Business Litigation · FAQ
Business Litigation — Frequently Asked Questions
Practical answers for Texas business owners facing a dispute. Educational only — not legal advice.
- Do not ignore it, and do not contact the other side. In Texas state court the answer is typically due by 10:00 a.m. on the first Monday after 20 days from service; in federal court it is 21 days. Missing the deadline can result in a default judgment. Contact an attorney promptly and preserve all related documents.
- Most cases that go to trial take 12 to 24 months from filing. Many resolve sooner — through summary judgment or settlement — and complex cases take longer. Discovery is usually the longest and most expensive phase.
- A demand letter is a pre-suit written notice asserting a claim and stating what you want. Most Texas contract claims do not strictly require one, though some statutes do. A well-drafted demand often resolves a dispute without litigation, at a fraction of the cost.
- Sometimes. Texas follows the American Rule — each side pays its own fees — unless a statute or a contract provides otherwise. Common fee-shifting situations include breach of a written contract and contracts with a prevailing-party clause. Confirm what applies before assuming recovery.
- Generally four years from the date of breach for a written contract, though exceptions exist. The limitations period determines whether a claim is still viable, so confirm it against the current statute before acting — the clock matters.
- Usually, yes. Texas and federal law both strongly enforce arbitration agreements. Challenges are possible in limited circumstances, but the default is that arbitration clauses are enforced and the dispute proceeds in arbitration rather than court.
- It arises when a controlling member or manager harms a minority owner through freeze-outs, self-dealing, diverting company opportunity, or violating the operating agreement. Texas law on LLC fiduciary duties is still developing, and the operating agreement often defines much of what is owed.
- Getting a judgment and collecting it are two different things. Collection tools include an abstract of judgment, turnover orders, and writs of execution, plus fraudulent-transfer claims and cross-state enforcement where needed. We handle post-judgment collection work.
- For select plaintiff-side matters with strong liability, quantifiable damages, and a defendant able to pay — sometimes, as a pure contingency or a hybrid arrangement. Defense and transactional matters are billed hourly or by a fixed arrangement. Terms are set in writing before any work begins.
The information on this page is for general educational purposes only and is not legal advice. Reading this page does not create an attorney-client relationship. For advice about a specific matter, consult a licensed attorney.
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