MARTIN
LEGAL


Martin Legal, PLLC
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Martin Legal provides a variety of legal services in the real estate, business, and civil law fields. 


Call today for a free consultation in any of the following legal areas:
Business Law
Business Law covers everything related to a business entity, including formation of corporations, LLCs, partnerships, and sole proprietorships, conducting meetings of shareholders, members, directors, and officers, setting forth company goals and objectives, protecting a business's assets and intellectual property, dealing with tax and accounting issues, ensuring compliance with employment laws and regulations, handling mergers and acquisitions, selling or buying a business, terminating a business, and numerous other areas encountered by businesses.

Civil Litigation
Civil litigation encompasses most lawsuits filed by a person or company against another person or company. Most civil litigation can be separated into two categories: tort claims and contract disputes. A "tort" is a civil wrong, such as battery, assault, or negligence. Typical tort cases include car accidents, dog-bites, defamation, and medical malpractice. Contract disputes can involve sales contracts, real estate contracts, and service contracts. Typical contract actions involve non-payment for goods and services, failures to perform as agreed, or questions of whether a contract even exists.

Collections
Collections is a general term for seeking payment of a debt, which may or may not be reduced to a judgment. Collections includes preparing and sending demand letters, filing lawsuits, conducting discovery and investigations, enforcing judgments by execution, levy, or garnishment, and negotiating with debtors.

Commercial / Corporate Litigation
Commercial and corporate litigation refers to litigation between commercial entities, as opposed to litigation between people. In Florida, a company cannot represent itself in Court, and must appear through an attorney. Many people do not know this and show up in Court to represent their own small company, only to find out that they cannot.

Condominium / HOA Law
Condominium and Homeowner's Associations are responsible for the maintenance and operation of condominiums and other community associations. Associations must conduct meetings, prepare budgets, levy and collect assessments, enforce the governing documents, and ensure compliance with all rules and requirements of the Association. Associations can file and foreclose assessment liens if assessments are not paid.

Construction Litigation
Construction litigation is litigation revolving around construction companies and construction projects. Construction litigation encompasses claims that homes were not built properly, that contractors were not fully paid, or involve disputes between homeowners, contractors, sub-contractors, laborers, construction lenders, and building departments.

Contract Drafting and Review
A well-drafted contract is the key to a successful business transaction or relationship. Without a well-drafted contract, parties may be unsure of their rights and responsibilities in a particular situation, and, in the event of a dispute, will have a much harder time proving the actual terms of an agreement. 

Corporate Formation
Corporate formation refers to creating a corporation, LLC, or other business entity. In addition to establishing the business entity, successful corporate formation also includes the creation of bylaws, conducting an organizational meeting, appointing or electing directors and officers, and proving for appropriate tax treatment. 

Estate Planning
Estate planning is the process of determining in advance how an individual's property and assets will be disposed of upon the individual's death. Estate planning includes the preparation of wills, trusts, living-wills, powers of attorney, and health care designations. Estate planning can make it easier and less costly to transfer an individual's property. Without an estate plan, the State determines how an individual's property will be disposed of, and such disposal can take much longer and be much more costly.

Execution
Execution of a judgment is the process by which a judgment holder seeks to have a judgment satisfied. Execution of a judgment begins with the issuance of a Writ of Execution to the judgment holder. The Writ of Execution commands the Sheriff to satisfy the judgment by seizing property or assets of the judgment debtor. The Sheriff, based on Instructions for Levy supplied by the judgment creditor, seizes property of the judgment debtor, advertises a sale of the property, sells the property at public sale, and applies the proceeds of the sale to satisfy or reduce the judgment.

Eviction
Eviction is a process of removing a tenant from leased property. In Florida, certain notices must be posted, and certain time must be provided, before a Court will grant an eviction. An eviction is accomplished by the Court issuing a Writ of Possession to the landlord. The landlord then has the Sheriff serve the Writ of Possession, removing the tenant from the property and restoring possession to the landlord.

Foreclosure 
In a foreclosure, a party (usually a bank) is owed a debt. Repayment of the debt is secured by an asset (usually a house). When the debt is not repaid as agreed, the creditor can "foreclose" on the security interest by having the security interest sold at public auction with the proceeds applied to the debt that is owed. 

Foreclosure Defense
Foreclosure defense encompasses a wide range of responses to a foreclosure lawsuit. The main goal of foreclosure defense is to provide a property owner with the time and opportunity to negotiate a loan modification, deed in lieu, or short sale. Foreclosure defense also involves carefully reviewing the documents filed by the Bank, ensuring that the Bank has the power to foreclose in the first place, asserting every available defense, and seeking the best posible resolution for the property owner.

Garnishment
Garnishment is a method of collecting a judgment. In a garnishment, a third party that has money or property of a judgment debtor, or owes money or property to a judgment debtor, is required to turn over such money or property to the judgment holder. A garnishment can be a one-time garnishment, such as garnishing a bank account, or can be a continuing garnishment, such as a garnishment of wages.

Landlord-Tenant Law
Landlord-tenant law encompasses all interactions between landlords and tenants, including drafting and negotiating leases, ensuring that landlords maintain the leased property as required by statute, and that tenants pay rent as required by the lease agreement. Landlord-tenant law also involves ensuring compliance with the Florida Landlord Tenant Act, preparing and providing the notices required by statute, and handling eviction actions if necessary. 

Levy and Seizure
Levy and seizure is a method of collecting on a judgment. Once a judgment holder identifies property or assets of a judgment debtor, the Sheriff will seize the property, advertise a sale of the property, and sell the property at public auction with the proceeds applied to the judgment. 

Lien Law
A lien is a method of securing payment of a debt with property. If the debt is not paid, the property that is subject to the lien can be sold and the proceeds applied to payment of the debt. The main types of liens are mechanic's liens (when labor or materials are furnished to real property), assessment liens (to secure payment of assessments to a Condo or Homeowner's Association), and judgment liens (to help a judgment holder collect a judgment).

Real Estate Transactions

Real Estate Transactions include contract negotiation, drafting, and review, preparing and submitting purchase and short sale offers, gathering and organizing documents, and conducting closings.

If you have questions regarding any of these fields of practice, please feel free to call and speak with us today: (321) 543-4374.

Martin Legal
is located in Melbourne, Florida. Martin Legal represents clients in all of Brevard County, including Palm Bay, Melbourne, Viera, Suntree, Rockledge, Cocoa, Titusville, Merritt Island, Cocoa Beach, Satellite Beach, Indian Harbour Beach, Indialantic, and Melbourne Beach.
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