LITIGATION TOPICS
 
Question:  Can I represent myself in a lawsuit?

Answer:  Generally, an adult person, but not a business entity, can represent himself/herself in a lawsuit, although it is highly recommended that a party to a lawsuit retain legal counsel to appear as attorney of record in the litigation.  Court litigation is governed by technical and complex rules of substantive law, as well as procedural rules.  There are strict time requirements pertaining to setting and responding to motions, the preparation of supporing papers and briefs, discovery requests and responses, rules pertaining to the admission or exclusion of evidence, and rules pertaining to the conduct of trials.  Matters that may appear to be routine or simple, such as an unlawful detainer (eviction) suit or a debt collection suit, are governed by strict State rules, as well as local (County) rules.  If a person is named as a party to a lawsuit, he or she should contact an attorney immediately.
 
Question:  Are there alternatives to expensive and time consuming litigation in Court?

Answer:  Yes.  Alternative Dispute Resolution (ADR) is becoming popular.  There are several types of ADR, including mediation, arbitration, and neutral case evaluation.  The nature of the dispute often determines what type of ADR might be most economic.

Question:  What can I do if I cannot afford to pay a judgment?

Answer:  During the course of a lawsuit, it is often possible to negotiate an installment judgment, where the defendant admits liability and admits that money is owed to the creditor, if the debtor cannot afford a lump sum payment.  An installment judgment provides for monthly payments over a period of time to the creditor.  Once the judgment is satisfied in full, a satisfaction of judgment is filed with the court by the creditor.

Question:  What is an exemption for execution of judgment?

Answer:  After the plaintiff obtains entry of judgment by the court against the defendant, the plaintiff (also known as a judgment creditor) can enforce the judgment by directing the Sheriff to seize property of the judgment debtor towards the satisfaction of the judgment.  Assets, such as real property, bank accounts, vehicles, future wages, or accounts receivable, could be subject to enforcement of the judgment.  There are exemptions provided by statutes that protect consumers, such as the homestead exemption, which protects a portion of the equity of the debtor's interest in a home, the amount of which is dependent upon the age of the debtor and other factors, exemptions for various other classification of assets, such as household furniture and furnishings, personal effects, a portion of the equity in a vehicle, and certain retirement plan benefits.  Generally, exemptions are available only to individuals and not to corporations.  Once the judgment creditor commences efforts to enforce a judgment, only a limited amount of time may be available to the judgment debtor to request a hearing on the exemption, or the claim of exemption might be lost.