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Are New Bankruptcy Laws Going To Help You?

Posted on Wednesday, February 24th, 2010 at 6:49 pm in Criminal Law by admin

There are 2 sides to the changes in bankruptcy rules. It will be a lot harder to file bankruptcy under chapter 7 and get a totally clean slate.

For businesses, relying on issuing credit, the new personal bankruptcy law is doing great, reducing personal bankruptcy claims from the thousands to double digits.(In the short run).

However, lawyers working with the actual people filing for bankruptcy say that the new law is seriously flawed because it puts more financial burdens on already broke clients and reduces potential debt repayment to small businesses.

And then of course you have the credit card companies charging high interest rates which in quite a few cases caused the bankruptcy in the first place.
According to some financial specialists, much of the debt people accumulate is a result of keeping up with the Joneses and not thinking ahead.

For 80% of clients counseled each month, the debt is credit card related and averages $32,000 – a result of six to eight cards. Consumer credit organizations say the new law provides debt-reducing strategies for those considering filing bankruptcy and curbs abuse.

Under the new law it has become a requirement that the person filing bankruptcy obtains credit counseling both before and after filing for which that person will be charged..

So now the consumer would then know the advantages and disadvantages of declaring bankruptcy. Yet it seems merely another expense for an already financially stressed individual.

People filing bankruptcy in general are not overspenders, but merely faced with temporary financial disasters such as medical costs, layoffs, a divorce, gambling debts or other crises. Before you can file bankruptcy,you are now required to complete credit counseling with an agency approved by the U.S. Trustees office.

This credit counseling is designed to help you determine whether or not bankruptcy is appropriate.

Once you complete your bankruptcy, the law requires you to attend another credit counseling session.

These are new requirements, before this law was passed the law did not require a person to go through counseling either before or after the filing of bankruptcy.

Second, under the old law, a person could decide to file under Chapter 7 or Chapter 13. Under the new law, the court will look at your monthly income and apply a means test relating to the state in which you live. If your income is less than or equal to the medium income then you will be allowed to file Chapter 7 which in effect will give you a clean slate.

This medium income can vary from $28,000 in Missouri to $56,000 in Alaska. If your income is greater, you may be forced to file Chapter 13 unless you can demonstrate you do not have enough disposable income.

Under Chapter 13 you will not get a clean slate but will have to make payments on your debts.

Also, your attorney now has to personally certify that your bankruptcy filing is accurate. This means more work for the attorney, with higher legal fees.

Advantages of declaring Bankruptcy:

Legal protection from creditors
Takes care of all or most debt
In some cases, can keep home and car
May stop complete financial ruin
Provides a fresh start

Disadvantages of declaring Bankruptcy:

Bad credit
May have to repay partial debt load and return collateral to creditors
May lose assets, including house and car (If the house is worth more than a certain amount).
Bankruptcy becomes public record, and
Remains on credit record for seven to 10 years

In the past, a bankruptcy offered a fresh start for the filer, said Columbia attorney Gwen Froeschner Hart. The new federal legislation offers language directed at helping creditors.

If you analyze credit card expenses for most people you’ll see that they often include medical bills and day-to-day expenses for the elderly or those earning low or fixed incomes. Records show that 50% of credit card holders do not pay their full credit card bills every month.

33% of the population can’t afford medical insurance so have to charge their prescription drugs.
With the recent Medicaid cuts and rigid bankruptcy legislation who knows what is going to happen to these people.

There are some who say consumers are abusing creditors. The irony is that credit card companies are begging for customers and offering large amounts of unsecured credit, yet at the same time, lobbying for stricter debt controls.

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After Divorce: Seven Ways to Rediscover Your True Passion

Posted on Friday, February 19th, 2010 at 11:15 am in Criminal Law by admin

After Divorce: Seven Ways to Rediscover Your True Passion

Going through a divorce is a very challenging time in a persons life. It is hard to adjust to being single again, as well as living out of the habit of being married, especially if you have been married for many, many years.

Eventually, you begin to think about dating, but it is suggested that you take your time. Use this precious opportunity to rediscover yourself. Think of this time in your life as an adventure to explore the real you. If you have worked outside the home combined with being a mom and wife for the last ten, fifteen or twenty years, you may have lost yourself along the way. Certainly not on purpose, but as most women try to do it all as super moms, many times we put our own wants and needs on hold to keep our families and jobs running smoothly!

