It is not uncommon for a person to receive notice that a default judgment has been entered against them in a lawsuit, even though the person may have not ever known of the existence of the lawsuit. Although this may happen for a number of reasons, the first thing a person in this situation should do is contact an experienced lawsuit or litigation attorney to determine whether the default judgment can be set aside. The law provides for the setting aside of a default judgment under certain circumstances. For example, if a person can show he was never served with the lawsuit or that his failure to respond to the lawsuit was the result of “excusable neglect” then the court may set aside the judgment and allow the litigation to start over.
There are other things a court will consider in determining whether to set aside a default judgment, and an experienced lawsuit or litigation attorney can help you understand what those things are and whether they apply in your case. If you have any qustions about judgments call us at (480) 833-1113 and we will advise you about your best course of action.
With the start of a new year, many people begin thinking of resolutions related to personal fitness and weight control. “This year I will lose X number of pounds,” is a common goal. However, many may testify that it is easier to never to gain extra weight in the first place.
In legal matters, it is also easier to avoid legal difficulties than to have to fight a lawsuit after the fact. One example of this is in a company’s employment practices. Many companies have out-of-date non-compete agreements with their employees which may not be enforceable in court. An employer may discover only when it is too late that its non-compete agreement does not provide the protection intended. Non-compete agreements must be narrowly-tailored and limited in time and geographic scope, or a court will not enforce them. If you have not had your employment policies and non-compete agreements reviewed recently, you may save your business a lot of risk and trouble by having them reviewed and revised by an experienced employment and business law attorney. Call me today at (480) 833-1113 to make an appointment to have your non-compete agreements reviewed before you need to enforce them.
Pope Benedict XVI announced recently that he will be resigning his position as the leader of the Catholic Church. While a Pope’s resignation is not common, it is common for leaders of businesses to resign their positions, either because of age, a sale of the business, a forced resignation by others with an interest in the business, or any number of other reasons. When these situations arise, it is imperative that the business follow the legal and corporate requirements for the changes to be effective and enforceable. If you need help in these or other corporate matters, you will be well-served by seeking the assistance of an experienced business law attorney. Call us at (480) 833-1113 and one of our experienced business lawyers will help you with whatever transition you are facing.
Every day it seems we learn in the news of another scandal involving a government official or other famous person. From an affair and threatening emails leading to the resignation of David Petraeus to the suspension of football players for restaurant fights or drug use, we frequently become privy to matters these public figures no doubt assumed would remain private. Despite efforts to hide it, the truth finds a way of coming out.
This principle is seen in litigation as well. Sometimes a person involved in a lawsuit believes he can get away with deleting disparaging emails or other condemning evidence. Certainly there are occasions when people successfully suppress the truth (at least for a time). However, subpoenas to third parties, sophisticated technology and other investigative tools frequently lead to the discovery of the true facts of a case. Furthermore, the courts are empowered to punish people for purposefully destroying evidence, which dissuades some from efforts to hide the truth. Regardless of whether a person is a famous or not, he may find that he cannot keep the truth hidden.
If you find yourself in need of legal advice with regard to how to handle evidence you know about, call me at (480) 833-1113 and we discuss your situation.
Recently I met with a woman who was party to a contract with another person. The woman was extremely frustrated because the other party to the contract breached the contract. I read the contract and listened to the woman describe what happened. There was no doubt that a breach occurred. However, it was equally as clear that this woman did not sustain any harm, or damages, because of the breach. She did not lose any money or time or other opportunities.
I explained to her that, generally, for a person to win a lawsuit for breach of contract, the law requires that a breach occur and that damages result. Where there are no damages, there is usually no relief to be sought. So while breaching a contract may be wrong, it is not always enough to subject a person to a lawsuit.
If you have questions about a contract you have entered into with another party or what to do if someone has broken a contract with you, call me today at (480) 833-1113.
Shakespeare reminds us that a rose by any other name would smell as sweet. However, this metaphor only goes so far. A contract signed in any other name is not necessarily enforceable in the same way.
Some business owners, for example, have made the mistake of signing their personal name to a contract without making any indication in the document that they are signing on behalf of their company. If a problem arises, the other party to the contract then may attempt to hold the individual owner liable on the contract instead of or in addition to the business. Much litigation can be spared if people are careful in the way they sign their contracts.
Call us at 480-833-1113 and our experienced contract and litigation attorneys will make sure your name is protected!
Attorney Profile: Nathaniel Wadsworth, Contract & Litigation Attorney
Although there are several ways to collect money on a judgment, in Arizona the most common ways to collect include the garnishment of wages and bank accounts. In garnishing the wages of a person who owes money on a judgment (the judgment debtor), the person collecting the judgment (the judgment creditor) is generally entitled to receive 25% of the judgment debtor’s paycheck until the judgment is paid in full. In garnishing a bank account, the judgment creditor is able to seize nearly all of the money in the judgment debtor’s bank account up to the amount of the judgment.
Although it may sound simple, these processes of garnishing money are not always easy. For example, a judgment creditor does not always know where a judgment debtor works or keeps a bank account to garnish their money. Garnishments are also subject to various legal objections that the judgment debtor might make. Thus, a judgment creditor often discovers that collecting on a judgment is more difficult than winning a lawsuit.
If you have a judgment which you have been unable to collect, an experienced contract and litigation attorney can help you collect on that judgment. Call me today at (480) 833-1113, I have the knowledge and expertise you need to get you back what you are owed!
Attorney Profile: Nathaniel Wadsworth, Contract & Litigation Attorney