Dissecting the Court Process and Why You Should Stay OUT of Court!
The Court process is a minefield of traps and tactics that should only be played between two competent attorneys. There are maneuvers, procedures and rules that would take years in school to Master. It is a time-consuming, money-grabbing and energy-wasting process that Kendrick Law Practice is committed to keeping you away from—we want to keep you “IN business and OUT of Court” for the reasons listed below. Allow us to help!
The Process: What You Can Expect (or Not) During the Court Process
- A party, the Plaintiff, files a summons and complaint, in Court: This starts the case. A complaint is a brief statement of the case and allegations; the summons is the actual court document that starts the proceedings and tells the other side, the Defendant, what they must do. There are various types of courts that handle different matters and limited locations where Plaintiffs can file suits against Defendants. Costs: $51.75-$250, depending on the Court, jurisdiction and number of parties.
- The Plaintiff must then SERVE the documents on the Defendant according to the Georgia statute: A sheriff can serve (in some jurisdictions they MUST serve) or a private process server (in some jurisdictions, a Court order is needed). Costs: $50.00 per Defendant usually for sheriff; $75.00+ per Defendant for private process server.
- The Defendant has 30 days to file an Answer (45 days if certain requirements are met): If you are a business, you are REQUIRED to have legal counsel answer the complaint or your Answer can be ignored by the Court. At this point, you can or may be required to assert a counterclaim depending on the facts in your case. Costs: Free to file but potentially $1,000-$2,500 to hire an attorney to draft the Answer and Counterclaim.
- After Defendant Answers, there is a 6 month “Discovery” Period (unless you file in Magistrate Court for cases under $15,000): During this 6 month period, either side can (1) Ask any party questions under oath, (2) Ask any witnesses questions under oath, (3) Ask for documents including recordings and videos, (4) Ask up to 50 written questions, (5) Ask unlimited requests to admit certain things, (6) Ask to inspect property, (7) File Motions, etc. Cost: $5,000- $unlimited (depending on the case).
- After the 6 month period, the case will be put on a hearing or trial calendar: A hearing calendar is in case one side has filed a motion (a request for the Court to do something) or a trial calendar (if the parties don’t have any motions and now it is time for trial).
- Trial Day!: Time to sit for 5-6 hours in Court and pick a jury IF you don’t have an agreement that prevents having a jury trial. NOTE: The trial hasn’t even begun yet. Cost: Lost wages and productivity; you determine.
- Actual Trial: This can be a bench trial (judge trial) or a jury trial (with 6 of your peers that know NOTHING about you, your business or the law—-good luck!). Cost: Depends on the verdict and the judgment handed down PLUS attorney’s fees at $250-$400 an hour for a couple or a few days.
- After Trial: The losing party has ten (10) days to appeal a decision by a Judge. Act fast! Cost: $5,000-$7,500 just to FILE an appeal; preparation and arguing an appeal is extra.
I told you so! Going to Court wastes times, wastes money and creates unnecessary emotions and contention between parties. Why not save time and money and a headache by doing things right the FIRST time? Kendrick Law Practice is competent counsel that will keep you safe and secure at night and fight your battles BEFORE you even know there is one.
DISCLAIMER: We are not saying that Kendrick Law Practice can keep you from being sued—-but with the right agreement in place, we can not only advise the other side that we have an agreement that is favorable to our position but also draft a “Motion to Dismiss” or “Motion for Summary Judgment” on any suits and STOP at Step no. 3 while costs are still low.
DISCUSSION QUESTION: Which step gives you the most anxiety and why?
Why Kendrick Law Practice?- We SAVE you money by:
- Providing access to comprehensive legal AND business advice and consulting, creating value for
your company’s investment in us.
KLP’s Founder, Dar’shun Kendrick, holds a law degree and Master’s in Business
- Providing security through our three (3) point guarantee:
- “24 hour guarantee”- You will receive a phone call from an attorney within 24 business hours of submission your information through our website;
- “72 hour guarantee”- You will receive your document drafted or reviewed within 72 business hours after payment (or it’s FREE!) and
- “Dispute guarantee”- KLP will negotiate the terms of any document that we drafted or reviewed FOR FREE should a dispute arise (*Does NOT include litigation costs.).
- Providing predictability through our FLAT FEE pricing on most of our services. You know EXACTLY what you are paying for a completed document.