Take a deep breath and lets start to rediscover our true passions and sayWill the Real Me Please Stand Up!

1. Treasure Your Gifts Within
Realizing we are all born as gold nuggets is a hard concept for many women to believe about themselves. Think about how magnificent you really are! Over time, you might have forgotten your unique gifts and are only thinking of what you dont like about yourself or your life. Set a new intention, starting today, to list all of your great qualities and read that list everyday. Keep reading it until you believe it. Examples: beautiful smile, kindness, generosity, loving, caring, intelligent keep going. Your list is endless, when you start focusing on your great qualities. Allow yourself to see the shining gold within. Its already there!

2. Give Yourself A Break
During and after a divorce it is common to have the feeling of grieving, similar to that of the loss of someone. Many women feel the need to stay busy to keep their minds off of this stressful time, such as working overtime or cleaning the house from top to bottom, but let this time also include pampering yourself. Barter with a friend or neighbor to watch your children or leave work a few minutes early so you can stop to sit on a park bench long enough to get that sense of the unique and special YOU. Take this time to experience life even for only 10 minutes without feeling like a wife, mother, sister or daughter simply you!

Yes, you do deserve to do something special for yourself. It can be as simple as taking a bath or a walk, going to the mall or reading a book with your favorite cup of tea. Give yourself permission – its O.K. Remember, the happier you are, the happier your family will be!

3. No regrets! No bitterness!
Holding onto regrets and bitterness will only keep your life from moving forward. Is your inner voice working overtime with all the what ifs and if onlys? This is normal for a period of time, but ask yourselfare these thoughts serving me or helping me feel better? Will thinking about them over and over again change anything? To move your life forward, it is important to acknowledge your feelings and to learn from your past experiences to prepare yourself for the next exciting chapter of your life. Yes, there is life after divorce. Learn to let it go! Just, let it go!

A quote from Buddy Hackett, I never hold a grudge because while I am being angry, the other person is out dancing.

4. Enjoy the Little Things
Life after divorce usually means added responsibilities. If you are a single parent or are now the one responsible for the once shared to-do list, how do you handle it all without being totally stressed out? To start, learn to laugh more, especially at yourself. Learn to let things go and not take life so seriously. Lighten-up! Learn to live in the present moment. Living in the present is where all the good stuff in life happens. Yesterdays worries are gone forever and tomorrows to-do list can wait. Think of it this way, when one is missing this moment in time, one is missing out on ones life.

So how do we live in the present?

If you are feeling stressed, immediately leave your thoughts in your head and take off your blinders. (Blinders similar to what a horse would wear, not allowing it to see from side to side). Start to look around you. I mean really look around you. Look closely at everything. Really focus. Use all your senses! For example, if you are with your children observe them. Cherish their smiles. Give them a hug. See the true beauty of who they are and appreciate them for being a part of your life. You will start to feel your stress subside and a feeling of peace sweep over you.

To be present, no matter where you are, use all your senses to pull you back into the moment. Take time to appreciate all the beauty that already exists around you. You only have to be present to see it!

5. What Makes Your Heart Sing?
What really matters to you? What do you feel is your true purpose in life? If someone asked you that question, how would you answer them?

Why is it so important to be clear on what your lifes purpose is? Knowing your purpose, will give you a true sense of who you are and why you were put on this earth. It gives your life direction and helps you make clear and easy decisions concerning that direction. Its your compass! Without a purpose, can your life be compared to a piece of driftwood; Floating endlessly in whichever direction the tide decides to take it and ending up on any beach with no will of its own?

When you live your life based on your purpose you are living in integrity with yourself and are in alignment of who you really are in all aspects of your life – body, mind and spirit. Take this time to focus on what really matters to you. Feel the true passions that exist in your heart and write them down.

6. What Are Your Vibes Saying About You?
Are you familiar with the Law of Attraction? Maybe you have heard the expressions, What you think about, you bring about or The more attention you give to something, the more attention it will give to you. When going through a divorce, your emotions can be compared to a roller coaster ride. Use this time to become reconnected to your inner awareness of who you are. Learn to sit still and quiet until you understand what emotions you are feeling. Realize that your feelings and sensations are okay, then learn to listen to what your mind and body are telling you.

