From what my clients have told me, this threat occurs with great frequency. The typical scenario is that the individual has defaulted on a credit account. The original creditor, be it Citibank or Capital One or whomever, fails in its attempts to get the defaulting individual to pay. The individual’s debt is now referred to as “bad debt”. Many times, the original creditor will simply give up and sell the “bad debt” to an outside company, such as a collection agency, for pennies on the dollar, sometimes even less.

The collection agency then attempts to collect on the bad debt to make good on its investment. Initially, there may be a phone call or two, and then a letter from the agency to the individual. If the account is not immediately paid in full, some collection agencies turns their efforts up a notch or three, and begin to make threats to the individual.

The most common threat is that the individual’s wages will be garnished. Often times, the agency will tell the individual that the wages will be garnished “next week” if the account is not paid in full, or, in the alternative, if a substantial payment is not made on the account. If this occurs to you it may actually be a good thing because the debt collector will have just violated the Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act is a federal law that regulates and mandates what a debt collector may do in its attempts to collect on a monetary debt. In my experience, I have found that many debt collection agencies violate this law on a daily basis.

I can say with certainty that there is no law in the land that allows a creditor such as a collection agency to garnish your wages without due process of law. Due process, in a nutshell, is the ideal that you must be allowed to present/defend your case in a court of law. Everyone is entitled to their day in court, no matter how open and shut the case may appear.

If a debt collector threatens to garnish your wages without the filing of a civil lawsuit, be sure to find out exactly who you are speaking to, what company they are with, their address and return phone number. Be sure to note the date and time of the call as well. Then, contact a Consumer Attorney in your area to begin formal proceedings against the debt collector. Under the Fair Debt Collection Practices Act, you will be entitled to monetary damages and recovery of your attorney fees. In this regard, many consumer attorneys do not charge a retainer to institute one of these actions, or, they charge a small amount and attempt to recover the fees from the offending collection agency. If all goes well in your lawsuit, your debt will not have to be paid, you end up with a few bucks in your pocket, and your attorney fees are paid as well.

By: Greg Artim

About the Author:

Fantastic SEO System

Trial attorneys are licensed practitioner by the law, employed either by a party to the case or by a country to prepare and present a case. They represent people who have been injured or violated in some way. They are also sometimes called tort or plaintiff lawyers.

A tort is an act of causing physical injury, for which the wrongdoer may be sued by the injured party. Legally, torts are civil cases. They are different from criminal cases. The person that initiates the lawsuit is the plaintiff, while the accused party is the defendant. They are the two primary subjects of the trial case.

A lawsuit is a civil action brought before a court in which the plaintiff seeks a legal remedy. If the plaintiff is successful, judgment will be given in the plaintiff’s favor, and a range of court orders may be issued to enforce a right, award damages, or impose a sanction to prevent or force an act to the defendant.

Whether or not a person plans to pursue litigation, a litigation attorney will be able to determine what the best approach for the case is and can advice the client on how to take the next steps.

Before entering trial, lawyers will try to negotiate first with the other party until they decide to come to an agreement or not. This is called the settlement of cases. This occurs in civil and criminal cases. A settlement may come in the form of money, which satisfies both sides. If they do not decide on an agreement, the lawsuit shall push through.

The early stages of the trial involve the organized exchange of statements and evidences between the parties. This is meant to do away with surprises and clarify what the lawsuit is about. The case then proceeds to trial with each side presenting witnesses and submitting evidences. At the end of this, the judge or jury delivers their verdict.

Trial attorneys play an important part in lawsuits involving tort cases. Without them, your defense will be weak and you might not be able to win your case.

The roles or responsibilities of trial attorneys are:

• To give legal advice

• To provide legal representation for his/her client in court

• To arrange and draft the legal papers needed by the court for briefing regarding the issues on the case. These include drafting of complaints, pleadings, and appellate briefs.

• To argue a client’s case before a judge or a jury of the court. It is his job to defend his client through oral arguments in the court

Trials involve a lot of pressure. Do not carry this pressure on your own. You can seek assistance from expert trial attorneys who are competent and dedicated.

A good trial lawyer can be a great help. An experienced and knowledgeable lawyer can give you an edge over your opponent and he could work to your advantage. If you get involved in any form of personal injury claims, hire the right tort trial attorney.

By: Jinky Belle Abelardo

About the Author:

Malpractice Lawyers

Documents such as records, letters, bills, contracts, and similar writing form part of evidence in many lawsuits. In court, the best evidence rule requires that when a document is offered as evidence, the original document or writing has to be produced and submitted. To be admitted as evidence, a document has to be properly identified or authenticated.

