Civil Litigation & Lawsuits

 

 

Civil litigation is a broad area of law that includes pursuing claims and litigation in county courts, district courts, and federal courts. Common sub-areas in which we practice include:

Landlord & tenant law

Landlord/tenant law encompasses forcible entry and detainer/evictions, claims for wrongful withholding of security deposits, and other types of claims such as nuisance or trespass. Particularly for landlords, there are a number of important deadlines and statutory requirements for posting of the initial notice to quit or demand for compliance or possession, filing and service of the summons and complaint, and communications regarding the security deposit.

Handling an eviction improperly can give rise to claims for damages by the tenant, and on security deposit claims a tenant can even recover penalties and attorney’s fees.

Mechanic’s liens

Mechanic’s lien claims generally arise out of disputes between contractors, subcontractors, and property owners. These often involve significant damages, and also significant factual issues around the quality of work, timing and completion of work, and timing of payments.

In disputes between contractors and subcontractors, there may also be trust fund/civil theft claims involved. There are important and generally short deadlines for recording of mechanic’s liens and for filing of mechanic’s lien foreclosure actions, which if missed can restrict or even eliminate the remedies available to you.

Breach of contract

Breach of contract claims can arise out of numerous situations, including:

  • Disputes between businesses;
  • Disputes between business partners;
  • Disputes between consumers and creditors;
  • Disputes between two parties to a contract;
  • Disputes regarding the sale of property or assets;
  • Disputes between employers and employee;
  • Disputes between property owners and contractors; and
  • Disputes between landlords and tenants.

Every breach of contract claim involves some basic elements – the parties agreed on the key terms, at least one party failed to perform, and at least one party suffered damages. However, the facts may vary significantly from claim to claim. At Lund Law, LLC, we have handled hundreds of breach of contract claims in various contexts, and we can help you evaluate the ways to move forward with your claim.

Collections & garnishment

Collections claims generally involve claims by a creditor seeking to recover money from a debtor. On the surface, these claims can appear simple – is money owed? However, there are laws governing fair debt collection practices that can provide a defense in some situations, and creditors are sometimes willing to settle for significantly less than the amount owed due to these or other factors, such as anticipated difficulty collecting on a judgment.

Additionally, certain assets belonging to a debtor may be difficult for creditors to gain ownership of even after obtaining a judgment, such as the family home. Consulting with an attorney can help you evaluate whether you may have a viable defense to claimed debt.

WHY LUND LAW?

The best attorney is the attorney who spends time talking to you about your case, knows what is going on, and is willing to devote as much time as is needed to handle your case correctly. We bring big firm experience, significant civil and consumer litigation law experience, and trial readiness to you. Schedule a consultation now by contacting us at (720)-213-3774 or by email at lundlawco@gmail.com.