Here is a great tiprecognize if your feelings are low energy or high energy.

A few examples of low energy are stress, negativity, fear, resentment, or a sense of lack (lack of time or money) and high energy is joy, abundance, happy, positive, love or compassion. If you are having feelings of low energy, how do you make a shift to feel more of the high energy?

First, acknowledge and accept the feelings you are having. Be gentle with yourself! Your goal is to make a shift, but realize you might not be able to go from low to high instantly. Start with baby steps! Repeat step number one and become present! Be thankful for what is working in your life right now. Do something simple like pat your pet, smell a flower or, if you are in the office, take a minute to think of a previous fun time or experience you have had that could bring a smile to your face. Feel the shift you are starting to make in your energy.

Now, to amp up this high energy feeling, think of another time of joy or something you were passionate about in your life. Keep adding these thoughts to your high energy feeling and begin to feel great! Does it seem the people or situations around you have changed or is it you who has really changed? So, who has the power to feel their own joy? When you are feeling your high energy, this is the time to take your next inspired action and enjoy the feeling of accomplishing something with ease and less effort!

7. Be True To Yourself
During and even after a divorce, we are often filled with doubts. We question ourselves about what is right, what to do or how we feel. Should I or shouldnt I? It seems difficult to make a decision. Listen to your heart. What feels right? What doesnt feel quite right? If a situation does not feel right, honor your resistance by pausing or waiting. Sometimes waiting is the best thing to do. By waiting you may have allowed the situation to unfold more easily without having to worry! If a decision feels good or right, usually that means you are heading in the right direction. When we listen to our hearts, we are in integrity with ourselves. When we are in integrity with ourselves, we learn to say NO more easily.

Has this ever happened to you? You are asked to be on a committee or to volunteer for something and you say yes, even though you know it will make your schedule even tighter or you really dont want to or have to?

How do you stop this from happening? Next time you are in this situation and you are ready to say yes, yet, find yourself having doubts, try this STOP! Take a breath or even take a step back (this action will prevent you from saying yes). Pause! Thank the person for thinking of you, but let them know you will have to check your calendar and get back to them. When you do have time to think about it, focus on how you are feeling. Are you excited to volunteer or do you feel some resistance? If in a day or two you are still feeling doubtful, realize the timing might not be right for you. If you are still excited, join the committee and have fun!

Divorce is not easy or fun and you can make it through this time of your life by realizing you WILL make it! Also, honor yourself and listen to your heart! Your true purpose and passions are waiting to be rediscovered within you! When you have discovered the gold nugget you already are, you will start to live your life with more ease and enjoy the feeling of peace. You are truly free!

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Coping With A Divorce

Posted on Thursday, February 18th, 2010 at 9:01 pm in Attorneys by admin

In this article I am going to explain about how a friend of mine managed to get through a rather messy divorce and how she came through the whole experience a much stronger person. I hope her story helps other people who have or are going through a divorce.

My friend is called Sue and she married her childhood sweetheart called John when she was only twenty-two. Sue has explained that at the time she could not have been happier and was very much in love. She hoped and imagined that they would spend the rest of their lives together. Sue had met John when she was at school and they had been dating since the age of fifteen.

After the marriage, they then talked about starting a family and before long they were parents to two boys. Sue believed that this was the icing on the cake and left work to bring up her children.

Unfortunately things were to soon go horribly wrong. John started coming home later and later from work and Sue was at a loss as to what was going on. John of course stated that he was only doing his work and that he was working overtime to give his family a better life, especially as Sue was no longer working. In reality John was having an affair with a woman he had met at work.

After a few months Sue found out about the affair and asked John as to why he had seeked the attention of this other woman. He replied that Sue had been the only woman he had slept with and that he felt that he had missed out on the experience of dating other people. Despite the fact that Sue was willing to forgive John, the relationship was soon to end as he moved in to live with his other woman.

Sue was obviously very upset and could not believe what was happening to her. Before long divorce proceedings were under way and Sue decided to put the family house on the market and returned home to live with her parents, the boys of course went with her.

