The litigation attorneys at Folkestad, Fazekas, Barrick & Patoile, P.C. handle a full range of litigation matters. They regularly appear in state and federal courts, as well as in appellate courts.
We represent regional and local businesses, as well as individuals, in commercial and private disputes. We have tried many cases to verdict in front of judges and juries; however, we also understand that going to trial often is not always in our client’s best interest. Each of our clients has individual expectations and goals that require versatile litigation techniques, including exploring all of the options from negotiation, discovery, mediation to other procedures and strategies. With each litigation matter, our goal is to achieve successful and cost-effective results by understanding our clients’ objectives, efficiently developing effective strategies and aggressively advocating for our clients’ best interests.
Areas of expertise include:
- Business Disputes
- Business Tort Litigation
- Corporate Disputes
- Partnership/Shareholder Disputes
- Construction Litigation
- Construction Defect
- Mechanics Liens
- Payment Disputes
- Contract Litigation
- Employment Litigation
- Insurance Disputes
- Landlord Tenant Disputes
- Commercial and Residential
- Partnership/Shareholder Disputes
- Probate (Contested)
- Real Estate Litigation
- Adverse Possession
- Boundary Disputes
- Commercial Real Estate
- Eminent Domain
- Land Partition
- Land Use
- Quiet Title (ownership)
- Title Disputes
- Wrongful Death
CIVIL LITIGATION FREQUENTLY ASKED QUESTIONS:
- What is it?
In general terms, a civil lawsuit is the court-based process through which Person A can seek to hold Person B liable for some type of civil wrong (as opposed to criminal wrongs, which are addressed and prosecuted through the law enforcement process). Usually, if Person A is successful, he or she will be awarded compensation for the harm that resulted from Person B’s action or inaction, including potential attorneys’ fees and costs.
- I want to sue – do I need a lawyer?
With certain exceptions, most litigants can represent themselves. However, is it advisable? No, for a variety reasons. First and most importantly, an attorney will be able to evaluate the appropriate “statute of limitations” for your claim(s). A statute of limitations is the “window of opportunity” to pursue damages for a given claim, and there are several that may simultaneously apply to any one situation. For example, if you are a homeowner and seek to sue a general contractor for both negligence and breach of contract, there are two separate statutes of limitation that must be analyzed. Action must be taken within the statutory timeframe, otherwise, the claim will be time-barred and the right to receive damages for the claim will be forever lost.
Second, a lawyer will have the appropriate knowledge, training, and skill to best organize and present your arguments to a Court, Jury, and opposing counsel. Third, a lawyer can step into the dispute and field communications from the opposing party or attorney on your behalf, removing this stress from the client’s life.
- I’ve been sued – what do I do next?
First, before anything else, make note of the date you were served and how. Were you personally served? Was someone served on your behalf? Where did service take place? Service of Process is a critical consideration for the Court, and must be properly proven by a claimant before a judgment can be entered against you. Do not respond to a Complaint without speaking with us first.
Next, make note of when you must file a response or appear in Court. For County Court matters, this date will appear on your Summons document and must not be ignored. For District Court matters, if you are served inside the State of Colorado, you will have 21 days from the date of service to file an Answer. If you are served outside of the State of Colorado, you will have 35 days from the date of service to file an Answer. The “Answer deadline” is important! Failing to respond may result in the entry of a default judgment against you for the damages claimed, including attorneys fees, costs, and interest that will accrue until the judgment is paid or satisfied. We recommend calling as soon as you are served, in order to give the attorney you are working with the most time possible to discuss the matter with you, gather documents and evidence, evaluate the claims, and prepare your Answer or other response in a timely manner.
- I have a judgment. How can I collect?
There are a variety of collection methods that can be used under Colorado law, including interrogatories, depositions, real property liens, garnishments, and writs of attachment. However, you must have a valid Colorado judgment to do so. A judgment from a Colorado County Court is valid for 6 years and a judgment from District Court is valid for 20 years. The expiration date can be extended by filing a Motion to Revive Judgment before the end of the 6 years for County Court or 20 years for District Court. You can continue to try to collect on your judgment for as long as it is effective and unpaid.
Foreign judgments (usually those issued in other states) will be recognized here, but must first be “registered” in Colorado for collection within our borders.
- I believe I have an unlawful judgment entered against me. What should I do?
Contact us as quickly as possible once you are made aware of the judgments. There are rules of civil procedure that provide an opportunity to have the judgment vacated, but a request made under these rules must be made within a short time after the judgment is entered.
At FFBP, we pride ourselves on our legal reputation, credibility, and results. Get the benefits of a “big firm” presence, with “small town” attention and focus. We would be honored to assist you. Please contact us at (303) 688-3045 to speak with a litigation attorney today.