What Steps Should I Take To Protect My Business If I Am Being Sued?
If your small business has received a summons and complaint, you need to hire an experienced New York City commercial litigation attorney right away. Generally, a company has between 20 and 30 days to file an answer, after being served notice of a lawsuit. If you don’t file an answer, you could be held in default. Even if the business is being sued and the suit itself is improper, if a business doesn’t take timely action to protect itself, it may end up with a default judgment and have to pay money that isn’t owed. You should get your case into the hands of a New York City attorney who has experience in defending small businesses as soon as possible.
What Are Some Alternatives To Litigation?
One major alternative to litigation is arbitration. In order to pursue arbitration, both parties to a dispute need to agree to undergo arbitration. If you have a contract, a lot of times the contract will have an arbitration clause, meaning that both parties have agreed to arbitrate. In that case, what you will have to do is file a demand for arbitration. The demand for arbitration should have a notice stating that unless the party objects within 20 days, the case will go to arbitration. Generally, what happens at arbitration is both sides show up and a retired judge or a retired attorney will hear the dispute and issue a written decision. Once the arbitrator renders a decision, the prevailing party can go to court with the arbitration award and have it converted into a judgment.
What Is The Typical Fee Arrangement For Commercial Litigation?
Most commercial litigation attorneys do work on some sort of an hourly fee schedule or you have to pay upfront. However, our New York City business dispute attorneys have successfully taken on numerous commercial litigation matters on contingency. The business doesn’t have to pay an attorney’s fee upfront and they only pay if they actually win.
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