In dealing with documentary evidence, the following things must be considered:

• Parole evidence - This is a principle in the common law of contracts which presumes that a written contract embodies the complete agreement between parties. As a rule, it forbids the introduction of ‘extrinsic’ information or external communication between parties, other than what is contained in the document.

• Best evidence - The issue in documentary evidence is competency, Hence, the best evidence rule in documents means the ‘the best and topmost form of evidence that can be produced for verification’.

• Authentication

• Hearsay - Based on legal definition, hearsay is evidence not proceeding from the personal knowledge of the witness, but is from the mere repetition of what he has heard others say.

What is Authentication?

Authentication is a rule that requires evidence to be sufficient to support a finding that the matter in question is what its proponent claims. This means that evidence must be proven genuine to be admissible.

Both parties in a trial can authenticate documentary evidence in much the same way as it can authenticate other real evidence. These are the common methods of document authentication:

• A witness, who is present during the signing of the document, can identify and attest to the existence of the document.

• A non-expert witness who is familiar with the handwriting or signature of the person, who signed the document, can also testify.

• An expert, a document examiner, who can compare handwriting samples and give his opinion regarding the document

• By so-called “trier of fact,” in which the jury or the judge would compare a known example of a signature with the signature on a disputed document

• Records of business transactions can be identified and authenticated by the custodian of the records.

• Certified copies of public records, official documents, and newspapers are self-authenticating documents that do not require outside authentication to be admitted as court evidence.

• Ancient documents also do not require outside authentication to be used as evidence. When presented with a corroborating circumstances or possession, ancient documents can be admitted as evidence in a trial.

Written documents when presented as evidence in courts are called documentary evidence. They form part of the basis for the resolution of cases.

However, certain documents do not require validation to be considered as original documents. Self-authenticating documents or documents that do not require outside authentication are the following:

1. acknowledge documents to prove receipt of such

2. some commercial paper and related documents

3. certificates of business records

4. certified copies of public records

5. newspapers

6. official documents

7. periodicals

8. trade inscriptions

Why Document Authentication is Necessary

If properly authenticated, documents can provide the courts the necessary information and help a judge or jury evaluate a case. Proper documents also provide resolution of the issue under question. In civil litigations, documentary evidence is an important part in determining the outcome of a case.

For more information about civil litigations, consult with competent California Attorney Services

By: Manuel Salvacion

About the Author:

Part Time Income

The Pennsylvania Lemon Law is a consumer oriented law that protects purchasers of defective motor vehicles. It applies to new model vehicles that are registered for personal use in PA, and can apply to cars, trucks, vans or SUV’s. This law sets forth protections and rights for purchasers of new vehicles which exhibit defects or non-conformities which substantially impair the use, value or safety of the vehicle.

To be honest, the PA Lemon Law does not require you to hire an Attorney. You very well could proceed with a claim on your own, provided that you follow the letter of the law, the contractual obligations and the manufacturer requirements in doing so. The mistake in doing that is three-fold. To begin with the obvious, you do not have a license to practice law and are not overly educated on the subject, at least not to the level of an experienced practitioner.

Second, you do not know the intricacies and nuances of handling such a claim and further do not have the established relationships with the Manufacturers that Attorneys do.

Third, and this is the big one, it is absolutely free to hire a Lemon Law Attorney in PA. Read that again, a Free attorney to handle your very important legal matter. So the question becomes “Why would you proceed without one?”

The reason that you can receive free legal representation on this type of case is that the Lemon Law provides that the manufacturer of your vehicle must pay your attorney fees if the vehicle is found to be a lemon. An experienced Attorney knows that and accordingly will not request an out-of-pocket retainer from you. He/She will take on your matter, provide quality legal representation, and then provide a bill directly to the manufacturer for his fee. Most Lemon Law Attorneys only charge a client when a recovery is made (i.e. a refund, replacement or cash settlement) so there is absolutely no risk on your part in hiring a Lemon Attorney.

I think we all can agree that free legal representation is a good thing, and that a matter involving such an important issue is best left to the professionals.

By: Greg Artim

About the Author:

DUI

Under the 1964 Civil Rights Act, Title VII protects people from employers’ discrimination based on race, color, religion, sex or national origin. While Title VII only applies to businesses of 15 employees or more, it was crucial legislation for equal opportunity employment. Unfortunately, Title VII has been enacted for nearly 50 years and its stipulations are still not upheld by all employers.

