PROTECTING YOUR ASSETS NOW TO AVOID LITIGATION LATER
Individuals as well as businesses can engage in simple steps now to protect their assets and avoid or deflect future litigation. Florida has some of the strongest laws available to protect creditors, but many remain unknown and unused by Floridians. Is your property protected homestead? Have you recently been married or divorced? Do you own multiple properties, businesses, or vehicles? Setting up trusts and limited liability partnerships are only some of the ways that we can protect the assets you have spent your life acquiring. A few simple steps can have drastic results ranging from immediate tax implications to long term protection.
THE LITIGATION PROCESS
Litigation happens, and often when you least expect it. When you are sued, you only have twenty days to raise legal defenses. After that point, you may lose many of your legal rights.
Attorney Ted D’Apuzzo represents businesses and individuals in a wide range of litigated matters. Whether you are the party bringing a lawsuit, known as a plaintiff, or the party being sued, known as the defendant, will dictate the appropriate strategy in court. We take lawsuits seriously and will aggressively prosecute or defend your claim.
Litigation FAQs
How long do I have to respond after being served with a lawsuit?
In Florida, you only have 20 days to respond to a lawsuit. It is critical that you meet with a knowledgeable attorney as soon as possible to discuss your options.
How long do I have to file a lawsuit against another person or business?
The Florida legislature has set limitations on when you can file a lawsuit. If you wait too long, you may be forever barred from filing a lawsuit by the “Statute of Limitations.” Call us to discuss your options.
Why should I hire a lawyer to represent me in a lawsuit?
An experienced lawyer will be able to provide you with skilled legal representation that can increase your chances of winning a lawsuit. Individuals representing themselves are called pro se and are often taken advantage by opposing lawyers. The judge in a lawsuit cannot represent you, give you advice, or rule in your favor just because you don’t have a lawyer or have financial, medical, or other unrelated hardships. Florida law often requires businesses to be represented by attorneys. Whether you are an individual or a business, our staff can provide you with the best advice as to whether you need to hire an attorney and provide a realistic idea of what we can do for you.
What is a strategic default?
When an individual or business makes an informed decision to not defend a lawsuit and take a judgement against them, they are effectively “walking away” from the lawsuit; this is called a strategic default. Strategic defaults are usually employed when an individual or business is “judgment proof,” meaning that they have no assets and the creditor will be unable to collect the debt even if they win the lawsuit. Strategic defaults are effective for a small portion of the population and should always be reviewed by an attorney.
Are there alternatives to a trial?
There are a number of alternatives to a trial that available including mediation, strategic defaults, or settlement offers. An experienced attorney can assist you in pursuing these options and can maximize your chance of a successful outcome.
I have received demand letters but haven’t been sued yet, do I still need an attorney?
If you are being contacted or harassed by debt collectors or attorneys, you should contact our office immediately. Some situations can be defused and resolved before a lawsuit is filed. If you have decided to pay or receive a settlement, have our office review the documents before you sign away your legal rights.
What is the difference between your firm and other attorneys?
We are client-focused and believe that each case is unique. We will always work with you to create a plan of action that best fits your needs. We will explain to you where you stand and discuss the defenses and strategies that will work best for you. Most importantly, we make sure that you understand and direct our efforts. You are the driver and our firm is the vehicle that will protect you.
Can an attorney delay the case without justification?
No. An attorney cannot cause delay without a legal basis. However, in the full exercise of your legal rights, delay may result as a by product of a proper defense.