K E L S E Y &  T R A S K, P.C.
attorneys at law
 

Business Litigation in Massachusetts

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Below we have provided answers to many of the common questions that we are asked by our clients involved in business disputes. If you would like more information please do not hesitate to call us at 508.655.5980 or e-mail us.

What is Business Litigation?

Business Litigation refers to the area of the legal practice that involves a lawsuit in civil court (not criminal court) between at least two parties, one of which is a business, and in which one party is seeking relief from the other party. Usually the relief sought is money damages.

Why does my business need a lawyer?

If you own a business or want to own a business, you should be aware of the danger that owning a business presents to your personal assets. According to the U.S. Small Business Organization, about half of all small businesses fail within the first five years. If your business is sued and you have not properly protected yourself by setting up the appropriate business entities and maintaining them correctly, then all of your personal assets might be at risk. Kelsey & Trask, P.C. will review your goals, assets and risks, and advise you on the appropriate choice of business entity that is best for you and your small business. We will take the time to explain the difference between each form of ownership and the advantages and disadvantages to each, whether it be a simple sole proprietorship, simple partnership, Limited Liability Company (LLC), S-Corporation, C-Corporation, or Limited Partnership.

If you already have your business formed, we may still be able to provide advice to you on the proper way to form contracts, maintain accounts, create networking relationships, manage problem vendors, and deal with delinquent customers. Managing your business well is the best way to avoid becoming involved in litigation.

What do I do if my business is being sued?

If you formed your business as an entity, such as an LLC, Corporation or Limited Partnership, then you cannot represent your business in Court. The business entity must hire an attorney to represent itself in the lawsuit. If you have been sued individually, then you will likely need your own counsel as well. There are deadlines immediately upon the filing of a lawsuit, including but not limited to the requirement in most suits that an Answer be filed within twenty (20) days. If you have been served with a lawsuit, it is imperative that you immediately contact an attorney to discuss these deadlines.

How can I collect the money my business is owed?

We understand the hard work, dedication and sacrifice you've put into your business. Protecting and defending that investment is extremely important to any business. Kelsey & Trask, P.C. understands the importance of being paid for your services. If you are owed money by an individual or business, we can assist you in enforcing your rights in Court. Moreover, we have experience in filing attachments and liens to ensure that you are able to collect the money you are owed.

We recognize that the cost of litigation is prohibitive to the small business client, and can often work within our clients requirements to provide effective conflict resolution and litigation solutions to the small business owner.

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