Title VII

Previous to Civil Rights Act, employers were able to discriminate against potential employees for any reason. The segregation of the workforce was not only divided between “white jobs” and “black jobs,” women were excluded in many sectors. Higher paying jobs were almost exclusively performed by white men, and blue collar jobs were occupied predominantly by racial minorities.

Following the legislation outlawing employer discrimination, many employment standards were erased. For example, there were height regulations on being a police officer that excluded almost all women. In an effort to abide by the Civil Rights Act, law enforcement officials did away with the height requirement. Similar accommodations were made in all sectors of the workforce.

Exceptions

Title VII allows employers to discriminate based on race, color, religion, sex or national origin under certain circumstances when such characteristics are considered a “bona fide occupational requirement,” or a BFOQ. The circumstances surrounding BFOQs require that the characteristic be necessary in order for an employee to perform the job satisfactorily. For example, when a director is casting an actor for the role of a Cuban general, they may discriminate based on a person’s nation of origin.

Situations when BFOQs apply are rare and the requirements surrounding their legality are very strict.

Filing a Complaint

If you have experienced workplace discrimination, there are several options for a course of action. Under Title VII, you can file a complaint with your state’s Equal Employment Opportunity Commission (EEOC) or the Fair Employment Practices Agency (FEPA). You must file a complaint at one of these agencies within 180 days of suspected discrimination in order for it to be valid. These agencies will take up a lawsuit against the employer on your behalf if you do not want to hire a personal attorney.

By: Joseph Devine

About the Author:

Making Money

Who must comply with these new federally enforced compliance rules? What are the risks in waiting until May 2009 to comply? What steps must be taken now to become compliant? We will discuss these important questions below.

– Who must comply with the Red Flags Rules?

The Rule applies to all creditors and financial institutions with covered accounts. The Federal Trade Commission defines a creditor as: “any entity that regularly extends, renews, or continues credit; any entity that regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an original creditor who is involved in the decision to extend, renew, or continue credit.” And goes on to explain: “Some examples of creditors are finance companies, automobile dealers, mortgage brokers…”

– What are the risks in waiting until May 2009 to comply?

Although the FTC has delayed its “enforcement” of the Red Flag Rule, the Rule still goes into effect November 1st, 2008. All creditors and financial institutions (as defined above) must establish and implement a written identity theft prevention plan. Failure to do so leaves the creditor or financial institution open to ID theft, thus exposing themselves to possible civil litigation in the case an identity theft takes place.

The FTC fines associated with the May 1st, 2009 enforcement range from $2,500 to $11,000 per incident and strict enforcement is expected to take place.

– What steps must be taken now to become compliant?

The Red Flags Rule was developed pursuant to the Fair and Accurate Credit Transactions (FACT) Act of 2003. The Rule mandates that financial institutions and creditors must have written and executed identity theft prevention plans in place.

The Red Flags Plans that companies are required to have should provide identification, detection, and responses to patterns, practices, or specific activities that could indicate identity theft. Specific details of how to structure the Red Flags Compliance Plan can be found in the 256 page Federal Red Flags Document.

However, for most small to medium business owners, learning from and implementing the Red Flags Rules from such a long and difficult document can be overwhelming. Most companies hire an attorney or consultant to draft the Red Flags plan and help with training their staff. The cost of such services often ranges from $5,000 to $20,000.

There are a few “do it yourself template plans” that can be purchased and implemented for those who wish to save money. Average costs for such templates range from $500 to $2,000. These template plans are often much faster to implement yet still provide an outline of the specific rules, training and implementation of the Red Flags FACT Act.

While the “do it yourself template plans” wont work for large hospitals or major banks, they are ideal for the small to medium size business owners such as Mortgage Brokers, Auto Dealers, Debt Collectors, etc.

The November 1st, 2008 Red Flags deadline caught many business owners off guard and so the delay in the FTC enforcement is a welcome action. However, this doesn’t mean companies can just wait until May 2009 to take action. Companies that fall under the Red Flags Rules must take action now to become compliant.

By: Byron Walker

About the Author:

Beauty Care

You want out of the misery. You are sleeping in the guest room, or your partner is. You think he’s hiding money or you think she’s having an affair. Every conversation turns into a fight. You wake up in misery and go to sleep in misery. The rest of your life looks dismal. She gains weight and he starts drinking.

