What Are The Best Ways To Protect My Business From Lawsuits?
One way to protect your business from lawsuits is if you receive a demand letter or a letter putting you on notice that a claim is likely to be made, hire an experienced New York City commercial litigation attorney who defends lawsuits immediately to either negotiate the dispute or convince the other side that there is a lack of merit. Also, if there is any type of a tort claim, that should be reported to the insurance company immediately, because a lot of times there may be insurance coverage that will pay for an attorney or pay for the handling of the dispute. Our commercial litigation attorneys know the law and we have had countless cases dismissed where our clients were sued for claims that lack merit.
Do I Always Need An Attorney To Represent Me In Commercial Cases Or Should I Go It Alone?
It is never a good idea to try to litigate a matter yourself. Most people are not educated as to the procedural steps involved in litigation and any misstep can cause the loss of a case. Also, under New York law, a corporate entity or a limited liability company is not allowed to represent themselves, other than in a small claims case. So if the owner of a corporate entity files an answer, it is not valid because a corporation has to appear by an attorney, so you may end up with a default judgment, which waives meritorious defenses.
What Are Summary Proceedings In A Commercial Litigation Case?
One of the most common questions our New York City business lawyers hear is “What do I do if I am owed money” or “What do I do if I have a promissory note and they are not paying”. New York has a rule to make it very easy and quick to get a judgment in a case where you have what’s called a negotiable instrument, such as a promissory which is any document saying that one side agrees to pay the other side money. If there is an instrument for payment of money only, the plaintiff doesn’t even have to file a complaint. The party claiming the money can just serve a summons and a motion for summary judgment, which is an expedited way to attempt to get an enforceable judgment. The party who has the promissory note simply has to establish that they have a promissory note signed by the other side and that the other party failed to pay the money that was owed. This streamlined process allows a New York City attorney to bypass time consuming litigation and ask for a judgment right away.
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