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Questions about Civil Litigation Process

What is civil litigation?

Civil litigation is a process that conflicting parties resort to, in order to resolve their disputes. It involves a formal presentation of the facts before an impartial tribunal such as a judge or jury in order to resolve contested disputes in a systematic and legal manner. The civil litigation process involves adhering to various rules, regulations and procedures where these rules are common irrespective of the reasons for litigation. However the substantive law behind litigation may vary from case to case. The substantive law is derived from different sources such as case laws, statutes, rules, regulations, and so on. Once the judgment has been passed, the winning party or the party in whose favor the ruling has been made can implement it through various tools ranging from enforcing specific performance to having the sheriff seize and sell the debtor’s property to satisfy the judgment.

In Kentucky, how much time does either side have to respond to any motion filed in a case?

In most cases, a response to a motion needs to be filed within ten days from when the motion was served or within the designated time set by the court. The response should be supported with a certificate of service.

My creditor is trying to enforce the judgment won in a civil litigation. Is a social security number required to garnish wages? Can my credit history be altered?

In most cases, technically the creditor will be able to access your wages or money without your Social Security Number (SSN) or Driver’s License (DL) information. However employers depend upon reliable personal identification information to proceed with garnishment of wages to fulfill a court order. Sometimes, the employer may file paperwork to halt the garnishment of the wages until they establish the correct identity of the individual through an SSN or DL. Your credit is unlikely to be affected without your Social Security Number or date of birth details. However as a precautionary measure, it would be wise to pay off the debt or mutually agree upon a payment plan which is viable for both.

The attorney on my civil litigation has done an inefficient job which has caused detrimental results. What can I do?

You could file a law suit or “bar complaint” against the attorney at the time of the attorney committing errors such as not adhering to deadlines, negotiating incorrectly, and so on. You could also request a motion for a new trial though trivial reasons are not entertained for this purpose. You will need to prove sufficient negligence and mishandling of the case. You may need to hire another attorney who has experience as a legal malpractice attorney to help you sue the former attorney. Local attorneys are available on the following website.

I am representing myself in a civil litigation case for a summary judgment and I have not received any information from the court. What can I do?

You can write a letter addressing the judge and make an enquiry regarding your case. The purpose of this letter is to serve as a gentle reminder that it has been several months since the case has been filed and you have not received a response. You may need to state you have been adversely affected by the failure to receive any resolution regarding your case. You need to request the court to review the case and rule accordingly. It would be wise to word your letter as a simple enquiry rather than a demand or complaint to avoid offending the judge or court.

I was considering posting civil litigation information against my former employer online. Is this regarded unlawful or inappropriate?

Information and facts related to civil litigation are considered a public record. In most cases, the complaint would be visible or available on the court website too. Therefore, unless the judge has specifically ruled stating that the information is privileged or confidential, it is not considered improper to post the information online. It should be noted only factual information can be posted. If there are untrue or false statements and accusations in the information it could be regarded as libel or defamation. To avoid this, only the truth should be conveyed since truth serves as an absolute defense against defamation.

Civil litigation encompasses a wide variety of disputes which involve various laws, rules and procedures to adhere to. It could range from simple debt recoveries to complicated property disputes. Civil litigation uses substantive law to derive conclusions which results in a clear winning party, leaving the other party to fulfill the judgment. If you wish to know more about civil litigation as well as your rights and options either as a plaintiff or as a defendant, consulting an Expert who can guide you with important information and clarify your doubts will prove useful.
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