Lawsuits & Civil Litigation

Lawsuits - Personal and Commercial Civil Litigation
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Are You Looking to Sue Someone or Some Business?

If you have a claim against someone or some business, you probably have tried to settle it with them numerous times over a long period of time. Finally, after much anger and frustration, you have reached your breaking point.

You have decided to seek out an attorney. What you're looking for is an attorney who gets your case, who gets the law, and knows just what to do to make your points clearly and unambiguously understood in the legal process.

Well, you've come to the right place. Akiva Shapiro is highly skilled in litigation and negotiation. He takes the time to understand the nuances of your position and translates that into persuasive claims. He will counsel you on your options, your risks, and expectations of cost. And he will develop a strategy with you that takes into account your desired outcome, settlement parameters, and budget.

When people and businesses have disputes they cannot resolve, they frequently turn to the courts for help. Litigation is a multi-step process that usually begins with a demand letter and ends with a settlement or a judgment. That is the big picture of a process that sometimes takes months, or even years, for a dispute to make its way through the court system. Akiva Shapiro is there with you each step of the way. Providing the legal guidance and counseling to help you reach the best possible resolution under your specific set of circumstances.

Are You Being Sued?

If you're like most people, the moment you got served with litigation papers (usually a Summons together with a Complaint), panic sets in. If not panic, then certainly worry and concern. Did you do something wrong? What is this all about? How could this happen to me?

And after the shock, anger sets in next. This is completely unfounded! What's wrong with these people!? And I have a claim against them, I'm going to sue back (your counterclaim)!

And almost always, this is followed by the sobering thought of the sheer waste that is to follow. This is going to cost me a lot of time and money and I don't have it or want to spend it, what a pain in the you know what!

At Akiva Shapiro Law, we get that. We get it all, and we get it all the time. Akiva Shapiro's goal is to understand the details of your case and to find the ways in which the other party is absolutely wrong, or overreaching, and to use those as a basis to get you out of court as quickly as possible.

What's more, Akiva Shapiro often uncovers things that the other side did in the process which were just plain wrong, and which may form the basis of dismissal or negotiation in your favor.

By way of example, Akiva Shapiro Law took on a case where the clients, who had a judgment against one of them, had a bank account frozen by the judgment holder. Akiva Shapiro found numerous errors in their prosecution of the case, which formed the basis of an appeal and a separate claim against the creditor for violation of Federal and NY laws.

By the time the case was over, Akiva Shapiro had gotten the funds released to the client, the dismissal of the original judgment, and a cash settlement payment to the client - a package worth over $37,000.

At Akiva Shapiro Law, our goal is to help you resolve your dispute quickly and cost-effectively. But if desired, Akiva Shapiro will relentlessly pursue your cause of action to the fullest extent of the law. Akiva Shapiro understands that it can be highly stressful to be in the middle of a legal dispute, and he is there with you every step of the way.

Akiva Shapiro gets involved in every case personally. He takes the time to get to know your case and your goals, frustrations, and aspirations. He will formulate a plan of action that is tailored specifically to you, and he keeps you involved and informed throughout the entire matter.

General Information:

If you have a litigation matter, either as plaintiff or you've been served with papers as defendant, contact the Long Island Litigation Practice of Akiva Shapiro Law, PLLC. We are here to help when you need us.

For more reading, here is a brief overview of the litigation process and how the Long Island Litigation Practice of Akiva Shapiro Law can assist you in resolving your dispute or claim.

LITIGATION FAQs

What specific types of litigation does Akiva Shapiro law handle?
Akiva Shapiro Law handles all types of civil litigation, including contract disputes, estate litigation, probate litigation, divorce and matrimonial litigation, landlord/tenant litigation, collection of unpaid debts, foreclosure of mechanics liens, Lemon Law litigation, collections defense, FDCPA litigation, and other private and commercial civil litigation matters.

Akiva also handles appeals to the First and Second Appellate Divisions of the Supreme Court of New York State.
What is a demand letter?
Most litigation cases begin with a demand letter sent to the opposing party. The other party usually responds with a letter outlining their response, and, if they have any, setting forth their counter-demands. It is at this point that litigation attorney Akiva Shapiro will prove to be a valuable asset by attempting to negotiate on the strength of your position to reach a settlement that is favorable to you even before stepping into court. Akiva Shapiro is a skilled negotiator who will look to resolve your dispute in a way that is in keeping with your goals and wishes.
What happens if the case cannot be settled with a demand letter and negotiations?
If the other party refuses to negotiate or refuses to agree to a settlement favorable and acceptable to you, litigation attorney Akiva Shapiro will not hesitate to relentlessly pursue your lawsuit to the fullest extent possible under the law.

Keep in mind that even after a lawsuit is started, Akiva Shapiro will continue to explore a settled resolution for you, seeking a settlement that is favorable to you. He will negotiate on your behalf at any stage of the case in the interest of reaching a cost-effective disposition of the matter.

Akiva keeps you involved in the entire process and, of course, you make the decision as to when to settle and for how much.
What are the next steps in the litigation process?
Akiva Shapiro Law prepares and files a Summons and Complaint against the opposing party in Long Island in Nassau County, Suffolk County, Queens County, Brooklyn (Kings County) or Manhattan (NY County), or in Federal Court at the United States District Court for the Eastern District of New York or The United States District Court for the Southern District of New York. The complaint sets forth the claim or dispute and the relief requested by the “plaintiff” (the party bringing the lawsuit) against the “defendant” (the party being sued).

After the summons and complaint are filed, a person called a process server serves copies of them on the defendant. The defendant must respond to the lawsuit within a specific period of time, usually 20 or 30 days. The defendant's answer may include a counter-suit, referred to as a “counterclaim,” in which he or she asserts a cause of action against the plaintiff.

Next, both sides engage in a process called discovery. This is where each party demands information from the other in order to bring the facts and evidence to the surface. Discovery may include demands for paper records, electronic records (eDiscovery), bills of particulars, interrogatories and depositions.
Does starting a lawsuit mean that we must go to trial?
No. Just because a lawsuit is started in court does not mean that the case will end up in a trial. In fact, most civil lawsuits are settled well before trial. Akiva Shapiro will make every effort throughout the litigation process to convince the opposing party to settle the case on terms that are favorable to you.

Because we prepare each litigation case with a view toward taking it all the way through the trial, your adversary will know that as much as we will make every effort to reach a settlement, we are not afraid to go to trial if that is in the best interest of our client.