We never charge for an initial consultation. At the free initial consultation, we will discuss the details of your potential case, the legal process and answer any questions you may have.
Siraaj Liana & Partners
Frequently Asked
Questions
Frequently Asked Questions
What about out-of-pocket fees?
There will never be any up-front, out-of-pocket costs from you. You will not pay us anything unless and until we obtain a settlement or verdict in your favor.
What will this cost?
We have the financial resources to ensure that your case is well-prepared for a successful resolution, whether that ultimately occurs by settlement or through trial. If for any reason, we are unable to obtain money for you by verdict or settlement, you will not be obligated to pay the firm a fee or to reimburse us for any costs that we expended. Upon a resolution of your case, our legal fee is calculated as a percentage of the settlement or judgment. Any costs associated with your case (e.g., filing fees, expert witness fees and fees to obtain medical records) will also be paid out of the monetary recovery. Therefore, the compensation for our services is tied to our performance.
Who will work on my case?
The SLP takes a team approach in every aspect of our business. You, as the client, will be a part of that team, as we work towards an award and obtain compensation for you. The firm is fortunate to have a hard-working staff of individuals to assist award-winning attorneys in achieving the best results for you. Your case will never be handled by just one person. Instead, the collaboration between support staff and attorneys, and led by a firm’s partner, in each individual case we handle, ensure that you are represented as thoroughly and completely as your needs require.
How long will my case take?
The length of a case, from the initial free consultation through to the resolution of the case by settlement or jury verdict, depends on several variables, so it is not possible to say exactly how long a case may take. The duration of a case is often dictated by the individual court in which the case is filed. Some courts designate a time period for the discovery of evidence by each party that may be a year or longer. Other courts have a backlog of cases and therefore, the oldest cases in a county will be considered before a more recently filed case. Though some cases do settle before going to court, a settlement would not usually occur until just before the scheduled trial.
Does it matter how long I wait to file a lawsuit?
Yes. Each state has laws that provide time limits to formally file a lawsuit or claim. These laws, called the “statute of limitations”, will prevent an otherwise viable claim from being considered if it is not filed on time. Therefore, it is important to contact us, or any lawyer, as soon as possible after you have been harmed.
Do all cases go to trial?
No. Many times, for a variety of reasons, including the uncertainty of a jury’s trial verdict, the trial can be avoided through an amicable settlement; however, the Locks Law Firm prepares every case as if it will proceed to trial.
Can I bring a case for a family member who has died?
Yes, a claim for damages can be brought on behalf of the deceased by an appropriate representative of the individual.
How will I be kept informed about my case?
At the outset of our representation, you will be provided with the names and contact information for each member of the Locks team that will be assisting you on your case. We will routinely keep you informed of significant developments in your case. We also encourage you to contact us by phone or e-mail at any time with questions and we will promptly reply.
How much can I expect to win?
Unfortunately, in the early stages, it is very difficult to predict how much a case may be worth. There are many factors, including the judge and jury members assigned to a case trial, which make each case unique, and a specific monetary award cannot be predicted.
What is Debt Recovery?
Debt recovery is a process to recover a debt owed by an individual or company.
Is there any time limit to recover the debt?
The time limit to recover the debt is 6 years from the date the cause of action accrued (when the debt becomes due and payable). If there is a valid judgment against the debtor, generally the time limit to recover the same is 12 years from the date of the judgment. However, it is advisable to execute the judgment within 6 years as the leave of the Court is needed if the parties intend to execute the judgment after 6 years.
Is there any minimum amount to recover the debt?
There is no minimum amount to recover the debt. The amount claim shall only determine which Court the suit will be filed.
- Less than 100,000.00 – Magistrate’s Court
- More than 100,000.00 & less than 1,000,000.00 – Session’s Court
- More than 1,000,000.00 – High Court
Is it necessary to do a debtor's background search?
It is advisable to do an IC Search/ Company Search / Bankruptcy Search/ Winding Up search on the debtor before proceeding further. The search shall determine whether it is worth it to proceed further or not.
What is the legal procedure to recover the debt?
a) Letter of Demand
- Gives notice to the debtor on the debt owe stating the details of the debt.
- Gives 14 days to the debtor to settle or to respond.
- Will require evidence of indebtedness if the matter goes further.
- The priority is to recover the debt. Thus, if there is no necessity to file the summon, we shall negotiate further on the possibility of the settlement.
b) Summon
- After the expiry of 14 days, if the debtor still evading /neglecting to settle the demand, summon will be filed in the Court.
- The time consumed will depend on the complexity of the case.
- If no appearance is entered by the defendant/ debtor, the client can record a judgment in default against the defendant; it would take less than 3 months.
- If the case is a straightforward case, the client can go to summary judgment to save time and cost (after the defendant enters an appearance); it would take between 4 to 5 months if there is no further appeal.
- If it is a complex case, the client needs to be prepared for a full trial; it would take 6 months or more.
- Judgment can be recorded for the debt, interest (up to six years), and legal fees.
c) Execution
- Once judgment is recorded against the debtor, the client can execute the judgment to recover the debt owed (if summon is not satisfied).
- There are a few ways to execute the judgment i.e.: Judgment of Debtor Summon, Writ Seize and Sale, Possession of Immovable Property, Garnishee proceeding, bankruptcy, and winding up (company).
- The above information is intended for educational or reference purposes only as such it should not be used to inform or affect any personal decisions or for any personal use. If you are in any doubt, please contact us for further information.