Published: Wed, 26 Apr 2017 05:15:17 -0500
Tue, 25 Apr 2017 13:15:36 -0500If you have been asked to bail a person out of jail, take time to think about what that actually means. You will be taking on a hefty responsibility that may result in harsh consequences.
Tue, 21 Mar 2017 15:10:43 -0500There is more than one kind of bail bond, and more than one way to post bail. Learn the most common forms of bail right here in this article!
Thu, 23 Feb 2017 12:45:58 -0600One important job of the business law attorneys is the formation of a new business. If there is more than one owner, they will advise them on the type of business they are forming. It could be a partnership, corporation, or limited liability company. When forming a business of any type it entails a concrete understand of the liability and tax implications of each kind of business.
Thu, 02 Feb 2017 13:49:31 -0600Are you summoned for jury duty, but you have questions? Read this article for answers to the most common jury and jury duty questions! Then you can finally relax!
Wed, 25 Jan 2017 07:23:09 -0600If you find a baby raccoon, also called a "kit", would you keep it? Would it even be legal to do so? Read this article for some insight about wild animal ownership from state to state.
Mon, 23 Jan 2017 14:31:10 -0600Some Departments of Public Safety believe depression, anxiety and even binge eating may impact a person's ability to drive. In Texas, questions on the driver's license renewal form asks directly about mental health issues. Is this going too far? Are privacy issues violated?
Mon, 07 Nov 2016 14:13:16 -0600In some States one can ask to be excused from Jury Duty. In other States no excuse is accepted when receiving a summons. However, you can still get off, but it takes at least one visit for service. Here's my personal experience with New York Jury Service.
Mon, 10 Oct 2016 10:20:42 -0500This article examines the grim financial reality of engaging the United States legal system and comments on the necessity for a justice system to replace it. The legal system that has evolved in the United States, does guarantee equal protection, representation or opportunity to each and every citizen. In the United States, above all things, the legal system should be fair, but instead, it is big business. And unfortunately, engaging the legal system should not be a major financial decision, but for millions of people in America, it is.
Thu, 08 Sep 2016 08:38:50 -0500The beginning of a new alien language rule in China was marked by the document that was introduced authorizing all the students to begin learning English as a required subject while at a third-grade level. Earlier before, English was introduced to some students in their seventh grade. Several factors contributed to the introduction of the policy in China.
Tue, 09 Aug 2016 06:57:58 -0500Lack of adequate fresh water is one of the looming human crises. Wise people recognize and plan to prevent a looming crisis. The best way to implement a good plan is to apply political pressure on your government to own and implement that plan, for the benefit of all.
Tue, 26 Jul 2016 15:36:38 -0500Most Australians were appalled and shocked by a television exposure of the treatment dealt out to a few aboriginal children in detention in the Northern Territory. It resembled scenes from Guantanamo Bay when a boy of 16 or so was shown shackled hands, neck and feet in a chair with a hood over his head for some 2 hours. Other boys were locked into small dark cells without water for up to 24 hours or more.
Wed, 06 Jul 2016 06:56:08 -0500The parents of British service men and women killed or injured as a result of the war in Iraq have won a legal inquiry launched to assess its legitimacy. It found that the Prime Minister of Great Britain at that time, Tony Blair, was persuaded by the President of the United States, George W Bush, at least a month before the war started that it was the right thing to do. This was based on the premise that Iraq had weapons of mass destruction (WMD) and was a threat to the West.
Thu, 23 Jun 2016 07:37:23 -0500As I write this the Democratic Senators are staging a sit in to bring about a filibuster in the seat of government in the United States while they demand a vote on the gun laws. It is a situation that has created a storm because right now a terrorist or suspected terrorist who cannot fly for that reason can still legally buy guns and carry out mass shootings. The recent slaughter of 49 people in the Orlando nightclub massacre has finally brought this issue to a head.
Tue, 07 Jun 2016 12:29:12 -0500Complaints of credit reporting have resulted in a larger burden of proving the accuracy of credit data when compared to creditors. Therefore, it is hardly shocking that a major legislative proposal has now been tabled at Capitol Hill.
