Declaratory judgments are an important tool in litigation. They allow individuals to seek a court’s direction at the early stages of a controversy. When there is uncertainty as to the legal obligations or rights related to a potential future course of action, declaratory relief offers an immediate means to resolve this uncertainty. Both federal and state law provide for methods by which litigants may seek declaratory relief from the courts.
Typically, if on offense, we will first send a cease-and-desist, or “demand package” prior to seeking declaratory judgment, or declaration from a court. This requires not only a thorough understanding of the facts of your case as well as the applicable law.
Declaratory judgments allow a party to identify the their rights and responsibilities under a contract, deed, or other legal instrument.If you are caught up in a real estate litigation matter, call our office at (740) 346-2899 to schedule your initial consultation and strategy overview.