Litigation is a complex process, but there are some basic items that a party may seek. There are very few types of relief available through the judicial process. Most often, a party will seek money from another party (called “damages”) or a party will request a specific action from another party (called an “injuction”). In some cases, there is an immediate need to have a court order a party to do or not do something. These time-sensative requests are known as temporary restraining orders, (called a “T.R.O.”). Other remedies include asking a court to determine the meaning of a contractual clause (called a “declaratory” or “dec” action.)

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Litigation involves handling civil disputes between parties. This often includes the negotiation of matters before filing suit and the prosecution of lawsuits. We have litigated matters for clients worldwide, who have problems that need resolution in Texas courts. Our litigation practice includes varied matters in the Texas probate courts, Texas county courts, state district courts in Texas and federal district courts in Texas. For other clients needing assistance outside Texas, we can coordinate with local counsel to manage litigitation on a case by case basis. Below are answers to some common questions that we receive in our office.

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If you fail to answer the suit within the appropriate time period, you lose the case (this is called a default.) You cannot go back in time, and you may lose valid defenses against the debt. This is a VERY bad idea. You should answer the lawsuit and provide a defense.

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If you receive notice of a lawsuit, then you have to answer the suit within the specific time period (the time depends on the court.) These time periods are typically very short. If you fail to answer the suit within the appropriate time period, you may lose the case (this is cause a default.) It becomes much more expensive to reverse a default judgment, so timeing is the key. Once you answered the suit, the “discovery” portion of the case begins. During this phase, either side can ask questions of the other side regarding the case.

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