Right of Survivorship

A common key feature of a joint bank account is the right of survivorship.  When one joint owner dies, the surviving owner automatically takes ownership of all funds in the account.  The funds pass to the surviving account owner outside of the estate, so the right of survivorship controls over any terms in the decedent’s will.  The clarity provided by the right of survivorship in joint bank accounts can be helpful to surviving spouses and family members responsible for administering an estate.

Ownership of Joint Accounts

Despite the clarity surrounding survivorship rights, a common misconception about ownership of joint account funds can lead people into trouble.  Ownership of a joint bank account is shared between two people.  However, even though they share ownership of the account, the account holders do not necessarily share ownership of the funds in the account.  In other words, the mere presence of funds in a joint account does not mean that the funds are owned jointly.  This distinction may seem like semantics, but it can significantly impact the use of the account funds.

Here, context is everything.  In determining the owner of funds in a joint account, North Carolina courts will observe who deposited funds into the account, the source of the funds, and the intent of the depositor, among other factors.

In many cases, funds deposited in a joint account are intended for shared ownership.  For example, if the account holders are married and the funds deposited are earned income to be used for ordinary household expenses, ownership may be shared evenly.

In other cases, funds remain the sole property of the depositor despite being held in a joint account.  Where a daughter is helping her elderly father manage his finances, they may open a joint bank account funded by the father’s assets.  In that scenario, the father would typically maintain ownership of the funds during his lifetime despite sharing ownership of the account with his daughter.

However, many cases are less clear and present a challenge for family members evaluating the transactions completed by the joint account holders.

Ripe for Abuse

Let’s imagine an aging man who finally asks for his dutiful eldest daughter for help in managing his affairs.  The father converts his checking and savings accounts to joint accounts with right of survivorship with his daughter to give her full access to his accounts and authority to make payments.  The father’s social security payments are deposited directly into the joint checking account, and she pays his monthly expenses with the joint accounts.  The daughter takes over managing his finances and scheduling, drives him to doctor appointments, does his grocery shopping, and cleans his house.

Over time, the daughter begins to add a few extra items for herself to the grocery list and fills up her gas tank with her father’s funds.  Then she begins writing checks to herself from the joint account – perhaps intended as “reimbursements” for her expenses or even her time.  The daughter considers her right of survivorship in the account and her father’s plan to pass the funds in his joint accounts to her.  She wrongly believe that her status as joint owner of the account gives her the right to spend the money however she wants.

One day, her siblings decide to meet and discuss her father’s diminished mental capacity and his finances.  The siblings are concerned about the numerous transactions in the joint account.  Did he approve the use of funds for her benefit?  Did he intend for those checks to the daughter to be gifts?  How much did he understand?  Did he even know about the transactions?  And what about the decision to liquidate an investment and move money into the joint accounts?  Did he really intend for those funds to pass directly to the daughter by right of survivorship upon his death?  The siblings are left in the unenviable position of evaluating their sister’s conduct without the benefit of their father’s input.

Hopefully, it is clear that a joint account intended for use by only one of the owners is ripe for abuse.

Liability for Misuse of Funds

When one account owner withdraws or spends joint account funds without the joint owner’s knowledge or consent, he may be liable to the owner for misusing those funds.  When evaluating the management of a joint account, one must consider who owns the funds, whether the owner approved of the use of funds, and whether the funds were used in the owner’s best interest.  These matters are particularly challenging when the owner’s mental capacity was diminished, and they often involve family dynamics and relationships are just as important to the parties as any monetary outcome.

At Miller Monroe Holton & Plyler, our attorneys have experience prosecuting and defending claims involving the misuse and conversion of funds in joint bank accounts, as well as similar claims involving abuse of powers of attorney and breaches of fiduciary duty by guardians, estate administrators, and trustees.  We appreciate every opportunity to aid individuals navigating such difficult circumstances and seeking to protect a family member.

The post Misuse of Joint Bank Accounts by a Family Member appeared first on Miller Monroe Holton & Plyler.

All too often, our commercial litigators sit down with a potential client to learn of allegations of fraud against a business partner, employee, or fiduciary.  While an actual fraud claim is obvious in these instances, a constructive fraud claim can be much more powerful.  A constructive fraud claim is based on the exploitation of a position of trust rather than a specific misrepresentation.