Fri, 08 Apr 2016 08:58:28 -0500The European Convention on Human Rights*1 has to be amended. An inadmissibility of individual applications causing their rejection by judges of chambers of the European Court of Human Rights is an object of this research. This article aims to ascertain whether certain provisions of the European Convention on Human Rights pertaining to finding individual applications inadmissible, causing a rejection of such applications, fall in compliance with the principles of the Rule of law and with the general doctrine of Judicial Review.
Fri, 08 Apr 2016 08:13:02 -0500Florida's phosphate industry destroys riparian waterways without concern for environmental laws. Public waterways are terminated daily for the phosphate ore just beneath the surface. At the same time, phosphate industry officials bolster their reclamation projects as successful. However, phosphate officials do not tell the whole truth about their unscrupulous deeds.
Wed, 09 Mar 2016 10:14:51 -0600Super Lawyers recognizes attorneys all over the country with several designations. One is the Rising Star honor, and here, you'll learn more about what a Super Lawyers Rising Star actually is.
Thu, 11 Feb 2016 10:45:11 -0600In the present world, the administration of justice assumes more importance owing to the competitions and complexities arising from the development and civilization. It is found even among the Gods.
Mon, 21 Dec 2015 11:51:55 -0600If you have an eviction on your personal renters' record, then you are probably already familiar with its consequences and social stigma. But there may be a chance to redeem your past rental mistake and have it sealed from public access!
Mon, 05 Oct 2015 15:15:19 -0500There are a variety of taxes that an individual must pay depending on the situation they are in. This can get really confusing if you're not familiar with all the details. In this article we discuss some of the most common forms of taxes and why working with a tax planning lawyer may be a really good idea.
Tue, 29 Sep 2015 15:17:02 -0500Today, people feel like slaves. They feel like they have no rights anymore and that our government has total control. There is a reason for that and it comes from the operation of law. We have been duped into consenting to give up our natural God given, constitutionally protected rights under common law in exchange for benefits which puts us under 'The Law Merchant'. This article will help you understand this issue clearly! Read on:
Wed, 26 Aug 2015 07:15:44 -0500If you wish to prevent odometer fraud it is advisable that you should follow a few essential tips. You should compare the mileage of odometer with the exact mileage number on car maintenance record and you should try to prevent all sorts of damage of gas, brake and other essential parts of the car.
Tue, 25 Aug 2015 14:20:55 -0500There are several types of crimes, so naturally there is more than one type of warrant. Learn what makes these warrants different from one another and how they are used in the law.
Wed, 19 Aug 2015 11:01:02 -0500If you wish to defend yourself against your debt collection lawsuit it is advisable that you should follow a few essential steps. You should respond to your complaint immediately and make use of the statute of limitations for your own defense.
Fri, 07 Aug 2015 14:37:30 -0500Fire exit signs are among the most essential sorts of signs that are available in a building. If there should be an occurrence of a fire, the bolts on these signs advise individuals where to go as opposed to going somewhere else in frenzy.
Wed, 05 Aug 2015 07:32:00 -0500Politicians can very well be putting themselves as well as others in danger by using an extremely old political trick, the disguising of fire exit signs. They are doing so in order to avoid embarrassing photographs. This practice can very well lead to voters becoming lost or trapped should an actual fire breakout within the room in which the politicians are speaking or appearing.
Fri, 24 Jul 2015 15:35:55 -0500As the movement to value based arrangements continues many providers are considering joining an Accountable Care Organization (ACO). At the same time, regulators from the Federal Trade Commission (FTC) and the HHS Office of Inspector General (OIG) are signaling increased scrutiny of Accountable Care Organizations and other value based payment arrangements, especially those making creative use of the antitrust and fraud and abuse waivers in place for Medicare ACOs. A recent article states that claims of higher quality of care may help in defense of antitrust action.
