Breach of Contract Attorney
Las Vegas Civil Litigation Law Firm
When sending letters, making phone calls, and dealing with collection agencies fails to recover your money, a collections lawsuit may be required. If it comes to this, contact a Nevada Contract Litigation Attorney such as R. Nathan Gibbs, Ltd. We will handle your case and work with you on a strategy to resolve your issue. We offer efficient and fearless litigation services for creditors who are seeking payments on delinquent accounts and commercial loans. We handle contract litigation representing corporate creditors, homeowners, and debtors in all of Clark County in matters involving:
- Construction contracts
- Equipment sales and equipment leasing
- Promissory notes
We also provide pre-litigation services for businesses. We review contracts and evaluate the potential for conflict. We also draft and update proactive agreements that reduce the possibility of litigation and set terms for dispute resolution.
General Procedural Outline:
No two cases are alike and procedures vary with the nature and complexity of the legal and evidentiary issues involved. In fact, most collection cases against individual and small companies are won by default. However, in the event of litigation, the following is a very general outline of the stages of a civil action.
- Complaint Filing
Every case begins with the filing and service of a Summons and Complaint. The Complaint will contain one or more "causes of action" such as "Breach of Contract" or "Fraud".
- Service of Complaint
Once the Summons and Complaint have been filed with the court, they must then be properly served on the defendant(s). If the defendant(s) will accept service, he/she may sign an Acknowledgment of Service." Otherwise the documents will have to be formally served.
- Response To Complaint
The Defendant(s) have 20 days from the date of service of the Summons and Complaint to serve
upon the Plaintiff(s) either an Answer to the Complaint or a pleading challenging the sufficiency of the complaint.
A Response challenging the sufficiency of the Complaint is called a "Motion To Strike"
- Discovery
Once the Complaint and Answer have been filed both parties commence "discovery" procedures by which the evidence necessary to prosecute both sides of the case
is gathered. Depending on the nature and complexity of the case, one or more of the following discovery devices may be used by the parties:
- Settlement Negotiations
Settlement negotiations may proceed throughout the trial. Often the court will require the parties to try a mediation of the issues or will set a "Mandatory Settlement Conference" ( MSC) before the trial date. Settlement negotiations generally become more intense as the trial date approaches.
- Trial
The vast majority of cases settle before trial. However if the parties cannot settle the case, the only way to resolve the issues is by way of trial.
To discuss a contract dispute in Las Vegas, North Las Vegas, Henderson, Boulder City, Summerlin, and all of Clark County, NV. call R. Nathan Gibbs. Ltd. at 702.471.7454.