PRACTICE
AREAS
The Cottrell Law Firm offers a full range of of legal services in the following areas: |
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Family
An area of the law dealing with family relations including divorce or dissolution, adoption, custody, support, antenuptial and postnuptial agreements.
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Bankruptcy
Is the administration of an insolvent debtor’s property by the court for the benefit of the debtor’s creditors. Bankruptcy protects debtor from debt collection by creditors. There are four types of relief to individuals or corporations under the Bankruptcy Code: Liquidation (Chapter 7), reorganization (Chapter 11), debt adjustment for a family farmer (Chapter 12), and debt adjustment for an individual with a regular income (Chapter 13).
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Appellate
Appeals are proceedings bought before a higher court for review of a lower court’s judgment for the purpose of convincing the higher court that the lower court’s judgment was incorrect. A party to a lower court’s decision has a limited amount of time to bring an appeal before a higher court after the lower court’s decision becomes final or they are forever barred from bringing the appeal.
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Corporate
Relates to a business corporation and how its shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community and the environment, interact with one another under the internal rules of the firm. Corporate law also includes other types of business associations such as partnerships or trusts.
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Commercial
The legal rules and principles bearing on commercial transactions and business organizations. Commercial law includes the laws that pertain to sales; negotiable instruments, such as checks and promissory notes; carriage by land and sea; insurance; brokerage; guaranty; and shipping.
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Probate
Relates to drafting wills and trust instruments for the purpose of administering an estate. Most probate proceedings involve submitting and proving in court that a document is the valid last will and testament of a deceased person. Once filed and accepted as the last will and testament, probate is generally accomplished by an executor/executrix who is paid a fee based on the size of the estate that passes through the will. Certain trusts and jointly owned property pass to beneficiaries without being subject to probate and the attendant fee.
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Real Estate
The interest, benefit, rights or privileges in property consisting of land, buildings, crops, or other resources still attached to the land. This includes the capacity to hold interests in real property, permissible interests in real property, relations between owners, relations between owners and the community, landlord and tenant relations, the transfer of interests in real property, the rights of homeowners and condominium owners and the responsibilities of homeowner associations, condominium associations, and management companies, and real property financing, including deeds and mortgages. Real estate transactions, such as purchases, sales, and leases, are governed by a wide body of federal and state law, and the requirements established by state law often differ from state to state.
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Personal Injury
A personal injury is an injury, either physical or psychological, that a person has suffered as the result of an accident. A person who suffers a personal injury due to an accident that was the fault of another may be entitled to compensation from the party who’s negligent conduct caused the injury. Injured parties have generally two to four years to assert a claim or could be barred from filing a claim against the person that injured them.
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Foreclosures
Is a legal proceeding by which a borrower's rights to a mortgaged property may be extinguished if the borrower fails to live up to the obligations agreed to in the loan contract. The lender may then declare the entire debt due and owing and may seek to satisfy it by foreclosing. Foreclosure is commonly by a court-decreed sale of the property to the highest bidder, who is often the lender.
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Lemon Law
A law obligating manufacturers or sellers to repair, replace, or refund the price of motor vehicles that prove to be defective if they are unable to repair the vehicle within a reasonable time or reasonable number of repairs. In Florida the Lemon Law rights period runs 24 months from the date of purchase. In Florida a reasonable number of repairs presumed to have occurred when at least three repairs for the same defect or condition has occurred, notice has been given to the manufacturer of the need of a final repair, the manufacturer is give a final repair opportunity, and the defect or condition still exists or; the vehicle has been in an authorized repair facility for repairs more than 30 days.
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Federal and other state statutes afford consumers similar rights to recover for breaches of warranty from manufacturers of automobiles and other products purchased by consumers.
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