Garden Law Firm

Is a top-tier legal team specializing in securities and investment misconduct, offering expert guidance and unwavering support. With a commitment to achieving justice, they go above and beyond for their clients. Trust Garden Law Firm to fight for your rights with professionalism, dedication, and compassion.

Improving While Upholding the Law

Our work systems constantly evolve to adapt to the changing world and keep us at the forefront. While we implement the most advanced management standards, we always operate within the boundaries of the law. This ensures security and efficiency for our clients.

Garden Law Firm

At our law firm, we specialize in a wide range of legal processes and procedures. Our highly trained team is equipped to handle almost any legal matter. However, our primary focus is on commercial law. To clarify further, here are our main areas of expertise:

Commercial Litigation Processes

One of the most requested services at our firm is commercial litigation. Fortunately, our attorneys have extensive experience in this area and a strong track record of successful cases.

But what is commercial litigation? Essentially, it involves almost any dispute that arises in the business world. This can include patent violations, corporate damages, contract breaches, class actions, and many other issues.

Whether dealing with large or small cases, our attorneys carefully analyze each situation and assess its merits. This allows us to tailor the legal process to the client’s specific needs. Now, let’s take a closer look at how the process works:

What Is the Process of a Commercial Litigation Case?

Typically, once a dispute arises, the individuals or companies involved are aware of the situation’s details. However, each party may have its own perspective, often influenced by emotions rather than legal principles. For this reason, it is crucial not to take action without professional legal counsel, as this could lead to unlawful decisions. Additionally, making the wrong choices can significantly increase the risk of losing the case.

Hiring us as your attorneys is the best decision. Most lawyers do not specialize in all areas of business law, but our team is highly qualified to handle cases of this nature. We follow a thorough legal process that leaves no gaps and aims to achieve the most favorable outcome for you as our client. Now, let’s take a closer look at how the process works:

1. Lawsuit

Naturally, every lawsuit begins when the plaintiff files a complaint. This includes a statement of facts, a declaration of jurisdiction, and the requested relief. Typically, this relief involves compensation for damages, which is often monetary.

The plaintiff must provide sufficient evidence to prove that the events occurred as described. Otherwise, the defendant may file a motion to dismiss the case, effectively ending the process without consequences.

2. Answer

If the lawsuit proceeds, the defendant must respond within a specified time frame. In this response, the defendant must either admit or deny the facts outlined in the complaint.

Naturally, if the facts are denied, the response must include a defense that can be proven in court.
At this stage of the process, the defendant may file a counterclaim or other legal actions. Otherwise, the case may become more complicated in terms of bureaucracy.

3. Discovery

The discovery phase consists of an in-depth investigation period. During this time, both parties gather and collect all possible information relevant to the case. In fact, following specific guidelines and restrictions regarding relevance and proportionality, one party may demand information from the other. Requests for admissions and physical documents can be made. Additionally, oral questions may be asked during depositions.

This part of the process is often the most expensive due to the significant human resources required for document review. However, it is worthwhile, as it is during this phase that the case gains the most strength. In fact, most settlements typically occur during this stage.

4. Summary Judgment

After discovery, the case moves to trial. However, it is common for one of the parties to attempt to resolve the case through a motion for summary judgment. If the moving party is entitled to judgment as a matter of law or if there are no genuine disputes over material facts, the motion may be granted.

That being said, it is quite rare for a summary judgment motion to be granted. This is mainly because proving the necessary facts at this stage is challenging. Additionally, even if those facts are established, they may not fully meet the legal requirements. It is common for both parties to attempt to conclude the litigation process at this stage. However, if no settlement is reached or the case is not dismissed through summary judgment, the trial proceeds. This is where the litigation process ultimately comes to an end.

5. Accounts Receivable Recovery

It is common for businesses to provide services or sell goods with payments deferred over time. Unfortunately, it also happens—far more often than we would like—that clients fail to take responsibility for their debts and do not pay. This presents a significant challenge for any business, as cash flow decreases along with profitability. Debt collection is therefore a necessary activity in these situations, but unfortunately, it is not as simple as just asking the client to pay.

Fortunately, installment payments are usually agreed upon alongside guarantees that protect the company. These guarantees serve as the legal basis for enforcing payment. In some cases, businesses also extend a degree of trust to their clients. However, trust is not always mutual. We understand how challenging debt recovery can be, which is why we strongly recommend seeking legal assistance. Our team specializes in a wide range of legal services, including overdue debt recovery. We can persuade delinquent clients to settle their debt once and for all, or, if necessary, initiate legal proceedings.

How Is Debt Recovered?

As with any legal process, the first step is to conduct a feasibility analysis. Our team evaluates the guarantees provided, the amounts owed, and the duration of the delinquency to determine whether debt recovery is viable. More importantly, this analysis helps assess the likelihood of successfully recovering the debt.

Once this step is completed, collection strategies are considered and prioritized from the least aggressive to legal action. Initially, we attempt collection through phone calls, emails, text messages, and letters. If these methods fail, we proceed with in-person collection, though in some cases, this approach can be risky. It’s important to recognize that not all debtors are ideal clients—disrespect, threats, and even violence are real dangers. Responding in kind is never the best course of action, so if all amicable methods fail, we turn to the legal system. By initiating a lawsuit, we can almost certainly secure a favorable outcome for our client.

6. Financial Jurisdiction Process

A jurisdictional process, regardless of the field, is challenging to manage and naturally requires the assistance of professionals. In this case, whether you are the plaintiff or the defendant, you will need a lawyer or a team of lawyers to handle your case.

But what exactly is a financial jurisdiction process? It is a legal procedure in which a judge is asked to issue a ruling based on a specific right. In this particular context, we focus exclusively on financial law.

