What is Civil Litigation?

Civil litigation is a legal process that enables individuals, businesses and other entities to utilize the court system to work through disputes. Unlike a criminal case, in which an individual is prosecuted for violation of a law or statute with the end penalty being monetary fines, imprisonment or both, civil litigation is a personal disagreement in which one or more parties is seeking for a judge to award monetary restitution for a wrong committed against them. There are five common types of civil litigation which might be heard in a court of law.

  • Personal injury
  • Breach of contract
  • Divorce and family law
  • Property disputes
  • Landlord and tenant disputes

Personal injury

A person injured case is filed because of the negligence of another individual or entity that results in some form of bodily injury. The most common cases are the result of a motor vehicle accident, a slip-fall case or a product liability.

Divorce and family

A family law case can be a particularly difficult civil litigation process because of the emotion that is involved in family dynamics. Generally, these are the result of a petition for separation or divorce, child custody, child support and domestic violence cases.

Breach of contract

Contracts typically state very clearly the expectations one party has of another. When the terms of this documentation are not met, the wronged party has the right to file a lawsuit for breach of contract. The plaintiff can sue to recover the monetary loss as a result of the default of the contract or they might request that the judge order the defendant to act in accordance with the stipulations of the contract.

Landlord and tenant

One of the most common forms of landlord/tenant legal matters is an eviction. This typically arises when the tenant does not comply with the terms of the lease agreement.

Property disputes    

Typical property disputes include property line disagreements, ownership rights and concerns and title claims. While the plaintiff might choose to seek financial compensation for these cases, often they are simply looking for the right of ownership.

At Skinner & Associates, Attorneys at Law, we are professionals in civil litigation cases in the State of Ohio. If you or someone you know has a civil dispute, contact our trusted team for a free consultation.

Civil Litigation

The information at the Skinner & Associates, LLC web site is intended for general informational purposes only and not as specific legal advice. Use of this site is not intended to and does not in any way establish an attorney-client relationship. Visitors to this site should seek professional legal counsel regarding their specific matters. Attorneys at Skinner & Associates, LLC would be pleased to speak with interested parties, but we can only represent clients where we are licensed to practice, and where no other bar to representation exists. If the information provided by this website does not comply with the legal or ethical requirements of a particular user’s state or country, we may be unable to represent you.

Although we are a general practice law firm, we may be considered a debt relief agency because we help people file for bankruptcy relief under the Bankruptcy Code.

 

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Chapter 7 vs 13 Bankruptcy: Making the Best of a Difficult Situation

Filing for bankruptcy can be a very trying experience. At Skinner & Associates, we understand that good people can find themselves in unfortunate circumstances. Navigating the waters of a bankruptcy proceedings can be confusing. Determining the right option can be even more overwhelming. This iswhere a skilled bankruptcy attorney can help you make the best decisions for your situation.

Chapter 13 Overview

Chapter 13 bankruptcy allows you to retain ownership of your property while you pay off your debts. Under this type of bankruptcy, you will work with your attorney to create a repayment plan over a predetermined period of time. Generally, the plan lasts from three to five years. During the repayment period, creditors cannot seek collection of outstanding debts. At the end of the plan most unpaid debts are discharged by the court.

Chapter 7 Overview

Chapter 7 bankruptcy requires you to sell all non-exempt property. Once property is sold, the proceeds of the sale are distributed to the creditors in an effor
t to repay debts. The nonexempt assets are sold by a trustee of the estate. After the sale of property and repayment of creditors, most remaining debt incurred by an individual will be discharged by the courts.

Who is eligible?

Corporations are not able to file Chapter 13 bankruptcy, nor are individual debtors with an annual regular income of a certain level. Conversely, both corporations and individuals are able to file Chapter 7. There is no limit to the amount of debt you can seek relief from, however it is important to point out that the discharge of any unpaid debt is only available to individuals, and not corporate debtors.

Freezing debt

In the case of both Chapter 7 and 13 bankruptcies, all outstanding debts are frozen until the legal proceedings are finished. Individuals filing Chapter 7 can still be subject to foreclosures on property.  Additionally, it will not stop a creditor from filing a lien on the property. Chapter 13 does stop the foreclosure process and gives the debtor time to make up past due payments (the debtor is still required to make current payments).

If you or someone you know is considering filing for bankruptcy, contact the professionals at Skinner & Associates. They have been providing reliable legal representation in Columbus, Ohio and surrounding communities for over 25 years.  

The information at the Skinner & Associates, LLC web site is intended for general informational purposes only and not as specific legal advice. Use of this site is not intended to and does not in any way establish an attorney-client relationship. Visitors to this site should seek professional legal counsel regarding their specific matters. Attorneys at Skinner & Associates, LLC would be pleased to speak with interested parties, but we can only represent clients where we are licensed to practice, and where no other bar to representation exists. If the information provided by this website does not comply with the legal or ethical requirements of a particular user’s state or country, we may be unable to represent you.

Although we are a general practice law firm, we may be considered a debt relief agency because we help people file for bankruptcy relief under the Bankruptcy Code.

Chapter 7 vs Chapter 13 Bankruptcy