This was a very depressing time for Sue. One day however she was walking through her local shopping precint and saw a group of handicapped children. Sue thought to herself that the situation she was in was only temporary and that she would eventually be happy again, but that these children would more than likely to be handicapped for life. This strangely enough helped Sue to gain the strength and to think positive about the future.

Sue is now re-married and is once again very happy, she still hates her ex-husband however. Sue has learnt a lot from her experience of getting divorced and tries to think in a much more positive way. She has realised that there are many people in the world in a far worse position than what she is in.

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Accidental death policies

Posted on Friday, February 12th, 2010 at 3:30 pm in Criminal Law by admin

Quite naturally, as accidents happen unexpectedly and quickly, you or your family members will not be prepared to face it. No one can predict when or where an accident may occur. But you can prepare for it with proper insurance. The consequence of an accident can be anything. It can be an ordinary wound, which can be cured by a band-aid to an injury that needs serious medical care. Or it can be a permanent physical handicap or even death. Since accidents occur very often and unexpectedly there is accidental death and dismemberment insurance.

Whether you travel for pleasure or business, the chances of an accident cannot be ruled out. In cars, at hotel or in flight, death can take you in the form of accident. Accident is definitely one major cause for death.

This is where an Accidental Death Policy or insurance becomes useful. An Accidental Death Policy or insurance is a life insurance policy that pays to your chosen recipient if you die as a result of injuries caused by a covered accident that is not due to any illness.

Under this insurance, the insurance company undertakes to compensate the loss caused by accidental death in consideration of the premium received.
Accidental Death Policy pays your beneficiary an amount when an accident results in your death. There are three major types of Accidental Death Policies. Flight accident death insurance pays a sum only for accidents involving an airplane during the coverage period. Common carrier accidental death insurance pays benefit only accidents involving a common transporter during the coverage period. (Common carrier refers to any licensed land, air or water transportation operated by those whose occupation is the transportation of persons without any discrimination and for hire. That is, taxi, bus, tram, train, airplane, cruise ship, ferry etc).

24-Hour accidental death policy pays funds for accidents that happen for any reason during the coverage period. You need an Accidental Death Policy or protection if you have loved ones whose safety would be in danger if an accident took you suddenly. If you are aware of the possibilities of an accidental death, but not interested in purchasing additional life insurance to cover those possibilities, Accidental Death Policies can be an intelligent match for this non-health-related risk.

Accidental Death Policy is a very valuable financial tool that can protect your family. An Accidental Death Policy can help to reduce your familys financial loss if you die unexpectedly due to a covered loss. If you are well insured then your family members will get the insurance money which would help them to clear debts, including medical bills, guarantee the education of your children, pay off the mortgage, and guarantee financial security.

About Author:

Adrian Rogers – For related articles and other resources, visit : http://www.buy-travel-insurance.com/

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Common Courtesy In Cruising

Posted on Wednesday, February 10th, 2010 at 10:54 am in Attorneys by admin

You dont need a Miss Manners at sea to know there are some basic, common sense rules of etiquette for cruising. No, there is no handbook on it, but the key words here are common sense. For some less thoughtful folks onboard, taking a vacation means taking a break from using their brains.

Picture a cruise ship like a floating village or small town at sea. As with any unfamiliar place you go to, you should get to know the lay of the land, so to speak. No one is going to be just like you; people from all over the world, from different cultures and religions are sharing the same floating space as you are. Everyone should learn how to live in harmony for this short stay so that all of you will have the best vacation possible.

Some cruisers have been to their share of ports and know what to do. However, newbies need to pay some attention to their surroundings. Read the literature about the ships activities. And if there is any doubt about something, ask a member of the cruise ships personnel. Now, lets talk about some of those unspoken shipboard rules:

Cool it with the complaints You are on vacation! Nothing is more unattractive than a grown-up whining like a child over something like waiting in line. You know that saying When in Rome? Well, it is your vacation. No worries, no deadlines, no being late to anything youre on a ship and nothing on board is going anywhere. Say hi to the people next to you; challenge someone to a game of paper, scissors, rock to break up the monotony.

Respect the Dress Code Guidelines Cruise ships will often post some clothing guidelines for dinner or live entertainment for that day. If you dont follow the guidelines, you will not be thrown off the ship. However, you would feel mighty uncomfortable wearing your Bermuda shorts and flip flops to a semi-formal dinner or dance.

