When a party is unable to resolve a dispute with another person or business, the controversy is usually best resolved by filing an appropriate action (lawsuit) in court, through the process known as civil litigation. Such litigation may take a variety of forms, such as the unlawful detainer (eviction) action, a lawsuit for breach of contract, damages or negligence, an action for declaratory judgment (often used to settle ownership issues) or an action for injunctive (restraining order) relief.
Civil litigation is distinguished from criminal law practice because there are no penalties of incarceration (jail) if and when one party to the action is found at fault. In the American system, each party bears their own costs of litigation, unless a separate agreement or statute provides otherwise. There may, of course, be penalties or sanctions if a lawsuit is frivolous or maintained in bad faith.
Typical actions include lawsuits between businesses and individuals, buyers and sellers, homeowners and contractors or service providers, tenants and landlords, and employees and employers.
At Schuster & Associates, we are experienced; litigation represents approximately fifty percent (50%) of our practice. We know our way around complex cases and persnickety court rules and can represent you or your business with confidence and experience. We represent plaintiffs and defendants (individual and corporate) and would look forward to serving your litigation needs.