The first step in resolving a civil matter entails getting the court summons to the defendant quickly. That’s only half the battle, though, as you need to find an efficient way to resolve the issue.
A courtroom is a scary place
People go to great lengths to avoid being hauled to the courtroom, especially for non-criminal cases. As you can’t involve the police in a civil matter, you have the duty to deliver the court papers to the defendants.
That’s where hiring a reputable same day process service in NYC saves the day. These professionals will use all resources at their disposal to locate the individual and serve them with the court papers. Doing so is only half the battle, though, as you have to convince the courtroom of the defendant’s liability.
Understand civil litigations
Criminal and civil laws are vastly different, and their cases don’t follow the same discourse. In criminal cases, the government prosecutes a crime against humanity. In civil litigation, the plaintiff is often seeking damages from the defendant.
As such, civil law doesn’t need the defendant to prove beyond a reasonable doubt that the other party is guilty. Instead, civil lawsuits use “preponderance of evidence” to determine liability. That means your chances of winning the case hinges on the ability to present accurate and convincing evidence.
Civil lawsuits cover employment lawsuits pitting employees and employers, insurance settlement lawsuits, and small claims cases. They also cover breach of contract cases where one party fails to abide by the contract terms.
You don’t have to appear before a judge
At first glance, hiring a firm to trace the defendant and deliver summons, yet the case isn’t heard before a judge, might seem counter-intuitive. However, some situations warrant such a course of action. The threat of a lawsuit often suffices in getting people to playball.
Once a defendant is served with a court summon, they might soften a hardliner stance and be more amenable to negotiating a settlement. Court cases can be tedious and demanding on both time and resources. Most defendants realize this early on and opt for an out of court settlement.
In some cases, people are keen to avoid lawyer fees. The cost of hiring a lawyer can is often prohibitive. Rather than incur huge legal bills, most people prefer to use the money to settle the matter outside the courtroom.
Payday isn’t assured
In most cases, you might be taking someone to court to recover damages or recover compensation. While the court might rule in your favor, that doesn’t mean you will get the money. If the defendant isn’t in good financial shape, you might get the judgment but not the compensation.
However, the court might pressure the defendant to pay by garnishing their wages or placing a lien against their properties. But, you should know that you can’t get blood from a turnip. If the defendant doesn’t have any asset, you’ll most likely end up with nothing.
Process servers are a great way to trace a slippery individual trying to give you the slip in a civil matter. These professionals can get the job done quickly and professionally. However, you need a clear course of action after issuing the sermons. Don’t get too hung up on pushing the matter through the civil court as it might not get you the results you need.