The clearest benefit of proving constructive fraud is the time period in which the claim must be filed.  A fraud claim has a 3-year statute of limitations, meaning that a claimant can only recover for damages resulting from fraudulent conduct that occurred in the 3-year period starting when the claimant knew or should have known about the conduct.  On the other hand, there is a 10-year statute of limitations on constructive fraud claims.  This can be critical in cases of employee or partner embezzlement where the instances of fraud can span several years.

Another benefit of a constructive fraud claim relates to a shift in the burden of proof, which can make or break a case.  When a person who stands in a confidential or fiduciary role obtains a personal benefit from that relationship, there is a legal presumption that a constructive fraud occurred.  This means that a defendant must present sufficient evidence to overcome a legal presumption of wrongdoing in order to avoid liability.

To show constructive fraud, a claimant must present evidence that (1) a confidential or fiduciary relationship existed which (2) led up to and surrounded the consummation of a transaction in which the defendant is alleged to have taken advantage of his position of trust to the detriment of plaintiff.  The key issue in these cases is often whether the fraudulent actor stood in a confidential or fiduciary relationship with the claimant.  While potential clients often assume that they stand in a fiduciary relationship with their business partners or family members, this is not always the case.  The particular roles and responsibilities, ownership stakes, and other factors must be carefully considered.

A constructive fraud claim can be very powerful, but requires a litigator who understands how to plead these claims, discover facts and documents to support these claims, and how to present this evidence to a judge or jury.  The attorneys at Miller Monroe Holton & Plyler have substantial experience litigating constructive fraud and other complicated commercial claims.  We have the expertise needed to effectively prosecute these claims.  If you or someone you know has been damaged by the conduct of a business partner, fiduciary, or someone in a position of trust, call Miller Monroe Holton & Plyler today.

The post Fraud Claims Against a Business Partner, Employee, or Fiduciary appeared first on Miller Monroe Holton & Plyler.

During the pendency of the criminal case, Michelle’s mother, Linda Fisher, filed a wrongful death action against Jason Young on behalf of Michelle’s estate.  On March 16, 2009, default judgment was entered in the amount of $3,893,276.10 in compensatory damages, plus interest, and $11,679,828.30 in punitive damages.  Jason Young’s attempt to have the wrongful death judgment discharged in bankruptcy were unsuccessful.  Except for a small credit for an equity interest in a property sold at an execution sale, no payment was made on the judgment.

Civil judgments expire after ten years in North Carolina; however, an action on a judgment (a new lawsuit) may be filed to “renew the judgment” for another ten years.  The attorneys who represented the estate in the original action are no longer practicing law.  Consequently, Meredith Fisher Vanterpool, Michelle’s sister and the legal guardian of Michelle’s daughter, needed new counsel to file the action on the judgment.

Miller Monroe Holton & Plyler agreed to file the action on behalf of Michelle’s daughter, the sole beneficiary of the estate, through Meredith as the guardian ad litem.  Michelle’s estate had been closed for years.  Jason Young’s attorney asserted two arguments in support of a motion to dismiss the new action: 1) that Jason Young’s daughter was not the real party in interest; and 2) that the debt had been discharged in bankruptcy.  Superior Court Judge Andrew T. Heath rejected both arguments and denied the motion to dismiss.

By order dated August 5, 2019, Superior Court Judge A. Graham Shirley granted the plaintiff’s motion for summary judgment and entered a new judgment against Jason Young.  The new judgment totals over $28 million.

The post Miller Monroe Holton & Plyler Obtains Judgment Against Jason Young – $28 Million appeared first on Miller Monroe Holton & Plyler.

There is a lack of consensus among lawyers about the correct time to schedule the mediation.  According to recent studies, delaying the mediation even for a short time decreases the likelihood of settlement.  There are many factors at work, but generally the investment in the litigation and the level of contentiousness between the parties grows as the case goes forward.

In a previous article, I reviewed the use of the pre-litigation mediation tool.  Whether required by contractual clauses or proposed by lawyers who know their clients can benefit from trying to resolve disputes before they incur the time, expense, emotion and distraction of litigation, early mediations are becoming much more of a “norm” than ever before.  Mediation is a reality in most civil superior court cases, so is it worth taking a shot to resolve a dispute before the parties dig deeper into their pockets and positions?

The obvious advantages to early mediation include the relatively small amount of time, fees and costs invested, with the potential of a prompt resolution.  Pre-litigation mediation has the advantage of the confidential nature of the proceedings as opposed to the public record of court proceedings.  The parties may not want to air their dirty laundry, or may not want their competitors, customers or employees to find out about the issues.

