Business Litigation & Debt Collection

Skilled Business Litigation & Debt Collection Attorneys in New Jersey

Many disputes, including complex legal disputes, can be resolved through out-of-court negotiation or mediation. Remember, over 95% of cases are resolved before trial. Reasonable conversations, whether it’s just picking up the phone and hearing the other person’s position, or sitting across from each other in court and explaining how both parties would benefit from a compromise that avoids unnecessary additional costs. may be able to resolve the dispute.

However, without the pressure of litigation, parties often fail to reach an agreement, and when necessary, we aggressively pursue our clients’ claims throughout the process. When business litigation in Florida is unavoidable, the primary focus of the staff at Torres & Zheng at Law, P.C. is to obtain the best outcome for our clients as quickly as possible while keeping costs down. Additionally, we work closely with our customers to teach them how to better protect themselves and their organizations in the future. Book a consultation today to learn more about how our business disputes and debt collection team can support you.

What to Expect During Civil Lawsuits in New Jersey

Civil lawsuits follow the same structure whether they are filed in New Jersey, Florida, or Washington, DC. or held elsewhere in the country. Civil litigation is divided into four stages: argument, discovery, motion, and trial. Below is a simplified structure of the average civil case.

Pleadings

During the argument stage, the parties decide on their dispute and defense options. A plaintiff files a lawsuit stating his or her claim against a defendant. The defense can then respond or dismiss the charges.

A motion to dismiss typically represents a challenge to the technical validity of the complaint, and if the motion to dismiss is successful, the plaintiff typically simply files a new complaint and corrects the technical deficiencies alleged by the defense. That’s all you need. After all motions to dismiss and motions to amend have been exhausted, the defense must file an answer admitting or denying all statements in the complaint and an affirmation providing a legal excuse for the defense’s conduct giving rise to the plaintiff’s claim. file a defense.

The defense can also present their case. Each claim has a different name, and if the claim is against the plaintiff, it is called a counterclaim. If your claim is directed against a co-defendant, it is called a cross-claim. If your claim is against a third party, it is called a third-party claim. Regardless of who the defendant’s claim is against, the defendant also has the right to request dismissal of the case and, if not, must finally respond.

Once all claims are resolved, the lawsuit will be deemed null and void. This stage of the process can take several months. Although it is not as expensive as the other stages, it provides comprehensive education on the legal issues that will affect the rest of your case.

Discovery

Once the parties know their claims and defenses, discovery can proceed. This includes her doing three things: requesting materials, asking written questions, and taking depositions. Inquiries and requests for information may be directed to parties and non-parties.

Once parties receive written evidence, they use those documents as the basis for questioning in depositions, interrogatories, and records requests. This is usually the most expensive and time-consuming stage of litigation, as arguments often arise over what should and should not be handed 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

Although many motions are filed in litigation, litigation typically culminates in one or more motions for summary judgment. This is a motion that allows the court to decide some or all of a case without presenting it to a jury.

We use the information obtained during discovery to obtain summary judgment. Parties typically include statements or documents to prove in court that certain facts are undisputed. If there are sufficient facts, the court can make a legal determination as to who is the winner. If the parties disagree on the facts, only a jury can make a decision.

Collections

Once a judgment is entered based on default, consent, summary judgment, or trial, you must be satisfied with the judgment. This is the point that the defendant is obligated to pay to the plaintiff if the plaintiff wins. Payments are processed through a process called debt collection or debt collection.

Collection itself is a process. The uncertainty is whether the defendant will become “uncollectible.” The collection uses a variety of tools, 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 be long and tedious. Fortunately, Florida has several mechanisms for recovering litigation costs after a successful business lawsuit. It is important to understand that a judgment is only the first step. Having an innovative and experienced litigation and debt collection attorney on your side can make a huge difference in representing and protecting your interests.

Benefits of Working With Experienced Litigation and Debt Collection Lawyers

Litigation is a complicated system which can take a 12 months or greater to complete. At Torres & Zheng at Law, P.C., we’re committed to advocating for our customers` pleasant pastimes through trying to attain settlements without litigation, offering aggressive, powerful illustration need to the events fail to settle, and pursuing collections to make certain they get hold of reimbursement after triumphing their trial.

Call us at 917-277-3479 or email us to agenda a session with an skilled New Jersey litigation attorney.