Say so long to the seat savers and line cutters- It is a bit exasperating to take the time to arrive at a decent hour to catch the next lounge act only to have a sea of coats draped over chairs and no bodies in the seats. And line cutters, shame on you. It is one thing for you to stand in line and have your spouse join you after a quick trip to the rest room. It is a whole new ballgame letting in your twenty newfound friends from the poker tables cut in line.

No hogging of the gym equipment/hot tub/lounge chairs/computers, etc. There are possibly several thousand other people who at some point want to use stationary bike or hot tub privileges. Be mindful of others who are discreetly waiting without complaint for their turn.

Designated smoking areas There are specific areas just for smokers on board. Do not be selfish and light up at the dining room table while others are eating. Heres a big clue: if you see ash trays, you can light up.

These unspoken rules sound perfectly logical dont they? Yet, some cruisers forget themselves in their quest for a good time and other people suffer for it. If you are unsure of something, ask. Let your common sense rule. And dont worry, it wont get in the way of your good time.

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Accident Insurance Claim Personal Injury Insights

Posted on Friday, February 5th, 2010 at 11:41 pm in Criminal Law by admin

Besides botching up your body (and sometimes your love life) what else does the injury mean to you? It means a ton of financial expenses, including repairing your motor vehicle, lost wages, a shock to your life style, a tremendous inconvenience and short or long periods of pain and discomfort – - all of it a direct result of your injuries.

Plus, there’s a long list of possible medical expenses. For example: Doctor/Chiropractor, Prescription Drug Bills, Ambulance, Emergency Room Care, Hospital or Clinic, Specialist and/or Dentist, Laboratory Fees and Services, Diagnostic Tests, X-Rays and (CT) Scan, Prosthetic Appliances or Surgical Apparatus (Canes & Crutches), Physical Therapy, Registered and/or Practical Nurse Fees, Gauze and Tape, Ace Bandages all of which the insurance company must pay whether they like it or not!

Also, Creams, Lotions, Ointments, Balms and Salves, etc. (Should the lady in your life apply any of these to your aching body I’m sorry to tell you this but her labor is not an expense you can claim).

YOU MUST BE COMPENSATED BY THE INSURANCE COMPANY FOR ALL OF THE ABOVE: It’s true that a very small percentage of motor vehicle accidents cause big, serious injuries but that doesn’t mean you shouldn’t be paid big, serious bucks!

EXAMINATION BY THE INSURANCE COMPANY DOCTOR: Claims Adjuster Henry Hard-Nose of Rock Solid Insurance will usually try to pull a fast one insisting he wants you to be examined by the physician of his choice, the local medical con-man of all time, Dr. Nuttin’ Wrong. Beware of such a request. Doctors assigned by the insurance company are notorious for stating, in the report they’re paid big bucks to execute, “There is no objective basis”, for your complaints.

You don’t have to agree to be examined by Dr. Nuttin’ Wrong. Rock Solid Insurance cannot insist that you submit to their doctor for an examination unless your claim actually becomes a formal court case. So, hold your ground until your attending physician, Ole Doc Comfort, has released you. After that it’s okay to agree to be examined because by then it’s too late! So much time will have passed it will be impossible for Dr. Wrong to minimize the pain, discomfort and suffering your injury has caused you.

WHAT TO DO ABOUT YOUR MEDICAL BILLS IF YOU MAKE THE MISTAKE OF OBTAINING LEGAL HELP FROM ATTORNEY I. M. SHARP: Should yours be a case in which there’s no question that you’re not at fault, make it clear to the Legal Beagle you’ve hired, I. M. Sharp, Esquire, that you expect his Contingency Fee will not apply to that which he recovers for the damage to your car, your medical bills, and/or your payment for lost wages. You tell him these are damages you would have collected ANYWAY – - whether he was handling the case for you or if you settled it yourself. Don’t you dare be foolish enough to hand him a huge percentage of that which you were going to be paid by the insurance company, whether Attorney Sharp handled the case or not. To do so is the height of financial stupidity!

