Legal Strategy | Declaratory Judgments

Author: Lauri Schmid ( email author ) ( download author’s v-card )

Although a person normally may not file a complaint until he or she has actually been harmed as a result of another person’s actions, in some situations a court will make a decision in advance to avoid a future problem. A “declaratory judgment” involves asking the court to declare (clarify) the rights and obligations of both parties so that they can perform their daily business without legal uncertainty. A declaratory judgment is used to settle questions such as who is obliged to do what under the terms of a written contract. Or, a case might involve the rights of property owners, such as determining the boundaries of adjacent properties or the ownership of property among several claimants.

Do you have any questions about whether or not a declaratory judgment would be a good idea in your particular situation? At our office, we have years of experience with a wide variety of legal areas, including bankruptcy, estate planning, wills, and trusts. Remember, it’s important to get your attorney involves as soon as possible in all legal matters.

HINT: A declaratory judgment is typically requested when a party is threatened with a lawsuit that has yet to be filed, or when a party or parties believe that their rights under law and/or contract might conflict.

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