After a court enters a judgment in a civil case, it is up to the prevailing party (sometimes called a “judgment creditor”) to execute that judgment. This requires a writ of execution, which is a form of legal process issued by a court that directs the court marshal to seize (or “attach”) the assets of
Litigation
U.S. Virgin Islands Should Adopt “Reasonable” Standard for Foreseeability for Negligence Claims
In the vast majority of personal injury cases, the determination of who was at fault in the incident comes down to determining who was negligent in the situation. The general standard used in these cases in most parts of the United States is that negligence is the failure to use a “reasonable” amount of care…
Common Sense Strategies to Help Avoid Business Litigation
Just about all successful businesses will find themselves involved in a lawsuit at some point. However, there are many strategies you can employ to help you avoid unnecessary legal disputes and minimize the risks you face. This will help you save money and maintain your focus on your business rather than ongoing litigation.
Here are…
Business Owners: You’ve Just Been Served: Now What?
For any business owner, a potential lawsuit is a distraction and a hassle. If you find yourself in a situation in which you’ve been served with a lawsuit, it’s important to take action quickly to best protect you and your company.
Defending yourself from the claims made in the lawsuit could become an expensive and…
Resolving Business Disputes Through Small Claims Court
The dollar limits within the Small Claims Division of the Virgin Islands Superior Court has increased to $10,000, which has made the court a viable option for business owners to resolve disputes quickly, easily and, perhaps most importantly, at a lower expense than was previously possible.
These types of disputes often occur between business owners…
Tourist Destinations Could Face Trouble for Unlicensed Music
Protecting Your Business by Properly Collecting, Preserving Incident Related Evidence
In many ways, it’s a business owner’s worst nightmare—a customer trips and falls on a step in their store, is injured by falling merchandise or slips on a puddle of water in the parking lot. If the injury is serious enough, the customer may try to sue the property owner, alleging that the owner’s negligence…
What Protections Are Available Under U.S. Copyright Law?
U.S. copyright law can be very difficult to truly understand, and the technological developments over the past decade couple decades have complicated matters to the extent that the law is still very much in flux.
In the United States and its territories, the ability to copyright a work requires that the work be the original…
Case Examines the Rights of Condo Associations to Force Unit Auctions
Vacant units at the Sapphire Beach condominiums on the East End of St. Thomas, U.S. Virgin Islands are at the center of a recent complaint submitted to the territorial court on behalf of condo unit owners, who claim the failure of the owners of those since-vacated units to pay common charges has put considerable financial…
Understanding Key Exemptions During Bankruptcy
Filing for bankruptcy protection does not necessarily mean giving up all of your property and assets. In both Chapter 7 and Chapter 13 bankruptcy filings, exemptions allow you to hold onto certain assets. Depending on the particular item, your property may be protected up to a certain dollar amount. In other cases, the protection is…