LITIGATION AND TRIAL PRACTICE

TRIAL PRACTICE

SMALL CLAIMS

Kentucky has created a small claims division in its District Court to settle disputes and litigation matters involving money or personal property valued at $1,500.00 or less. The procedures of the Court are very simple and informal so that anyone can file a claim or defend themselves without an attorney. However, you can employ an attorney to handle your case if you wish, but is it usually not cost effective. The forms can be obtained from the Clerk’s Office in each County and are simple to fill out. The Defendant will be served by the Sheriff and a Court hearing will be set in front of the Judge. You should bring to the hearing all of your evidence including papers, documents, contracts, photographs, etc., and any witnesses that are willing to testify concerning the facts. At trial your story should be short, but it should include all of the relevant facts. If either party does not show up for the hearing, then normally the other party automatically wins by default.

If the Plaintiff wins and receives a money judgment, then the judgment must be collected. The Court does not collect the judgment for you. At this point you may wish to contact an attorney to legally enforce the judgment through garnishment, execution, or judgment liens.

The filing fee and fee for the Sheriff’s service of process will typically amount to under $100.00.

We handle general litigation matters for both plaintiffs and defendants in all areas of our practice whether it be domestic relations, personal injury, collections and foreclosures, or labor and employment. We would hope that in most instances litigation is the last resort not the first resort. When clients seek proactive advice prior to a problem arising, most lawsuits can be avoided. We believe that solving disputes prior to litigation has a positive affect on both businesses and individuals.

Skeeters, Bennett, Wilson, & Pike's attorneys practice at all levels of both state and federal courts in Kentucky. Our attorneys handle a wide variety of litigation matters. In representing businesses, we are involved in all types of commercial litigation law, contracts, employer/employee disputes, discrimination cases, uniform commercial code issues, breach of contract and warranty claims, and insurance coverage issues.

For our real estate clients and real estate developers we litigate title disputes, leasing controversies, survey and boundary issues, construction disputes, mechanic lien priority issues, and business torts.

Our law firm has an extensive trial practice in the real estate area. We defend realtors and agents for real estate fraud, contract disputes, title issues, and broker issues.

We have extensive litigation experience in litigation matters, commercial litigation law, employment discrimination cases, and probate including the interpretation of wills and trusts, undue influence, incompetency, guardianships and powers of attorney, and disputes among heirs.

MEDIATION AND ARBITRATION

Our attorneys represent clients in mediation and arbitration as well as serving as mediators for other attorneys and courts. Alternative dispute resolution is a method to arrive at a resolution to a dispute prior to trial. The mediation is non-binding on the participants and gives the clients a way to solve their case with a solution they have agreed to as opposed to a solution imposed on them by a judge or jury. In most cases, mediation is ordered by courts prior to a trial date being set. Arbitration is required in a number of contracts and, therefore, arbitration is mandatory. Arbitration is usually binding upon the parties and the courts will uphold an arbitrator's decision and require the parties to abide by that decision. The advantages of mediation is that it saves time and expense, it is not a public record therefore it is confidential, and in most cases it is a self agreed to disposition. Mediation and arbitration can occur in all areas of litigation such as domestic relations law and family matters, labor and employment matters, personal injury and wrongful death cases, real estate disputes, as well as many others.

APPEALS

Only a small percentage of the cases litigated ever reach the appellate level. When that occurs, Skeeters, Bennett, Wilson, & Pike is able to continue the representation of our clients through the entire appellate process. We will be able to file for you the necessary appellate paperwork including the appellate brief. We will represent you through the final stages of the appeal which could include an oral argument in front of an appellate court. Our attorneys are able to narrow the legal issues so that our arguments will be to the point and easy for an appellate court to understand. We are able to do extensive research on the applicable laws and to present the law most favorable for our clients to the court.

Our attorneys are admitted to practice before the Kentucky Court of Appeals, the Kentucky Supreme Court, the United States District Court, Western District of Kentucky, United States 6th Circuit Court of Appeals, United States Supreme Court, United States Court of Military Appeals, and the United States Board of Claims.

ADMINISTRATIVE LAW

Both individuals and businesses may have an occasion where they need to be represented before either a local, state, or federal administrative board. Their representation may also include an administrative decision being appealed to a court for clarification or overturning an administrative decision. The attorneys at Skeeters, Bennett, Wilson, & Pike have represented clients before numerous local boards such as planning and zoning, boards of adjustment, local civil service boards, and disciplinary boards. We have also practiced before such state boards and agencies as The Kentucky Real Estates Commission, The Kentucky Nurses Licensure Board, The Kentucky Medical Licensure Board, The Kentucky Board of Engineers, The Kentucky Board of Auctioneers, The Kentucky Gaming Commission, The Public Service Commission, and others. We also represent federal employees concerning labor matters involving promotion, demotion, and discrimination. We have represented both businesses and individuals before The Kentucky Human Rights Commission.