When you are suing, or being sued, as an individual
Civil litigation is the court process for resolving disputes between people, businesses and organizations over money, property or rights. Usher Law Group represents plaintiffs who have been harmed and want to recover their losses, and defendants who have been served with a lawsuit and need to respond.
Types of civil cases we handle
- Breach of contract. When someone does not do what an agreement requires, the other party may sue to recover the resulting losses.
- Personal injury. A person hurt by someone else's negligence may seek compensation for medical bills, lost wages and other losses. We also defend people who are sued for causing an injury.
- Employment disputes. Claims for unpaid wages, discrimination, retaliation or wrongful termination, and claims by employers under non-compete or non-disclosure agreements. See our employment law page.
- Intellectual property disputes. Unauthorized use of a trademark, copyright or other protected work, and defense against claims of infringement.
- Contested divorce. When spouses cannot agree, a judge decides property division, support and parenting issues. See family and divorce law.
Disputes between businesses are covered on our commercial litigation page, and discrimination and police misconduct claims on our civil rights page.
If you have been sued
Do not ignore a summons. The deadline to respond is short and depends on the court and how the papers were delivered to you. In New York Supreme Court, for example, the time is generally 20 days if the papers were handed to you personally and 30 days for most other methods of service. In federal court the usual time is 21 days. If no response is filed, the plaintiff can ask for a default judgment. We review the complaint, confirm the deadline, check whether service was proper, and prepare an answer or motion.
If you want to bring a claim
We look at what happened, what evidence exists, who is responsible, and what losses you can prove. Then we explain whether a lawsuit makes sense, what you may be able to recover, and whether a demand letter or negotiation should come first.
What to bring to your consultation
- Any summons, complaint or court notice, and the date and way you received it
- Contracts, receipts, invoices and bank records related to the dispute
- Photos, medical records and bills for injury claims
- Emails, texts and letters with the other side
- Names and contact information of witnesses
Frequently asked questions
How long do I have to answer a lawsuit in New York?
It depends on the court and how you were served. In New York Supreme Court the time is generally 20 days after personal delivery and 30 days after most other forms of service. Other courts have different rules, so have an attorney confirm your deadline right away.
What happens if I do not respond to a lawsuit?
The plaintiff can ask the court for a default judgment. A judgment can then be enforced through bank restraints, wage garnishment or liens. It is sometimes possible to vacate a default, but it is harder than responding on time.
Do most civil cases go to trial?
Many civil cases are resolved by settlement or by a motion before trial. We prepare each case as if it may be tried, and we discuss settlement when it serves your goals.
Is a contested divorce a civil lawsuit?
Yes. A contested divorce is handled as a civil action in which a judge decides disputed issues such as property division, support and parenting arrangements.