Business & Civil Litigations

Deadlines vary by claim type. Breach of a written contract, breach of an oral agreement, fraud, and negligence claims each run on their own limitations period. Some contracts also impose their own shorter notice requirements. Have the dates checked early, because limitations is one of the few defences that ends a case outright.

Often, yes. A written agreement is far easier to prove, but oral contracts can be enforceable in many circumstances. Certain agreements, such as those involving real estate or that cannot be performed within a year, generally must be in writing to be enforceable.

Rarely, and it is usually a false economy. Corporations and LLCs generally cannot represent themselves in Texas courts and must appear through a lawyer. Even in small claims, a short consultation often changes the strategy substantially.

In Texas, attorney’s fees are recoverable in some categories of claims, including many breach of contract claims, and under some contracts that contain a fees provision. They are not recoverable in every case, so it is worth knowing early whether fees are on the table.

An LLC or corporation, properly formed and properly maintained, generally separates your personal assets from business liabilities. That protection can be lost if formalities are ignored or funds are commingled, which is why the paperwork after formation matters as much as the filing itself.

A demand letter is often the fastest and cheapest route. It states the claim, the amount, and a deadline, and it creates a record that you tried to resolve the matter. Many disputes end at this stage, and in some claim types a proper demand is a prerequisite to recovering fees.

Litigation costs are driven mostly by how hard the other side fights, particularly during discovery. We will give you a realistic view of the likely cost ranges and check regularly whether continuing still makes economic sense. Sometimes the right advice is that a case is not worth pursuing.

Winning a judgment and collecting on it are two different things. Before filing, it is worth assessing whether the other side has assets or insurance. We would rather tell you up front that a defendant looks uncollectible than take your money to obtain a judgment you cannot enforce.

Do not ignore it. Deadlines to file an answer are strict, and missing one can result in a default judgment against you. Gather your contracts and correspondence and get advice immediately, even if you believe the claim is meritless.

Mediation is a confidential, non-binding negotiation with a neutral third party, and most Texas courts will require it before trial. Arbitration is a private process that usually produces a binding decision, and it applies only if your contract requires it. Check your agreements, because many contain arbitration clauses people forget about.