However, there are specifically three types of jurisdictional processes, each with slightly different phases. To clarify any doubts, we will review them in more detail below

DECLARATORY PROCESS

The purpose of a declaratory process is to obtain a ruling from the court that satisfies the claimant’s request. To achieve this, the court must issue a specific judicial resolution. Although the phases may vary, the typical steps of such a process are as follows:

A. PLEADINGS PHASE

The objective of this phase is to introduce the case details along with all its substantial elements. In other words, it brings the legal matter before the court. Along with the pleading, a claim must also be presented.

Within claims, there are two key components:

The determination of the jurisdictional authority.
The actual request and the legal facts that support it.

Each party with standing in the trial must submit their claim along with supporting facts. Additionally, they must propose relevant evidence that is closely related to the presented facts.

Specifically, in a financial jurisdiction process—being a civil proceeding—the most crucial act is the filing of the lawsuit. This is because the lawsuit simultaneously represents the right of action and the claim itself.

B. EVIDENCE PHASE

Since the ultimate goal of a declaratory process is to obtain a ruling, the court grants both parties access to the evidence phase. During this stage, the goal is to demonstrate to the judge that the facts and arguments introduced in the initial phase are true. Of course, this applies exclusively to the claimant’s assertions, as the defense must do the opposite—present evidence to support its argument and claim of innocence.

At this point, both parties are presumed to have the same «arsenal» before the judge. The judge may intervene during the evidence phase by asking questions to either party or to witnesses. It is crucial during this stage to eliminate as many gaps as possible. By tying up all loose ends, the facts gain unquestionable support, making it easier to reach a conclusion.

C. CONCLUSIONS PHASE

Once all the facts have been presented and duly proven, the case moves into the conclusions phase. Essentially, this is a summary of what has transpired, during which no new information may be introduced. The parties are only allowed to make arguments based on the previously submitted and validated evidence. It is important to note that the narrative of events cannot be altered in any way. Otherwise, inconsistencies would arise before the court, potentially leading to severe consequences.

Finally, after the conclusions have been presented, the phase is considered complete. The final act is the issuance of the verdict by the jury, which officially resolves the dispute.

D. APPEALS

After the ruling has been issued, the losing party still retains certain rights, although they are not absolute. They may appeal through formal petitions or legal remedies, either within the same judicial body or before a higher court.

While it is rare for a ruling to be overturned entirely, the purpose of appeals is generally to strengthen the guarantees of justice. The number and nature of available appeals depend on the discretion of the judicial authority. In some cases, the right to appeal may not even be granted, depending on the final conclusion of the case.

7. Execution Process

The execution process is primarily governed by the judicial authority rather than the parties involved in the trial. This is because execution ensures that the actions dictated in the ruling are carried out when the obligated party fails to comply voluntarily.

In private and administrative law, the judicial body is fully responsible for enforcing the execution process, ensuring that the judgment is fulfilled as mandated.

8. Cautionary Process

Let’s go back for a moment to the declaration process. As we saw, it consists of several phases that usually take time. The accused party may take advantage of this time to hinder the plaintiff’s investigation. If accurate results are to be ensured, this cannot be allowed to happen.

Therefore, the plaintiff may request the execution of a cautionary process, also known as precautionary protection. Through this, the judge or the relevant authority will take the necessary measures to prevent interference or sabotage in the case.

Garden Law Firm

Legal Process Consulting for Investments

As expected, finances are crucial when running a business, planning to invest, or acquiring property. In any of these cases, there is a significantly large movement of money, and a bad decision or a minor violation can be fatal.

A misstep can result in financial losses, from depleting your funds to getting into legal trouble.

It is essential to find the right banking institutions that offer the best support.

At the same time, any credit issues, such as foreclosures or mortgages, must be carefully analyzed.

This includes the pressure from collection agencies pushing you to pay personal or business debts. Many people attempt to escape their debts by investing money in different areas.

However, these investments often turn out to be unreliable and, in many cases, legally questionable. Doubts grow, capital decreases, and problems multiply.

Sorting out these matters is a priority, as it directly affects the quality of credit your business—or you—can offer. Our law firm has highly qualified specialists who can approach these issues with a clear mind and guide you through the entire process.

Below, we will outline some of the areas in which we can assist you. If you need help in any other area not mentioned here, please feel free to contact us for further discussion.

Consumer and Business Bankruptcy claims.

Bankruptcy is a complex matter, especially from a legal standpoint. Our experienced attorneys will help you protect your funds and company assets throughout the process. Additionally, they will guide you on your rights and ensure they are upheld.

Banking matters.

Let’s be honest—when it comes to loans, documents, banking disputes, mortgages, and similar matters, it’s easy to feel lost. That’s why our attorneys will guide you through every step of the process, helping you properly interpret each procedure.

Debts.

In business, debts are common. The real problems arise when they drag on for too long, often leading to unfavorable outcomes. A specialized attorney will work with you to establish an agreement that benefits both parties. Of course, such an agreement will be in your favor, giving you enough time to secure the necessary capital.

Taxes.

It’s often said among attorneys that tax law is like learning to speak Greek—extremely complex, leading many to unknowingly commit infractions. With a lawyer by your side to help you understand the relevant laws and how they affect you and your company, you’ll have a clear path forward. A tax specialist will support you throughout the fiscal process and ensure you remain compliant with legal regulations.

Annuities and Insurance.

Our law firm has attorneys specialized in insurance and annuities. We’ll help you understand what an annuity contract means for both you and your company. Additionally, we know how to negotiate with insurance companies to secure the best possible contract.

Trusts, Wills, and Estates.

Estate laws are constantly evolving, meaning wills and trusts must be updated accordingly. Ensuring that these documents are executed as intended can be complex, but our attorneys are fully equipped to handle the task.