Civil and Commercial Litigation

What is Civil Litigation?

Civil Litigation is the process of resolving a legal dispute between two or more parties who seek redress in the form of money damages due to a wrong inflicted upon another person.. Civil Litigation also encompasses mechanisms to prevent an injury or wrong from continuing (Injunction) or in a contractual setting, to require a person to perform as previously agreed (Specific Performance).

What is Commercial Litigation?

Commercial Litigation covers virtually every type of dispute that can arise in a business setting. Examples of the types of cases that would be considered “Commercial Litigation” would include Breach of Contract cases, Corporate, Partnership and Limited Liability Company (LLC) disputes, Unfair and Deceptive Trade Practice Act claims, Actions involving Interference with a Business Opportunity as well as cases that concern the Uniform Commercial Code (UCC).

The Litigation Defense Group and Attorney Puzio has successfully represented hundreds of Business Entities and individuals in ALL of the above listed areas. As a result, Mr. Puzio possesses a firm knowledge of the issues at hand and fully understands the principles and intricacies of the underlying dispute.

Business and Corporate Law

What is Business and Corporate Law?

Business and Corporate Law is the body of law that concerns Business Organizations and how the rights, relations and conduct of the persons involved affect these entities. Business and Corporate Law controls the way Corporations, Shareholders, Investors, Managers, Employees and Creditors interact with one another. Examples of a Business Organization include Corporations, Partnerships, Limited Lability Companies and Sole Proprietorships.

Whether it is a decision of the proper Business structure that fits your needs or if it is a question concerning your potential exposure in a pre-existing Business entity, Mr. Puzio will assist you in making the correct decision and will answer all the questions you may have concerning your personal liability so that your exposure will be minimized.

Contract Preparation and Review

Contracts can be written or oral. However, before a Contract can become binding and enforceable, it must contain several elements. An “Offer” must be made to exchange goods or services for value. After the offer is made, the other party must “Accept” the Offer presented. Once the Offer is made and Accepted, something of value or “Consideration” must be given to the other party. “Mutuality” is the fourth element in the formation of a valid Contract. Mutuality means all parties to the agreement are willing to enter into the Contract and must have the intent to perform as agreed at the time the Contract is made. Lastly, for a Contract to be enforceable and binding all parties who make up the agreement must be competent to perform a legal act.

As a practical matter, although valid Contracts can be oral, the better practice is to have every obligation imposed, the timing of the performance of that obligation and the payment therefore be in writing to avoid any misunderstanding by the parties down the road. At The Litigation Defense Group, Robert Puzio has prepared, reviewed and litigated thousands of Contract cases and as a result possesses the knowledge and awareness of Contract Law to enable you to avoid the pitfalls of a poorly drafted Contract.

Debtor and Creditor Law

Debtor and Creditor Law refers to situations where one party (The Debtor) is unable to pay a monetary debt to another(The Creditor). Generally speaking there are two types of debt. Secured and Unsecured. Secured debt is an obligation backed by collateral to ensure that there are sufficient funds available to satisfy the debt in case of default. A prime example of a Secured debt, is the mortgage on your home. An Unsecured debt, by contrast, are those debts that are not backed by collateral. Examples of Unsecured debt are personal loans and past due credit card payments. At The Litigation Defense Group, Robert Puzio has represented hundreds of Businesses and individuals in either the successful collection of a Secured or Unsecured debt and has Defended the collection of loans and other financial obligations by fully understanding the laws associated with each type of debt.

Real Estate Law

Real Estate or Real Property Law is that body of law that governs the Buying, Selling or Using land, buildings, homes or condominiums. When purchasing Real Property, a Deed is given by the Seller to the Buyer which evidences ownership. There are several types of deeds available. Warranty, Special Warranty, Trustee and Quit Claim deeds are the most common. The Warranty Deed offers the best protection to the Buyer. There are also different ways to hold title such as Tenants by the Entireties, Joint Tenants With The Right of Survivorship, Tenants in Common, or a Life Estate. Each tenancy has its own benefits.

At The Litigation Defense Group, Robert Puzio has an in-depth and broad knowledge of Real Property Law. Therefore, whether you are a Buyer, Seller or Landlord, Mr. Puzio will intently listen to your needs and direct you down the path that will lead to your desired objectives.

Foreclosure Defense

If you are placed in a situation where you are unable to pay the financial obligations imposed by the Mortgage on your home and the Lender institutes a Foreclosure proceeding, you may have defenses to that proceeding that will either prevent the Lender from Foreclosing or force the Lender to choose another option for repayment. Some of the more common defenses that are available is a Lack of Standing, The Statute of Limitations have lapsed or the Lender failed to properly accelerate the terms of the mortgage so that it can legally institute a foreclosure proceeding. Even if the defenses stated above are not applicable to your case, you can attempt a Mortgage Modification, enter into a Forbearance Agreement, Refinance the Loan or choose from other options available.

At The Litigation Defense Group, Robert Puzio has successfully defended hundreds of homeowners facing a foreclosure proceeding. He understands the applicable law and will use every defense necessary to enable you to stay in your home.

Consumer Law

Consumer Law and Consumer Protection is that area of the law that protects the general public from the Misdeeds of Businesses in the market place. There are a variety of statutes at the State and Federal level that govern sales and credit practices involving consumer goods. These statutes prohibit and regulate deceptive or unconscionable advertising and sales practices, product quality, credit financing and reporting, debt collection, leases and other aspects of consumer transactions at the Federal level. These Federal Statutes include The Fair Debt Collection Practices Act, The Fair Credit Reporting Act and Truth in Lending regulate consumer affairs. Statutes at the state level that accomplish similar objectives are Florida’s Motor Vehicle Lemon Law and The Deceptive and Unfair Trade Practices Act.

At The Litigation Defense Group, Robert Puzio understands that business and credit reporting companies owe the general public a duty to conduct themselves in a manner that does not offend the mandates of the specified statutes. Therefore, if you believe that you have been harmed by a specific business misdeed, make an appointment today to speak with Mr. Puzio to see if in fact you may have been wronged and the remedies available that my compensate you for that wrong.

Probate Litigation

Probate Litigation are the legal proceedings generally associated with Contesting a Will, Quieting Title to Real Property in a Probate setting, disputing a Trust securing property that was improperly taken, seeking redress for a Breach of Fiduciary Duty or addressing an undue influence situation in the preparation of a Will. If you find yourself in a Probate quagmire and believe that a Will or Trust instrument is not proper, contact The Litigation Defense Group and set an appointment to see whether you are entitled to relief.

Appellate Practice

There are many lawsuits that may need Appellate review to ascertain whether the Trial Judge correctly handled the progression of a case or whether there were errors that occurred at Trial. If you believe that you were not properly given your day in Court. Contact The Litigation Defense Group for an appropriate review of your case, so that Attorney Robert Puzio can see if you are entitled to relief at the Appellate level.