Tue, 21 Jul 2015 15:25:33 -0500Written by a 2nd Amendment Attorney, this article explains the reasons why Universal Background Checks legislation does not pass at the Federal level. It also describes the successes and failures of similar proposals in various states, as well as why the measures will probably continue to fail in most states.
Fri, 17 Jul 2015 11:47:29 -0500The following examples should illustrate why: The CMS Value Based Program with hospitals is already implemented; Center for Medicare and Medicaid Innovation is piloting NUMEROUS programs covering many physician specialties; CMS expanded the Medicare Shared Savings Program to 3 tracks; A new Merit-Based Incentive Payment for Physicians, Physician Assistants, Nurse Practitioners, Clinical Nurse Specialists, and Certified Registered Nurse Anesthetists will be apply to payments for services furnished in 2019.
Wed, 15 Jul 2015 10:46:16 -0500If you do not pay your credit card bill at all or if you do not pay it within the deadline, there is possibility that the credit card company may file a lawsuit against you. If your credit card company sues you, there is possibility that it may serve you with a court summon and if you get this kind of summon, it is advisable that you should send your reply as soon as possible. This article will highlight on a few essential tips that you should follow to defend this type of lawsuit in the best possible way.
Wed, 15 Jul 2015 10:06:53 -0500If you wish to avoid odometer rollback deception by all possible means, it is advisable that you should follow a few essential tips. You should check if the numbers on the odometer are properly aligned and you should also find out possible signs of wear and tear on the mat, pedal or other parts of the vehicle that you wish to buy.
Tue, 23 Jun 2015 13:53:46 -0500As the shift from fee for service to value based payment develops, one thing is crystal clear: volume is no longer king. Prior to 2010, medical providers were being paid on the amount of services that they rendered. The more patients that they treated, the more money they made. That certainty has disappeared with value based compensation and outcomes are now driving the compensation. To be successful, a provider must learn to bend both the quality and cost curve. In short, providers must increase quality while decreasing costs.
Thu, 28 May 2015 09:29:45 -0500You need to hire a Qui Tam lawyer when you are suspecting a fraud case in your office or in the hospital where you work. You can file a false claim case with the help of these lawyers. Once you have evidence fraud, you should act quickly.
Thu, 23 Apr 2015 09:13:19 -0500There may be no such thing as a lovable tax, but some are easier to tolerate than others. Florida's statewide tax on commercial real estate leases is one I am not reluctant to pay.
Fri, 03 Apr 2015 08:00:07 -0500Claiming prejudgment costs after entry of judgment in California is the topic of this article. Claiming prejudgment costs after entry of a judgment in California is requires the filing and service of a verified memorandum of costs by the prevailing party entitled to costs.
Thu, 02 Apr 2015 09:20:03 -0500A stay of enforcement of a California judgment is the topic of this article. Code of Civil Procedure section 918 is the California statute authorizing a trial court to stay the enforcement of any judgment but only for a limited period of time. For most California judgments such as money judgments the trial court can stay enforcement for no more than 10 days beyond the last date on which a notice of appeal could be filed.
Thu, 02 Apr 2015 08:40:02 -0500A motion to correct a clerical error in a California judgment is the topic of this article. Correcting a clerical error in a judgment entered in California requires the filing of a motion to amend the judgment in California to correct a clerical error under the provisions of Code of Civil Procedure section 473(d).
Thu, 02 Apr 2015 08:39:40 -0500Judgment recovery methods in California are the topic of this article. This article will discuss some of the more commonly used methods for collecting on an unpaid judgment in the State of California. Unpaid judgments are very common as there are estimates stating that approximately 80% of judgments are never collected.
Thu, 02 Apr 2015 08:00:45 -0500A proof of claim objection in United States Bankruptcy Court is the topic of this article. The United States Bankruptcy code provides that that any party in interest may file an objection to any proof of claim filed in a Bankruptcy case. All debtors in Chapter 13 cases are considered a party in interest and therefore have the right to file an objection to any proof of claim filed in their case. Debtors in other cases such as Chapter 7 may or may not be considered as a party in interest depending on the unique circumstances of their case.