Even early in litigation, studies suggest that cases referred to mediation at an earlier stage are more likely to be settled than the cases that advanced to the pre-trial stage.  Preparation for an early mediation is key, as the parties have typically not conducted much discovery.  Lawyers may need to flesh out the key facts and provide evidence or documents and legal precedent for the mediation and should be prepared to share their positions.  A bonus is that, if the pre-litigation or early mediation is unsuccessful, the lawyers are better prepared to draft a complaint or answer without extensive additional investigation, or in some circumstances, the mediator can adjourn the conference until the necessary questions are answered in the case.

Paul T. Flick is a NCDRC Certified Superior Court Mediator at Flick Dispute Resolution in Raleigh, North Carolina

About Miller Monroe Holton & Plyler

At Miller Monroe Holton & Plyler, our attorneys have helped many clients resolve their disputes throughout alternative dispute resolution before a lawsuit is ever filed.  We recommend engaging experienced counsel if you are involved a dispute that may lead to litigation, so that you can effectively navigate the process.  Contact us today for a consultation, or click here to learn more about our practice areas.

The post The Earlier The Mediation, The Better appeared first on Miller Monroe Holton & Plyler.

Some of the advantages to pre-litigation mediation are obvious and some are not.  The obvious advantages include the relatively small amount of time invested, with the potential of a prompt resolution, the limited attorney fees and costs incurred, and the possibility of avoiding the uncertainty of a judge, jury or arbitrator.  One less obvious advantage is the confidential nature of the proceedings as opposed to the public record of court proceedings.  The parties may not want to air their dirty laundry, or may not want their competitors, customers or employees to find out about the issues.   Another less obvious advantage is the possibility of protecting a business or personal relationship between the parties that a contested lawsuit could destroy.  A skillful mediator can facilitate communication designed to resolve the dispute, without creating on-going ill will that typically accompanies our adversary system in litigation.  It allows a problem to be solved without assigning a “win” or “loss” label.  And perhaps what should be obvious but is not always, the advantage of the parties fashioning their own remedy and being allowed to be creative in doing so.  There may be more ways to solve the issues than the exchange of money, if the parties’ interests and “hot buttons” in the dispute can be addressed.  Many business disputes can be better resolved without relying on an expert witness to determine the “value” of a claim.

Of course, the form and rules used in mediation matter.  Mediation is generally an informal process that encourages parties to reach a settlement agreement of a dispute through the use of a third party neutral.  The parties generally control the decision making as the mediator attempts to provide open lines of communication and understanding to resolve the dispute.  The Mediated Settlement Conference Rules under N.C. Gen. Stat. §7A-38.1 and the local rules establish the selection of the mediator, the timing, attendance, fees, the mediator’s duties and confidentiality, among other things.  It would be wise for the parties to adopt those Rules or to agree on the applicable rules prior to undertaking the mediation, particularly as to confidentiality and the memorialization and enforcement of any settlement that is achieved.

Preparation for a pre-litigation mediation is required.  In the usual Mediated Settlement Conference, the lawyers have often conducted discovery and usually know their cases well.  With pre-litigation mediations, the lawyers may need to flesh out the key facts and legal precedent in preparation for the mediation and share their positions.  Mediation is the best chance to help each side understand that there are two sides to every story.   The preparation for a pre-litigation mediation is also the time to manage the client’s expectations so that valuable communication and understanding can take place.  A bonus is that if the pre-litigation fails, the lawyer is prepared to draft a complaint or answer without extensive additional investigation.

Of course, for any mediation to be successful, the parties must want to resolve the issues between them and believe that mediation is a possible vehicle to do so.  Lawyers should be more open to the alternative dispute resolution available in pre-litigation mediation, without any preconception that it is a showing of weakness or strength, but rather embrace it as an opportunity.

Experienced Litigation Attorneys

At Miller Monroe Holton & Plyler, our attorneys have helped many clients resolve their disputes throughout alternative dispute resolution before a lawsuit is ever filed.  We recommend engaging experienced counsel if you are involved a dispute that may lead to litigation, so that you can effectively navigate the process. Contact us today for a consultation, or click here to learn more about our practice areas.

This article does not establish an attorney-client relationship and must not be construed as legal advice.

The post MEDIATION BEFORE LITIGATION? appeared first on Miller Monroe Holton & Plyler.