YOUR BODILY INJURIES: It’s a proven fact that the vast majority of motor vehicle accidents cause minor injuries. While bodily injury pain can be specifically measured the limits of what you can endure cannot. Each of us has a different “pain threshold” – - that is, the point at which we begin to feel physical pain. The amount and quality of pain you feel is not strictly dependent on the bodily injury inflicted. It has a lot to do with your previous experience, how well you remember it, and your ability to understand what caused you that pain, and its consequences, the last time around.

Stress and strain magnify physical pain plus personal anxiety will greatly increase it. There are also emotional reactions to the injury. A bodily injury is bound to cause some degree of mental distress. The duration and severity that depends on a number of factors: The type of individual you are, the ultimate consequences of the injury you sustained, and the life stresses or strengths you’re experiencing at the time of your injury. (If you can’t stand her and she takes a powder youll handle your pain better if you really dig the chick and she dumped you for your best friend)!

When it comes to muscle injuries one thing you must keep in mind is that when one part of the body demands rest (by sending out a pain signal) and – - without your even realizing it – - you help your body by placing a new burden on other muscles. It gets complicated because although those muscles may not have been directly injured in the accident, they can still get buggered up and produce a lot of pain because of their new role.

DISCLAIMER: The only purpose of this claim tip is to help people understand the motor vehicle motor vehicle accident claim process. Neither Dan Baldyga nor (name the magazine/newsletter and/or web site) make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service, NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUALS RESPONSIBILITY to obtain said services.

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Common Services offered by Pre-paid legal Plans

Posted on Friday, February 5th, 2010 at 7:05 am in Attorneys by admin

Considering a pre-paid legal plan? Hes a run-down of the services
youre most likely to get and also some legal documents you need to sign
before you enrol.

Telephone and Office Consultation: You have unlimited telephone access to
a panel of attorneys regarding any legal matter of interest to you. You
can also make brief consultation visits to your lawyer for up to 30
minutes per day at no cost to you.
The only condition placed on these two benefits is that you enquire about
a different legal matter.
This aspect of coverage provided by legal plans is one of the most
beneficial because it promotes preventive law. Preventive law is very much
like preventive medicine it helps in anticipating potential problems and
taking the appropriate legal steps so that unnecessary legal problems or
risks are avoided. With a simple phone call to your lawyer you can avoid
getting embroiled in a hellish legal situation, and you can even identify
legal rights you dont even know you had.

Follow-Up Service: The panel of lawyers will write letters and make phone
calls on your behalf to adverse third parties. Such follow-up service may
be all it takes to solve many of your legal problems.

Legal document review: Simple personal legal documents, such as your
insurance policies, sales contracts and leases will be reviewed. Any
questions of legal nature that you have about the documents will also get
answered by your attorney.

Drafting of wills: A will is a written document that regulates how you want
your property distributed after your death. Your attorney will draft your
will according to your states laws so that its valid when you die. He
will also advise you on any provisions you might want to consider, such as
appointing a guardian and establishing a trust.

Discount on regular fees: Any additional services not covered in the
written fee agreement will be at regular fees either hourly or flat
with a discount between 20 to 30%. These services generally include family
matters, such as divorce and the custody of children, and court
representation, such as traffic tickets and lawsuits.

Some of the legal paperwork you need to read carefully, agree on and sign
include the following:

Written fee agreement: This is an agreement that outlines what services are
provided in the plan, how much it costs and the methods of payment.

Grievance procedure: This document details the procedures that will be
taken by the provide to resolve any complaints about attorneys or disputes
regarding service fees.

PP

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Accident Compensation – Why Bother With A Compensation Claim?

Posted on Sunday, January 31st, 2010 at 7:48 pm in Criminal Law by admin

People are injured everyday, some worse than others. After a serious injury, many people are so thankful that they’re still alive and they fail to realise that the other party are responsible for their debilitation. Hit them where it’s going to hurt them with an accident compensation claim!

Many people brush off this fact and just want to get on with their life as it was, but soon find out that recovering is easier said than done. Unable to return to work, or even play with their kids in the back yard, the thought of filing a compensation claim becomes more and more plausible, and rightfully so.

How Do I Make Those Responsible Pay?

Simple enough, you file an injury compensation claim with a compensation solicitor, but it is always not so simple. Whether filing a claim against a business, insurance company or individual, you need someone who understands the details and is willing to go the extra mile to gain you the compensation you deserve.

