Disclaimer: The opinions given here are based on general fact situations and therefore cannot apply to every situation. An attorney should be consulted to review your specific circumstances.
Commonly Asked Questions about Civil Litigation
1. What is the difference between litigation and arbitration?
Litigation is the traditional method of resolving legal disputes. The rules under which litigants operate are prescribed under state (or federal) law. The dispute is decided by a judge or jury and in most cases the parties have a right to appeal the decision.
Arbitration is a method of conflict resolution dictated by a signed arbitration agreement (contract) and is conducted under the rules of the specified arbitration association. Generally, the decisions of an arbitrator are final and cannot be appealed. No jury is involved in arbitration.
2. What is mediation?
Mediation is a nonbinding method of conflict resolution. Many courts inTexas require litigants to attempt to resolve their conflict through mediation prior to trial. The mediator can be specified by the trial court or can be by mutual agreement of the litigants. The mediator's function is not to insure a fair and equitable resolution, but to achieve a settlement between the parties. Don't be surprised if your mediator is quick to point out all the shortcomings and problems with your claim or defense. Rest assured that he or she is doing the same with the other party.
3. I have been sued. How long do I have to file an answer?
Under Texas law, a defendant in state, district or county court has until the first Monday following the expiration of 20 days from the date the lawsuit was served to file his or her answer. If the 20th day falls on a Monday, the answer date is the following Monday. If the 20th day falls on a Monday that is a holiday, it is due on the next business day. Please note that the answer date in justice court is shorter, depending on the nature of the claim.
4. I have a claim against an internet seller. Can I sue them in the state and county of my residence?
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Personal Philosophy of Law:
Assertively address the client’s needs with a willingness to negotiate effective resolutions in an honest and professional manner.
Travis Cole Crowder is a fourth generation Texan and a third generation Houstonian! He graduated from Spring Branch High School and from the University of Texas at Austin with a Bachelors degree in Biology. He earned his Doctor of Jurisprudence from South Texas College of Law in 1987. His practice began downtown followed by 10 years in the Greenway Plaza area. He has practiced law in the 1960/North Harris County area since 1999. Travis and his wife, Carol, have been married since 1984.