Many clients are surprised to learn that obtaining a judgment is not the end of the story in litigation. Even lawyers fall into the trap of celebrating a large verdict or favorable judgment before a judgment is actually collected.  The often disappointing reality, particularly in commercial litigation, is that a judgment is sometimes only the tip of the iceberg.  The post-judgment collection process is often complex, extensive, and fraught with frustrations ranging from minor challenges, such as a judgment debtor’s relocation, to significant obstacles, including a judgment debtor’s insolvency, bankruptcy, or artful service-dodging.  At times, simply serving the judgment papers will rattle a party into writing a check.  However, the more common scenario is a prolonged hunt for assets that may ultimately leave the judgment creditor empty-handed.

Understanding the basics of judgment execution is critical in creating realistic expectations about the prospects of collection.  The first step is to ensure compliance with the judgment debtor’s rights.  Hearkening back to the foundational principles of property law, an individual’s right to use, enjoy, and retain his own property is sacred and spans all practice areas.  As such, the law allows a judgment debtor to designate certain property as exempt from a civil judgment.  All states have their own exemption laws that apply to a judgment debtor’s property located in that state.  In North Carolina, there are several items an individual can protect from the judgment’s reach. A few examples include:

• Up to $35,000 in a residence and burial plots. If the individual is unmarried and 65 or older, he or she may designate the same in an amount up to $60,000.
• Up to $5,000 in personal property – including household goods and appliances – and an additional $1,000, but not to exceed $4,000, for dependents.
• Up to $3,500 in a motor vehicle after deduction of valid liens or security interests.
• Healthcare aids such as wheelchairs and hearing aids.
• Up to $2,000 in professional books or tools.
• Life insurance policies where the sole beneficiaries are the spouse and/or children.
• Retirement accounts.

In the case of an individual judgment debtor (as opposed to a corporate judgment debtor), the judgment creditor is required by law to serve the judgment debtor with a formal notice of the right to designate exemptions.  From the date of service of the notice, the judgment debtor is allowed twenty days to designate exemptions.    The judgment creditor is entitled to challenge the exemptions by filing a Notice of Objection with the Court in the county where the case was heard. However, there are narrow circumstances in which the Court will uphold a judgment creditor’s objections, for instance, if the judgment debtor designated more property than the law allows.

Once the exemption period expires, the judgment creditor may file for the issuance of a writ of execution in each county in which the judgment debtor is believed to own assets.  In counties other than the county in which the judgment was entered, the judgment creditor must pay a small fee to transcribe the judgment in that county.  The Clerk of Court in each county in which the judgment has been transcribed will then issue the writ of execution.  The writ gives the Sheriff’s Office in each county the authority to execute the judgment, which entails formally serving the writ of execution on the judgment debtor and locating and seizing non-exempt property.  The Sheriff may clear bank accounts, seize motor vehicles, place a lien on a home, and collect personal items and effects.   Unlike other states, however, North Carolina does not allow a creditor to garnish wages except in certain rare situations (for example, child support).  If the judgment attaches to a motor vehicle or other personal property, the Sheriff’s Office may sell the property and use the proceeds from the sale to pay off all liens against it, including the judgment.  A judgment can also attach as a lien on a house, which will render it unsaleable until the judgment is satisfied.  This can give the judgment creditor leverage in forcing the judgment debtor to satisfy a judgment.  However, it is not always easy to find property that is unencumbered or valuable enough to satisfy a judgment.  Therefore, often the most efficient way to satisfy a judgment, aside from the judgment debtor writing a check, is to locate a non-exempt bank account with sufficient funds to satisfy the judgment.

A judgment is valid for up to ten years.  If a judgment debtor acquires new property in the counties in which the judgment has been entered or transcribed, the judgment will automatically attach to that property.  However, it is important to understand that a judgment may never be satisfied.  If the judgment debtor has several other judgments against him/her, any seizable assets will be subject to a priority battle among the various creditors.  Additionally, many corporate judgment debtors may dissolve, file bankruptcy, or transfer or hide assets, while debtors who are individuals may dodge the judgment by relocating to another state.  A skilled attorney will conduct the research necessary to assess the likelihood of collecting on a judgment and will advise you of these risks prior to initiating litigation.

