Civil Litigation

Litigation is expensive, slow, and public, which is why the first question in any civil matter is whether it should be litigated at all. A well-drafted demand letter resolves a meaningful share of disputes for a fraction of what a filed case costs.

When a case does have to be filed — or when you have been sued and have no choice — what matters is a clear theory, a preserved record, and a realistic view of what a judgment is actually worth once you have to collect it.

What this includes

• Breach of contract claims and defense
• Business, partnership, and member disputes
• Real property disputes — boundaries, easements, quiet title, and adverse possession
• Construction defect and mechanics lien matters
• Fraud, misrepresentation, and unfair practices claims
• Debt collection defense, including defective assignment and statute of limitations defenses
• Collection of judgments — garnishment, liens, and supplemental proceedings
• Replevin and claims to recover property
• Small claims and justice court matters
• Injunctions and temporary restraining orders
• Appeals to the Utah Court of Appeals and Supreme Court

The realistic sequence

1. Case assessment: the legal theory, the evidence you can actually produce, and whether the other side can pay.
2. Demand and pre-suit negotiation, which is nearly always worth attempting.
3. Pleadings, and Utah's tiered discovery rules, which cap discovery based on the amount in controversy.
4. Dispositive motions where the case can be resolved on the law.
5. Mediation or settlement conference, then trial.
6. Post-judgment collection, which is a separate project from winning.