Those responsible will have solicitors on their side, working hard as well, so choosing a representative for you will be the most important decision in the initial stages and can make all the difference in the world for your final outcome.

Is This Just About Money?

If your solicitor is only interested in the bottom line, then you’re in for a big surprise. It not just about money; it’s about make those responsible, responsible.

This may sound like an obvious statement, but it is very true. If there were parties or individuals whose negligence has caused you injury, then it is your absolute right to demand and receive full compensation for what you have been put through and an accident compensation claim is the way to do it.

There are plenty of solicitors out there, promising the big bucks, but they don’t understand their client’s troubles, and it is these solicitors who can cost you your maximum compensation. A solicitor who truly cares and wants to ease the suffering for their clients will inevitably fight harder and win bigger payouts with better verdicts.

Do You Deserve It?

Many people are weary of filing an accident compensation claim because they dont want to be though of as a ‘gold digger’ and see many of the solicitor’s as ‘ambulance chasers’, but reality couldn’t be further from the truth.

The truth is that you are injured, your injury has left you many number of life-altering challenges, rehabilitation is costly and takes time, and you wouldn’t be in this situation if it wasn’t for someone else’s stupidity.

The question isn’t ‘why do I deserve compensation for this’, but ‘why don’t you deserve compensation for this?’

You’ve been seriously hurt by someone and you are somehow left alone in the cold to deal with it yourself. Many people find themselves in this situation, and choose to take the path of injustice and not get the compensation they deserve.

Why???

Money Won’t Change Everything But Can Help

While a large compensation victory won’t take away the pain you have felt, or somehow cure you of your debilitation, but can take away one of the biggest stresses in this time of need…

The last thing an injured person needs to worry about throughout their recovery is money. Financial difficulties add enormous amounts of stress and can seriously undermine the recovery process. However, if known properly, you can place your compensation claim’s financial stress on a personal injury solicitor.

Any and all medical/physiotherapy bills, along with missed time at work and general mental anguish and family stress should not be on your shoulders alone to bear. After all, it’s not your fault you’re in this situation, so why should it be your responsibility to pay for it?

Do the right thing, and get what you deserve. Make today, the day you take back your life.

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Collection Agency Law Explained

Posted on Wednesday, January 27th, 2010 at 9:35 am in Attorneys by admin

If you have ever been contacted by a collection agency, you know that it can be an unpleasant experience. A collection agency can turn simple acts, such as checking the mail or answering the phone, into dreaded tasks. However, it is important to know that there is a law in place intended to protect the people that collection agencies contact. The FDCPA (Fair Debt Collection Practices Act) was enacted to keep debt collectors from abusing, harassing, or deceiving a person when attempting to collect a debt. It also gives debt collectors strict guidelines to follow when collecting a debt. In this article, we will have this collection agency law explained in simple terms, to better inform debtors of their rights.

For starters, the FDCPA outlines very clear practices for debt collectors to follow when contacting a debtor. Debt collectors are only allowed to call during reasonable hours (usually 8:00 a.m. 9:00 p.m.), but they are also allowed to call a debtor at work. However, if the debtor notifies the collection agent that their employer wants the calls to cease, the debt collector must stop calling the persons place of employment.

There are also rules of conduct a collection agency must follow when collecting a debt. A debt collector is forbidden from harassing any person from whom they are trying to collect a debt.Examples of harassment include excessively calling, insulting the debtor, or using obscene language. A debt collector is also not allowed to make false statements when collecting a debt. Examples of false statements include posing as a government official, making threats (lawsuits, imprisonment, seizing of home and property, etc.), or telling the debtor they owe more than they actually do. In addition, a debt collector can not use unfair practices in attempting to collect a debt. These practices include collecting an amount larger than what the debtor actually owes, or suing the debtor for a debt they do not owe.

The FDCPA requires collection agencies to notify debtors of their rights, and any correspondence (mail or phone) has to contain the information that the contact is being used to collect a debt. The only reason a collection agency can contact a third party (family or friend) is to acquire the debtors phone number or address. If the collection agency has this information, they are forbidden to contact a third party. It is also illegal for collection agencies to tell a third party that they are attempting to collect a debt.