Given the inherent challenges in judgment execution, it is critical to engage attorneys who will diligently and tenaciously pursue collection.  A skilled attorney will take an active role in judgment collection by routinely investigating the status of the judgment debtor’s assets and liabilities and communicating with the Sheriff’s Office in the relevant counties regarding what property might be available and subject to seizure.  At Miller Monroe, we understand that post-judgment collection requires as much diligence as litigating a case.  We have successfully collected on numerous judgments in and out of bankruptcy, and we will take an aggressive role in enforcing a judgment in your case.  We will also guide you through an honest and transparent cost/benefit analysis where we believe collection is unlikely. When hiring a litigator to handle your commercial litigation matters, we would strongly encourage you to inquire about the firm’s experience in enforcing judgments as part of your due diligence process.  It is critically important that your attorney be well-versed in litigating the underlying case, but also in pursuing assets necessary to fulfill a judgment in the event that you prevail.

The post In case you missed it: Quick facts on enforcing your civil judgment appeared first on Miller Monroe Holton & Plyler.

North Carolina has adopted the Uniform Enforcement of Foreign Judgments Act, which applies in all but a few states and sets forth the guidelines attorneys or judgment creditors must follow in executing on a foreign judgment. While the detailed legal requirements of the Uniform Enforcement of Foreign Judgments Act can be found at N.C.G.S. § 1C-1701, we have broken the process down into four simple steps:

1. File an authenticated copy of your judgment. Judgment creditors must obtain an original, signed, physical copy of the judgment to file in any North Carolina county in which the judgment debtor resides or has real or personal property.
2. Prepare and file an affidavit. Along with the judgment, the attorney or judgment creditor must file a sworn statement that the judgment has not been satisfied in full.
3. Serve the judgment debtor. The attorney or judgment creditor must serve the individual or corporate judgment debtor with a copy of the judgment, affidavit, and a formal notice that the judgment was filed in the applicable counties. The purpose of this step is to ensure that the judgment debtor has notice that the judgment may be executed on its North Carolina property, and to provide the judgment debtor with an opportunity to respond or object to the judgment.
4. Wait 30 days. The judgment debtor is afforded 30 days from the date of service to file a motion for relief from the judgment in the applicable North Carolina counties. If this happens, the judgment creditor will be required to petition the court for an order allowing execution of the judgment.  If not, the judgment creditor is permitted to proceed with executing the judgment in the normal manner.

While this process appears straightforward, it does not always proceed smoothly and can be fraught with various complications such as a judgment debtor’s bankruptcy or relocation to another state.  Particularly in the case of individual judgment debtors, the law imposes various restrictions on creditors in an attempt to protect the judgment debtors’ rights.  It can be difficult to weather unexpected challenges while trying not to run afoul of various sets of laws that protect debtors. As such, it is helpful to engage an experienced attorney to help you navigate the process.

At Miller & Monroe, we have the experience and skill to help you navigate these complicated waters.  Our Raleigh lawyers have enforced civil judgments throughout North Carolina for our business and individual clients.  If you need help collecting a business debt or consumer debt, or enforcing a judgment against a business or individual, please contact us today and setup a consultation to discuss your options.

 This article is not intended to constitute legal advice and does not create an attorney-client relationship.

The post Domestication de-mystified: Four Steps for executing on your foreign judgment in North Carolina appeared first on Miller Monroe Holton & Plyler.

Business North Carolina magazine honors Tar Heel lawyers by publishing Business North Carolina’s Legal Elite, a listing of the State’s top lawyers in business-related categories. Winners are chosen not by the magazine’s editors, but by the state’s lawyers. In developing the list, Business North Carolina made ballots available to more than 20,000 Tar Heel Lawyers and only 3% were selected for Legal Elite.

Jason A. Miller has litigation experience in state and federal courts throughout North Carolina and beyond. He has represented Fortune 500 companies in complex business litigation matters, builders and developers in real property disputes, information technology companies in trade secrets disputes, partners in closely-held company disputes, investors in business deals gone awry, and dozens of cases in between. Jason has litigated matters in more than a dozen counties in North Carolina and is licensed to practice in every state and federal court in North Carolina. Most recently, Jason became licensed to practice law in his home state of New York.

Jeffrey R. Monroe commenced his legal career in the Raleigh office of a mid-sized insurance defense firm, where he handled a variety of litigation matters throughout the state, including defending individuals and companies in personal injury claims, construction defect claims, and business disputes. Since joining Miller & Monroe in 2013, Jeff has litigated business disputes, estate and fiduciary disputes, personal injury claims, and a variety of other civil litigation matters.

The post Jason Miller and Jeff Monroe Named to 2017 Legal Elite List. appeared first on Miller Monroe Holton & Plyler.

