The only time you want to hear, “You’ve been served,” is at your favorite restaurant. You certainly don’t want to hear those words from a process server who hands you papers about a lawsuit filed against your business.
Unfortunately, the risk of being served is part of being in business. Quite often, the lawsuit is filed by a disgruntled customer seeking restitution for a perceived wrong. Those matters can often be resolved out of court. There might also be a situation in which the lawsuit goes beyond customer satisfaction.
In either case, you would benefit from having an experienced Gulfport litigation and appeals attorney taking on the role of your legal representative.
The Initial Stages of a Mississippi Business Lawsuit
When you are served with a lawsuit, you will be designated as the “defendant.” That means you need to defend your business against the allegations spelled out in the lawsuit.
There are various stages that you’ll go through during the lawsuit process, but these are methodical and not rushed. In other words, you won’t be served the complaint on Monday and expect to be in court the next day.
Every Mississippi business owner should understand how the process works and what needs to be done every step of the way.
Fortunately, if you have a strong business attorney in your corner, you’ll be able to navigate through these stages and address them one by one.
Demand
Before an official filing of a lawsuit complaint, there could be an attempt made by the plaintiff’s attorney to resolve the issue “out of court.” This will involve receiving a formal demand letter that outlines the complaint and the restitution the plaintiff seeks.
At first, you might outright resist this. However, there could be room for negotiations to settle the matter without involving the courts and making it public. That could be the best option for your business.
Filing the Complaint
If you object to the demands, the plaintiff will file a complaint with the appropriate civil court in the district where your business is located. The complaint will set out the reasons for the dispute and the type of relief the plaintiff seeks.
Summons and Service of Process
Once a complaint has been filed, the court will issue a summons that requires the defendant to respond. That summons is delivered by a process server.
Response
You will have a limited time to respond to the summons in the lawsuit. That response will either be an answer that admits or denies the lawsuit allegations. The other option is to file a Motion to Dismiss, which challenges the legal basis of the lawsuit altogether.
Discovery
If the matter can’t be resolved and is not dismissed, you’ll enter into the discovery stage. This is where the plaintiff and the defendant exchange documents, depositions, and other relevant evidence related to the complaint.
Once the discovery is complete, you move on to the trial phase, where each side presents its arguments, and the matter is resolved by the judge and jury.
Common Grounds for Business Litigation in Gulfport
For a lawsuit to proceed through the courts, there must be grounds for the action.
Essentially, this means that the lawsuit needs a legal reason for bringing the matter before the court. It’s important to note that a lawsuit can have grounds without merit. In other words, just because someone accuses your business of wrongdoing doesn’t mean they are right.
Here are some of the common grounds for business litigation in Gulfport:
- Breach of Contract
- Partnership and Shareholder Dispute
- Premises Liability
- Personal Injury
- Intellectual Property Infringement
- Employment Disputes
- Business Torts
Your litigation attorney will be prepared to take on any of those grounds as they mount a rigorous defense on your behalf.
The Role of Mediation and Alternative Dispute Resolution
In Mississippi, there is a path to a lawsuit resolution that bypasses the need for a lengthy, expensive trial. That would be settling the matter through mediation and Alternative Dispute Resolution (ADR).
This is a process in which both parties present their complaints and evidence to an objective, yet skilled, third party who will attempt to facilitate a resolution.
ADR might be required under a business contract clause. It can also be ordered by the court if a complaint has already been filed. Unlike court proceedings, mediation records remain confidential. That can support your company’s brand.
This approach is also more cost-effective and quicker.
The results of ADR are not binding unless both parties agree to arbitration. That will also involve an objective third-party weighing the evidence. However, their decision on resolution is binding.
Opting for mediation can help you resolve the matter quickly. If there can’t be a resolution that you consider to be fair, you can move on to the formal trial.
Why Local Legal Counsel Is Critical for Success in a Business Lawsuit
Small claims courts deal with business lawsuits but on a much smaller scale, hence the name. In Mississippi, these matters are handled by the Justice Court and are only for issues up to $3,500. Typically, you don’t need a lawyer in small claims court.
However, if the lawsuit you’re facing could potentially cost you significantly more than, then your best approach is to retain the services of a skilled Gulfport litigation and appeals attorney.
The legal team at Owen, Owen & Smith, PLLC has been helping Mississippi business owners since the firm’s founding in 1982.
We bring those years of experience into every case we undertake. Having legal representation with a deep understanding of the Mississippi Rules of Civil Procedure, filing deadlines, and courtroom expectations helps ensure that your defense is handled efficiently and without costly missteps.
We have also established professional relationships within the legal community.
That often helps us facilitate negotiations and alternative dispute resolution more effectively. Our goal will always be to support our clients’ interests by providing a fast resolution to a civil complaint without causing major disruption to their business.
At Owen, Owen & Smith, we understand the challenges business owners face when litigation threatens their operations and financial stability. We also appreciate how important it is to protect a company’s brand, built over the years.
Our team provides practical, strategic guidance tailored to Mississippi businesses and works to resolve disputes as efficiently as possible.
If your business is facing a lawsuit or contract dispute, don’t wait to get experienced legal guidance. Contact Owen, Owen & Smith today to schedule a consultation and learn how our Gulfport business litigation team can help protect your company and position you for success.