The FDCPA is in place to protect the rights of debtors while making a collection agents job clear and concise. If a person being contacted by a debt collector feels that they are experiencing the violations discussed in this article, it is important that these misconducts are accurately documented. The reason for this is so that the claims can be proven if the debtor decides to take legal action.

Now that you have had this collection agency law explained, you should feel more confident about your rights if you are ever contacted by a debt collector. It is best to avoid the situation altogether by staying current on your debts, but it is good to know that the FDCPA exists if ever find yourself on the receiving end of a collection call.

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Child custody, in and out of court settling of San

Posted on Sunday, January 17th, 2010 at 11:19 am in Attorneys by admin

Child custody, in and out of court settling of San Diego divorce cases

With the increase in the number of San Diego divorce cases, there comes a complication of the issue of child custody to an extent that could not have been imagined before. A San Diego divorce case does not entail just the problem of the separation of the two spouses, but also the division of assets, assigning child custody and handling the taxes in a beneficial way for the divorcing parties. Because of the legal complications of the San Diego divorce cases and the associated child custody hearings, lawyers find themselves getting closer and closer to the separating couple, to the extent of becoming some sort of personal advisors. On many occasions, the lawyer is the only one to be able to properly deal with the complexities of a San Diego divorce. A San Diego divorce can become so stressful that the members of the couple end up losing control of their behavior, especially when child custody is at stake.

The issue of child custody may appear during several stages of a San Diego divorce case. For one thing, given the delicate nature of the situation, the attorneys may advise the couple to settle child custody out of court, so as not to leave the final decision in the hands of a judge that does not personally know the family and their circumstances. However, the question of children can be so hard to agree on, that the parents may just decide to leave it up to the court and then a large portion of a San Diego divorce trial will focus on child custody. According to the judges, the toughest question to settle during a San Diego divorce is precisely whom to leave the children with. Usually, a San Diego divorce and the associated child custody battle will be settled in favor of the mother.

The ruling passed by the judge may not be the final word in a San Diego divorce case though. After the confrontation in court, the struggle of the San Diego divorce can continue unofficially and may even take on violent forms. Especially as regards child custody, things can get rough, as one of the parents may decide to by-pass the decision made during the San Diego divorce trial and kidnap the child from the custodian parent. Although this is not the norm, it can happen that emotionally unstable parents feel the decision of the judge to be so unjust that they have to take the issue into their own hands. The kidnapping is possible because the child will trust the non-custodial parent, so the little one may be taken away without much ado. If there is a need for a stronger confrontation, the threat of fire weapons may be used, which is possible in the case of a San Diego divorce given the extensive availability of fire guns in California.

When the situation gets aggravated to such an extent, it is usually only the divorce lawyer that can intervene. The attorney will first establish the legal framework for getting the child back to the custodial parent. In order to do this, the lawyer will go back to the judge of the San Diego divorce trial and ask for a restraining order against the non-custodial parent, thus emphasizing the danger that he/ she represents for the child. The lawyer will then make use of his professional connections with the police, detective agencies, and the district attorneys office in order to trace the parent who took off with the child. These are resources that are not readily available for the custodial parent. Once the kidnapper parent has been located, the lawyer will try to establish a channel of communication with him, either by entering into dialogue with the kidnapper, or by putting the two parents into contact with each other. If the child is thus recuperated, the attorney has to secure that the custodial parent and child will be protected from the repetition of the deed. It is only after child custody has been thus settled that the San Diego divorce case can be considered closed.

San Diego divorce cases, just like all divorce cases around the United States, have become more numerous and more stressful for the parties involved. There seems to be a larger degree of alienation between the feelings and wishes of the family going through the separation and the results achieved in court. This happens because of the high degree of specialization of the divorce cases, which makes it impossible for the members of the couple to handle the separation and the associated settlements themselves. Because of this reason, all will be decided during a legal case, where -attorneys will argue for the two positions and an unknown judge will pass the final ruling. Not surprisingly, one of the two parties, if not both, will find the resolution of the case suboptimal, or even traumatic. This feeling of frustration, combined with the general high stress level associated with any divorce, may lead to violent acts, such as the kidnapping of children. In this situation again, it is the -lawyers and judges that will locate the culprit and assign the appropriate punishment. The two spouses turn from lovers into warring factions.

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