The following are actual examples of what transpires during civil litigation.
3/11/13 – Petition filed for Breach of Contract
4/1/13 – Summons issued
4/10/13 – Defendants in case served with papers
5/9 – 11/25/13 – Various motions and memorandums filed and associated orders rendered. During this time the plaintiff attempted to secure a summary judgment and was challenged by defendant.
4/2/14– Summary Judgment against defendant. Below is the actual judgment rendered by the court. Plaintiff and defendant names omitted.
PLTFS MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST DEFT , IS CALLED, HEARD AND GRANTED. JUDGMENT ENTERED IN FAVOR OF PLTF AND AGAINST DEFT IN THE PRINCIPAL SUM OF $139,800 PLUS INTEREST AS OF 4-2-14 IN THE SUM OF $18,247.24 TOGETHER WITH INTEREST ACCRUING THEREAFTER AT THE RATE OF 12% PER ANNUM UNTIL JUDGMENT PAID IN FULL. COUNSEL FOR PLTF SHALL FILE W/I 20 DAYS A DETAILED REQUEST FOR REASONABLE ATTORNEYS FEES. COPIES MAILED TO ATTORNEYS OF RECORD. SO ORDERED: JUDGE
4/15/14 – Plaintiff filed motion for attorney’s fees.
Note: Summary judgments are judgments without trials. The court determines there is no dispute over the relevant facts. This is what Sentinel Consulting means when we say that a financial matter became a legal matter. In this case, the defendant has summarily lost the case and is now responsible for $158k in principal plus interest with additional levies of 12% per year until judgment paid in full. The defendant paid for their own attorney and will now be responsible for plaintiff attorney fees. The entire process spans 13 months. Out of court mediation would have settled this matter in a fraction of the time!
2/4/13 – Petition filed for Breach of Contract
2/13/13 – Summons issued
3/8/13 – Defendants in case served with papers
4/2/13 – 3/31/14 – Various motions and memorandums filed and associated orders rendered. The defendant entered a counterclaim against the plaintiff which the defendant voluntarily withdrew on 4/1/14.
2/5/14 & 4/4/14- Summary Judgment against defendant. Below is the actual judgment rendered by the court. Plaintiff and defendant names omitted.
PARTIAL SUMMARY JUDGMENT – PER THIS COURT’S ORDER AND JUDGMENT DATED FEB 5, 2014, SHALL HAVE PARTIAL JUDGMENT AGAINST IN THE AMOUNT OF $23,282.49, REPRESENTING THE PRINCIPAL AMOUNT OF ALL INVOICES, EXCEPT FOR MINIMUM TERMS (LIQUIDATED DAMAGES). CAUSE CONTINUED FROM TRIAL DOCKET OF FEB 18, 2014 TO APR 7, 2014 AT 9:00AM. SO ORDERED: JUDGE
JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT IN THE TOTAL AMOUNT OF $77,916.70; CONSISTING OF $36,957.49 IN PRINCIPAL, $7,707.06 IN ACCRUED, BUT UNPAID INTEREST, AND $33,252.15 FOR ATTORNEYS’ FEES AND COSTS. THIS JUDGMENT SHALL BEAR INTEREST AT THE RATE OF 18% PER ANNUM FROM THE DATE OF ENTRY UNTIL PAID. Copy mailed to Attorneys of Record SO ORDERED:
Note: Once again, this was a summary judgment. This case was more contentious since the defendant fought back with a counterclaim. The defense voluntarily withdrew this counterclaim later. The defendant is responsible for thousands of dollars in losses as well as $33k in attorney fees. In addition, the defendant has their own attorney fee costs. We hope the defendant pays quickly since the court assigned an 18% interest rate on any unpaid balance The entire process spans 14 months.