documents on the other party; |
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Take necessary steps to protect your position until
settlement of the matter or a judgment is entered; |
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Conduct necessary investigations and retain experts
if needed to support your case; |
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Help prepare you for the examinations for discovery
and testimony at trial; |
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Conduct examinations of discovery of the other party
and obtain and review its documents and other evidence; |
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Manage and present your evidence at trial and monitor
the presentation of your opponent’s evidence to enforce compliance with
court rules.
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YOUR
INITIAL CONSULTATION ON ANY CIVIL LITIGATION MATTER IS
ALWAYS FREE
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