Skilled Business Litigation & Debt Collection Attorneys in Florida

Many disputes, even complex legal disputes, can be resolved through out-of-court negotiation or mediation. Remember that over 95% of cases are settled before going to trial. Whether it’s simply picking up the phone and hearing where our opposition stands or sitting face-to-face outside the courtroom explaining how both sides can benefit from a compromise that avoids unnecessary added expenses, a rational conversation could settle a dispute. 

However, parties often cannot agree without the pressure of litigation, and when necessary, we will aggressively pursue our client’s claims all the way through trial. When Florida business litigation is unavoidable, the main focus of the associates at EPGD Attorneys at Law, P.A., is receiving the best outcome for our client as quickly as possible while keeping costs low. In addition, we work closely with our clients to teach our client how to better protect themselves or their organization in the future. Learn more about how our business litigation and debt collection team can assist you by scheduling your consultation today. 

What to Expect During Civil Lawsuits in Florida

Civil cases follow the same structure whether they occur in Florida, New York, Washington D.C., or anywhere else in the country. A civil case is broken into four stages: Pleadings, Discovery, Motions, and the trial. Below is a simplified version of the structure of the average civil lawsuit.

Pleadings

During the Pleadings Stage, the parties define the dispute and the defenses. The Plaintiff files a Complaint which describes their claims against the Defendant. The Defense can then either answer the Complaint or move to dismiss it. 

A Motion to Dismiss is typically a challenge to the technical sufficiency of the Complaint. Victory in a Motion to Dismiss normally leads to the Plaintiff simply filing a new Complaint and correcting whatever technical deficiency the Defense argued. Once all Motions to Dismiss and amendments have been exhausted, the Defense files an Answer, which admits or denies each individual statement in the Complaint and Affirmative Defenses, which provide legal excuses for the Defense’s actions that lead to the claims of the Plaintiff.

The Defense may also file its own claims. Each claim has a different name: if their claim is against the Plaintiff, it is called a Counter Claim; if their claim is against a Co-Defendant, it is called a Cross-Claim; if their claim is against a Third Party, it is called a Third-Party Claim. Whoever the Defendant’s claims are against also has the right to move to dismiss and will eventually have to answer if not dismissed.

Once all claims have been answered, the case is said to be at issue. This stage of the case can take several months. While it is not as costly as some other stages, there is significant briefing of the legal issues that will impact the remainder of the case.

Discovery 

Once the parties know the claims and Defenses, they can conduct discovery. This consists of three things, asking for documents, asking written questions, and taking depositions. Questions and documents requested can be sent to parties and nonparties. 

Once the parties have obtained written discovery, they use those documents to form the basis for the questions they ask in depositions, interrogatories, and requests for admissions. This is typically the most expensive and time-consuming stage of the case, as there are often arguments on what should or should not be turned over.

Motions

Although many motions are filed in a lawsuit, the case typically builds to one or more Motions for Summary Judgment. This is a motion where the Court can decide a portion or all of the case without submitting the case to the jury. 

We use the information obtained in discovery to seek summary judgment. Typically, one party attaches depositions and documents to demonstrate to the Court that specific facts are not disputed. If enough facts are agreed to, the Court can make a legal ruling as to who wins. If the parties disagree with the facts, then only the jury can decide.

Trial

The trial is the final stage, where a jury decides the facts and declares one party the winner. Here the jury makes determinations of fact and credibility. The judge, meanwhile, decides what law the jury should apply. This is a fairly short stage. It typically takes about two weeks, including preparation time. However, during that time, the client and their counsel usually work 10-12 hours per day. As such, the costs are very high and concentrated. For this reason, many cases resolve shortly before this stage.

It is important to note that when the parties aren’t willing to settle, a lawsuit can take over a year. The added expenses could include process servers, court reporters, experts, mediators, and additional damages the Court finds fit, even if they are not specifically requested, along with costs, sanctions, and even attorney’s fees. That’s right: there is the possibility that the defeated party will need to pay the judgment and all of the costs and attorney’s fees of the prevailing party.

Collections

After a judgment is reached from Default, Consent, Summary Judgment, or trial, that judgment must be fulfilled. This is when the Defendant will be required to pay the Plaintiff if the Plaintiff prevailed. Payment is handled through a process known as debt collection, or collections.

Collections is its own process. The uncertainty is whether the Defendant(s) may be “uncollectable.” There are various tools used during collections, including:

• Demanding a financial disclosure
• Continuing with post-judgment discovery to attempt to locate assets
• Doing private bank account searches
• Hiring private investigators
• Asking the Court or the Sheriff for assistance

This process can also be long and arduous. Fortunately, there are some mechanisms to request attorney’s fees after a successful Florida business litigation process. It is essential to understand that the Judgment might be just the first step. Having innovative and experienced litigation and debt collection attorneys in your corner can make all the difference in representing and protecting your interests.

Benefits of Working With Experienced Litigation and Debt Collection Lawyers

Litigation is a complex process that can take a year or more to complete. At EPGD Attorneys at Law, P.A., we are dedicated to advocating for our clients’ best interests by attempting to reach settlements without litigation, providing aggressive, effective representation should the parties fail to settle, and pursuing collections to ensure they receive compensation after winning their trial.

From our offices in South Florida, we represent clients throughout Miami-Dade County, Broward, and beyond. Call us at (786) 837-6787 or email us to schedule a consultation with an experienced Maimi litigation attorney.