If you are like most couples, at this point you are about to make some marriage and family therapist some money. She’ll listen to the same story she’s heard a thousand times and she knows she’s just a pit stop on the way to divorce court.

I’m not going to tell you not to see the therapist - go ahead and try. But if the writing is on the wall, I am going to tell you to start reading what it says.

Most women initiate the counseling sessions. Hope springs eternal and women seem to think “Oh, if we could only talk about this, everything will be ok.” It is this same unrealistic, fairy tale optimism that ends up making them very, very miserable in divorce court.

What has happened over the last decade in divorce is less than ethical. In fact, it is downright disgusting. Power and control and manipulation are the keywords. Lives are ruined.

If you think, “It couldn’t happen to me,” you are already at risk. If you think, “How bad could things be?” you are asleep and a nightmare is about to hit you. Here’s an example of how bad it can get:

Today I listened to some attorneys discussing dirty divorce tricks. Here’s one: slowly putting drugs in your spouse’s food so a hair follicle test will test positive. Presto chango, the victim loses everything. Can’t happen? Just keep on thinking that and you might be the next victim. Your naivete can and will hurt you. Maybe it won’t be drugs in your food, but it could be slowly moving funds out of the joint accounts in order to financially marginalize a spouse and then file for divorce knowing she can’t hire an attorney. It’s witching hour: do you know where your money is? Did it just zip off through the electrons to an offshore account?

One of my clients just found out her husband has been communicating their entire marriage (ten years) with a girlfriend from 25 years ago. Guess which one has the expensive pit bull attorney and which one is running scared?

Today, both women AND men are being told to make false domestic violence claims. Forget the fact it is illegal, this is morally reprehensible. The one convicted loses custody and money and the lawyers know it.

Why has the face of divorce changed? Many reasons and they don’t all matter - but this one does: the word is out: there is money, big, big, money to be made in the divorce field. Since the cap on personal injury awards many personal injury attorneys have been switching to family law. The hourly rate of a divorce attorney is about twice that of most civil attorneys.

If you want out of a bad marriage, you deserve out. But not so that it means you lose everything and spend thousands doing so. Women - remember this: you will have a harder time getting an attorney than your spouse does. Most attorneys know that most women don’t control the family finances. That’s a red flag which means they will have to motion the court for attorney fees with no guarantee they’ll get it. This is the type of information you need to know to begin planning your divorce.

Planning, information and goal setting are the miracle three that will help you survive a divorce in today’s dog eat dog world of divorce.

Men have it a bit easier - but not always. They have to know what a revengeful spouse might do if caught in an affair or what a bitter female lawyer or judge might do to them.

The ONLY way to stop a train wreck of a divorce is to not engage in one. But if the other side plays dirty, the playing field isn’t level. Why should you lose the kids because he puts drugs in your food? Why should you lose the right to see your kids because she made a phony call to the police? DON’T DO THESE THINGS. Take control of the divorce and play fair. The only way to take control is through information - if you don’t know what is possible, you don’t know what can happen.

By: Ann Bradley

About the Author:

Children’s Beds

The Civil Rights Act of 1964 began President John F Kennedy’s attempt to revive the similar Civil Rights Act of 1875. This original act was signed by President Ulysses Grant and attempted to ensure equal treatment in public spaces for all Americans, regardless of race or prior status of servitude, in accordance with the Fourteenth Amendment. This act was largely ignored in the South, especially after Northern federal troops left. The Supreme Court declared the act unconstitutional in 1883, arguing that the Fourteenth Amendment only applies to government agencies, not private citizens.

President Kennedy first announced his plans for a new Civil Rights Act in a speech he made on June 11, 1963. He proposed federal legislation that would ensure equal treatment in all public access areas, not just publicly owned areas. “Public access” refers to a building that is meant to be used by the general public, such as a school, store or movie theater, regardless of whether it is privately owned. Kennedy also wanted the federal government to fight the South’s Jim Crow Laws, which made it effectively impossible for black people to vote, even though they had the legal right.

To get around the earlier Supreme Court ruling that the government could not force equality on private business owners, Kennedy’s act was proposed under the Commerce Clause. This refers to Article I, Section 8, Clause 3 of the US Constitution, which grants Congress the right to regulate foreign, interstate and (American Indian) tribal commerce. There has been much debate over the years about the founding fathers’ intent when writing this clause. Some scholars state that the word “commerce” refers strictly to economic trades, while others view social mores and trends as a kind of commerce.