Business North Carolina magazine honors Tar Heel lawyers by publishing Business North Carolina’s Legal Elite, a listing of the State’s top lawyers in business-related categories.  Winners are chosen not by the magazine’s editors, but by the state’s lawyers.  In developing the list, Business North Carolina made ballots available to more than 20,000 Tar Heel Lawyers and only 3% were selected for Legal Elite.

Jason A. Miller has litigation experience in state and federal courts throughout North Carolina and beyond.  He has represented Fortune 500 companies in complex business litigation matters, builders and developers in real property disputes, information technology companies in trade secrets disputes, partners in closely-held company disputes, investors in business deals gone awry, and dozens of cases in between.  Jason has litigated matters in more than a dozen counties in North Carolina and is licensed to practice in every state and federal court in North Carolina.  Most recently, Jason became licensed to practice law in his home state of New York.

Jeffrey R. Monroe commenced his legal career in the Raleigh office of a mid-sized insurance defense firm, where he handled a variety of litigation matters throughout the state, including defending individuals and companies in personal injury claims, construction defect claims, and business disputes.   Since joining Miller & Monroe in 2013, Jeff has litigated business disputes, estate and fiduciary disputes, personal injury claims, and a variety of other civil litigation matters.

The post Jason Miller and Jeff Monroe named to 2016 Legal Elite list. appeared first on Miller Monroe Holton & Plyler.

If you are a business, the first thing  you must do is hire an attorney.  North Carolina law actually prohibits an LLC or corporation from appearing in court on its own behalf; only a licensed attorney can file legal documents or make court appearances for your business.  Even if a lawyer is not required, hiring one is still an obvious first step.  The litigation process is full of complex rules and procedures.  A mistake on even one procedural issue can cause you to lose your case before ever having a chance to prove your case.  Take the time to select an attorney with experience handling your type of case, and just as important, an attorney that is skilled and has practical business experience outside of the law.  It is important that your attorney be able to guide you through complicated business decisions that are just as important as the legal decisions in your case.

The first phase of a lawsuit is the initial filing phase. This process starts with the drafting and filing of the Complaint. In theory, this is just a short, plain statement of what the other party did wrong and what sort of compensation your business is seeking. In practice, it is far more complex. If the right claims are not made in the right way, you run the risk of having your suit thrown out of court early in the process. If you forget to make certain claims or request certain types of compensation, you may not be able to pursue them at a later date. The Civil Summons is also filed with the Complaint. The Summons is the official document that gives the defendant notice that suit has been filed against him. Serving the Summons and Complaint is one of those procedures that has to be done with exacting compliance with the rules of civil procedure. The right person must receive them and the documents have to be delivered in a certain manner. If you serve the wrong person or deliver the Summons and Complaint the wrong way, you are looking at a delay in your suit at the very least. A North Carolina Summons must be served within sixty days, but it can be renewed up until ninety days after its issuance.

The defendant’s Answer is the next step in the opening phase of litigation. The defendant has thirty days from the date it is served with the Summons and Complaint to file an Answer with the Clerk of Court. In most cases, the defendant will request extra time to answer the suit. The Court will almost always grant another thirty days to answer, so long as the original thirty day time limit has not yet expired. Like the Complaint, the Answer is a simple in theory, as it is just a statement of the disputed facts. In practice, it will list numerous defenses, which are reasons why the defendant should not have to pay you money, even if he did what you claiming it did. The Answer may also include counterclaims and cross-claims. Counterclaims are basically a lawsuit the defendant files against you; if it proves its claims, you may owe it money. Cross-claims are claims the defendant asserts against other third-parties. Each counter or cross-claim has to be answered within thirty days, with extensions available. If an answer is not filed within the appropriate time, the claimant may be entitled to a default judgment, which allows it to win the compensation sought without having to actually prove the claims asserted.

This first phase of litigation can go very quickly, or it can drag on for a long time. If you are suing just one party, get them served properly, and they do not request an extension to answer or make counter or cross-claims, it can be a month or two before the initial phase wraps up. If you are suing several parties, have trouble serving them, or are facing counter or cross-claims, this first phase can easily drag out for several months or more.

At Miller & Monroe, we have the experience and skill to help you navigate these complicated waters.  Our lawyers have prosecuted and defended complicated and critically important matters for our clients.  If you are considering filing a lawsuit, please call today and setup a consultation to discuss your options.

The post The Life Cycle of a Lawsuit – Blog 1 of 3 – Filing Suit appeared first on Miller Monroe Holton & Plyler.