Frequently Asked Questions

Determining the validity of a civil case involves assessing the facts against relevant laws and precedents. During an initial consultation, we will review the details of your situation, advise you on your case's potential strengths and weaknesses, and discuss your legal options.

If you are being sued, it’s crucial to act promptly. First, do not ignore the lawsuit—failing to respond can result in a default judgment against you. Review the complaint carefully and consult with an attorney as soon as possible to discuss your options. Your attorney can help you file an appropriate response, determine potential defenses, and guide you through the legal process. Taking swift and informed action is key to protecting your rights and reaching the best possible outcome in your case.

If you're involved in a dispute that could lead to litigation or need to defend yourself against a lawsuit, seeking legal counsel from a civil attorney is advisable. Situations can include contractual disputes, personal injury claims, property disputes, debt collection or issues related to business operations.

The process begins with the filing of a complaint, which outlines your legal claim and the damages or relief you are seeking. The defendant is then served with the complaint and has an opportunity to respond. The case may proceed through discovery, negotiations, and potentially a trial to resolve the dispute.

The time limit, or statute of limitations, varies depending on the type of case. For example, personal injury claims must generally be filed within four years from the date of the injury, while contract disputes have a five-year limit for written contracts and a four-year limit for oral contracts. It's crucial to consult with an attorney to ensure your case is filed timely.

Yes, many civil cases are resolved through negotiations and settlement before reaching trial. Settlement can provide a quicker and often less costly resolution to disputes, allowing both parties to agree on terms without a court decision.

At The Franklin Firm, PLLC, we prioritize clear and consistent communication with our clients. You can expect regular updates on the progress of your case, prompt responses to your questions, and comprehensive explanations of your legal options. We ensure that you are fully informed and involved in every decision-making process related to your case.

The duration of a civil case can vary widely based on factors such as its complexity, the parties' willingness to negotiate, and the court's schedule. Some cases may be resolved in months, while others may take years. We strive to resolve cases efficiently while working tirelessly to achieve the best possible outcome for our clients.

Once a judgment is obtained, enforcement is crucial to ensure the awarded party receives what is due. Enforcement methods include garnishing the debtor’s wages, seizing bank accounts, or placing liens on property. If the debtor fails to comply, the court may issue additional orders, such as a writ of execution, to seize assets. It's essential to understand that while winning a judgment is significant, collecting on it often requires strategic legal action to locate and obtain the debtor’s assets.

Yes, settlements can still be negotiated even after a judgment is issued. The losing party may often prefer to negotiate a settlement to avoid garnishments, property liens, or other collection efforts. In such cases, the parties may agree on a reduced payment amount or a structured payment plan. This negotiation can be advantageous for both parties, offering a quicker resolution and avoiding additional legal costs or delays in enforcement. However, any post-judgment settlement should be formalized in writing.