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Baumann, Kelly, Paytas, & Bernstein - Phoenix, 
    Arizona law firm Baumann, Kelly, Paytas, & Bernstein - Phoenix, 
    Arizona law firm
 
 
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  Transportation &
Motor Carrier Law
 
         
  Commercial
Litigation
 
Commercial Litigation

Baumann, Doyle, Paytas & Bernstein, P.L.L.C. offers a full range of commercial litigation services. Commercial Litigation usually revolves around situations where parties to a transaction or contract have a disagreement and/or misunderstanding with respect to the agreement between parties. Often times, both parties are convinced that their side is correct on the issue. As always, but especially under the current economic conditions, we understand and emphasize that it is important to balance the principals involved, the costs of litigation, the probabilities of prevailing/losing, and the ability to collect are important factors to be considered prior to enduring all phases of litigation.

The attorneys at Baumann, Doyle, Paytas & Bernstein have litigated and tried cases ranging from simple collection matters to complex civil litigation involving many parties. Many such complex litigation matters involve issues such as business disputes, restrictive employment covenants and federal cargo claims.

The firm’s attorneys are members of the Arizona State Bar, the United States District Court for the District of Arizona, the Ninth Circuit Court of Appeals and the State Bar of Texas. Attorneys from the firm have litigated cases in various other District Courts throughout the United States. In addition, Mr. Henry R. Paytas is licensed to practice before the United States Supreme Court.

The firm is a member of the Association of Trial Lawyers of America and the Transportation Lawyers Association.

Frequently asked questions concerning commercial litigation


FREQUENTLY ASKED QUESTIONS CONCERNING COMMERCIAL LITIGATION

Question:   Can I collect attorney’s fees from the other side? 
Answer: Yes, if you prevail or there is a mutual agreement to pay attorney’s fees. Arizona law provides that the prevailing party in a contract dispute may be awarded its attorney’s fees. See A.R.S. §12-341.01. 
   
Question: If I do win and get a Judgment against the other party, what do I do with it?
Answer: The Arizona Rules of Civil Procedure require that if you are seeking attorney’s fees then you must submit an application for attorney’s fees within twenty (20) days after a ruling or decision. If the arbitrator or judge awards attorney’s fees, he or she enters a final judgment that includes the attorney’s fees and costs (filing fees, etc.) and then the final judgment is filed with the Clerk of the Court. After the filing of the final judgment, collection efforts can proceed (commonly called executing on the judgment) and efforts to collect on the judgment are subject to the Fair Debt Collection Practice Act and Arizona law. Options to collect the judgment include, but are not limited to, wage garnishment, attachment of personal property, garnishment of non-earnings, and a judgment debtor exam. If you have a final judgment, then we recommend that you make an appointment to consult with an attorney because procedures to collect on a judgment can be tricky and complicated.  
   
       
  Accident,
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  Tax Lien Foreclosure
       
  Other Practice Areas
 

   
         
 
Baumann, Doyle, Paytas & Bernstein, P.L.L.C.     2929 N. 44th Street      Suite 120     Phoenix, AZ 85018-7239     Phone (602)952-8500       Fax (602)667-6552

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