Civil Litigation

Civil lawsuits encompass everything that is not covered by criminal law.   With such a huge range of cases, civil lawsuits can be overwhelming and confusing for clients.  Patterson Law Offices assists clients with disputes with home improvement contractors.   Patterson Law Offices can also assist client with contract disputes.   A contract dispute can arise from a written contract, an oral contract or a situation where a benefit was received by a party with compensation to the person who performed the benefit-conferring act.   Civil suits seeking damages under $5,000 are handled by the small claims division.   Civil suits with damages over $5,000 are handled by the general civil division.  Lawsuits seeking injunctive relief are also handled by the general civil division.  Such suits are lengthy and complicated, often involving several phases of litigation.

The first phase of litigation is effectuating service.  To start a civil case, the Plaintiff must serve the Defendant.  The two most typical methods of service are by certified mail, return receipt requested or by personal process server.  Personal process service is the preferred method.   This phase may also involve the retention of a private investigator to conduct a background search or a skip trace.  A skip trace can recover the contact information for a defendant.  Properly serving the Defendant is a typical stumbling block for pro se litigants.  Legal assistance is indispensible when service is an issue.   A thorough skip trace may also recover information about the Defendant’s assets. Financial information is particularly important for enforcing a judgment, assuming the Plaintiff is successful. 

The second phase of litigation is discovery.  At this phase, the parties are responsible for gathering as much information about the case and the litigants.  Information may be obtained by interrogatories, documents, subpoenas or depositions.  

Although settlement can occur at any time in litigation, it is most common after discovery has been conducted.   Settlement is more common at this point because all parties have a better perspective of the lawsuit, particularly the likelihood of success or failure given all the information gathered during the discovery phase. 

If the case is not settled, the next phase of litigation is trial.  Trial is where the parties present their cases or defenses in front of a judge or jury.   Presenting a case involves witness testimony, document presentation and oral arguments by the attorneys.  

The final state of litigation is the judgment phase.   This phase ensures that the outcome at trial is properly reduced to a judgment.  Ensuring the judgment is properly entered and recorded is imperative in order for the prevailing party to enforce their judgment. 

Enforcement of a judgment is considered a “post-judgment” activity and is typically handled as a separate case.

Patterson Law Offices is well-versed in civil litigation and can assist client in their civil actions in both litigation and post-judgment phases.