This sort of question became a subject of intense debate while the act was being debated in the House and Senate. Some congresspersons, especially social conservatives, were vehemently opposed to granting power to the federal government over state governments and private companies. Some civil rights advocates criticized the act for now going far enough, pointing out that it did not include laws government police brutality or hiring discrimination in private companies.

Tragically, President Kennedy was assassinated while his proposed legislation was still being discussed in the House of Representatives. Lyndon B Johnson took over as president and began aggressively promoting the act. It was finally passed on July 2, 1964, about a year after President Kennedy first proposed the idea. It has been expanded over the years to better protect citizens from racism, sexism and other forms of prejudice in school, employment and public areas.

For more information about discrimination and civil rights, contact Austin employment attorneys Melton & Kumler.

By: Joseph Devine

About the Author:

Tddler Bed

You just had a car accident causing a fatality or a disability. You are handed a ticket and released with a warning not to leave the state. You call your lawyer, you’re getting sued, you ask about hiding assets.

Your lawyer is going to tell you, there’s nothing you can do.

In my book, it’s better to do something than nothing. Exposing your open wallet for every potential creditor is not in my vocabulary. Your insurance company is your first line of defense. They will send a team of lawyers limited to your insurance coverage. But the Insurance Company is not going to cover your negligence.

Taking stack of what you own and how it’s going to evaporate between legal fees and court decisions, completely out of control.

Your lawyer is partially incorrect. A judge is going to decide how much guilt you are going to bear. Your police are going to determine the amount of negligence and possible criminal prosecution. You will have to defend yourself on both fronts. Most people will hire one attorney to handle the civil and criminal. In my opinion, that’s wrong. Criminal attorney are trained differently. The criminal side of life is to put up defenses to keep you out of jail. The civil attorney is to keep your assets. They are different defenses with different objectives.

4 THINGS YOU CAN DO IMMEDIATELY TO PROTECT YOUR ASSSET:

(1) Reposition your asset(s) with an independent trustee through an irrevocable trust, before the lawsuit is filed.

(2) Have your documents notarized and filed with the registry of deeds.

(3) Avoid fraudulent conveyance by transferring asset at less than it’s fair market value.

(4) Hire an expert defense lawyer.

Will it work? It depends. But it’s better to give them the run around to your assets than a straight line to your bank account.

By: Rocco Beatrice

About the Author:

Divorce Lawyers

Civil court filings pertain to documentation for all civil court cases. Civil court cases are roughly defined as all cases that are non-criminal in nature. Civil court records are also those that govern private citizens and are to be distinguished from international law and military law as well.

Civil court filings are those with less than ten thousand dollars involved, while cases that deal with more than this amount are usually tried at the Supreme Court. For those cases with less than five thousand dollars at stake, the magistrate will be the one responsible for deciding if this can be tried at a small claims court. Civil court documents are divided into several groups depending on the different laws that they fall under.

Civil Court Document Categories

Cases dealing with contracts, damage to property and personal injury all fall under general civil court filings. Family civil court records cover those about divorce, child support, child custody and alimony. Juvenile filings are those about juvenile delinquency or individuals committing crimes under the age of 18 as well as juvenile dependency or those cases involving child abuse.

If you are renting or leasing a place, then this will fall under landlord or tenant civil filings. Probate civil court records refer to those cases that deal with personal affairs including adoption, name changes, guardianship, transferring an estate and determining inheritance through a will.

One reason for obtaining civil court filings is for determining whether an individual or a company is involved in any kind of litigation. The civil court filing papers include all the forms that you fill out before you are allowed to file a formal case. This also includes all other documentation that is required for the pre-trial and post-trial as well as the actual trial proceedings. Acquiring civil court filing documents is especially relevant if you want to contest a court decision and need information regarding similar cases that have been decided on in the past.

If you visit the websites of various civil courts, you will be able to request for records online. This is especially convenient if you want to compare how compliant a certain case has been to actual civil court rules and procedures. You can easily search online databases either by name or by the numbers of the civil court filings that you are looking for.

Filings available online are also excellent resources for law students, paralegals and other legal assistants who may not have the time or the means to retrieve the actual public documents. Some websites even offer concise summaries of the cases, which also aid in saving time and effort in getting the needed information.

Getting these records online also gives you the chance to read through the opinions and analyses of lawyers and judges which can be generalized for most civil court cases. Although civil court laws will differ from state to state, there are still some basic tenets and procedures that can be applied for all civil court filings.

By: Amit Mehta

About the Author:

SEO -Search Engine Optimization