Thu, 02 Apr 2015 07:58:35 -0500A request for a new trial in United States District Court is the topic of this article. Rule 59(a) of the Federal Rules of Civil Procedure authorizes the filing of a motion for a new trial on some or all of the issues for civil cases in United States District Court.
Thu, 02 Apr 2015 07:57:26 -0500A power of attorney for financial affairs in California is the topic of this article. The basic law governing California powers of attorney is found in Sections 4000 through 4545 inclusive, of the California Probate Code. This article will discuss the use of a durable power of attorney for financial affairs.
Thu, 19 Feb 2015 13:13:21 -0600Having a 24/7 repository at your fingertips is crucial because wasted time (like waiting for a physical repository to "open") means wasted money and potentially harm to your legal case. It's why cloud storage has turned even major entities like the Department of Defense into a paperless office, and if it's secure enough for the DOD and other major players like Amazon, it's secure enough for top ranked legal firms. However, there's no need to set up and manage a cloud yourself-dealing with maintenance, constantly changing who can view and edit what, and basically playing IT guru isn't your job. Here are the major reasons why 24/7 repositories aren't just a good idea, but necessary in the legal field.
Tue, 06 Jan 2015 08:40:52 -0600Florida now has same-sex marriage. But an unenforced statute banning gay adoptions still ought to be erased.
Thu, 13 Nov 2014 13:27:39 -0600Despite a resounding Republican sweep on Election Day, November 4, 2014, minimum wage increase ballot measures passed in four states with comfortable margins of victory: Arkansas - The minimum wage will rise from $6.25 to $8.50 an hour by 2017 (66% of the vote) Nebraska - It will go from $7...
Tue, 11 Nov 2014 05:36:16 -0600Being convicted of a DUI (driving under the influence) can make you suffer a whole bunch of complications. Such adversaries may include the loss of license, community service, jail time, probation, restrictions, and heavy fines. However, there are a number of ways which may answer your question of how to get out of DUI charges. Let's take a closer look at such ways.
Mon, 20 Oct 2014 07:14:23 -0500Some judgment enforcers make a good living by using payment plans with their judgment debtors. What if your debtor wants to pay using ACH (Automated Clearing House) payments? What if they want to pay using check drafts, or with standard monthly invoicing and debtor-written checks?
Wed, 15 Oct 2014 07:35:13 -0500The aim of this article is to share a personal reflection relating to issues of social exclusion of certain class of Internally Displaced Persons (IDPs) fundamentally based on ethnic identity arising from the 2012 flood experienced in Nigeria. It is important to note that this reflection was based on my personal observation of the issues while working on the field. Also, it is an attempt to draw attention to this dimension of social exclusion and determine whether or not it is peculiar to Nigeria only. Further to this, it focuses on the need to adopt a national framework for the protection and assistance of internally displaced persons in Nigeria.Even though there are on-going issues causing displacement in Nigeria especially Boko Haram, the scope of this article is limited to the 2012 flood.
Wed, 15 Oct 2014 05:38:13 -0500One way to increase the chances that your judgment will be paid, is when your judgment is placed on the debtor's credit report(s). In the past, the best way to increase the odds that a judgment would be included, was to send copies of the judgment to the major credit bureaus. Now, the credit bureaus no longer take action on judgments sent to them by individuals. Now, they only get and accept judgment information coming from data research companies.
Mon, 13 Oct 2014 07:15:59 -0500What if you have a lien or abstract of judgment recorded against your debtor's property. What if you later receive a letter from the county treasurer, advising you of an upcoming "Notice of Sale of Tax-Defaulted Property"? Will the winning auction bidder of the property have to pay off your lien, to enable them to purchase the judgment debtor's property? And if not, what can you do to protect your interests?
Mon, 13 Oct 2014 06:00:57 -0500What if your judgment debtor has a non-ERISA IRA retirement account, can that account be levied to satisfy your judgment? If you levy a non-ERISA IRA, you will probably get a call from the brokerage's levy department, saying they have frozen the debtor's account, and are investigating whether that IRA account is exempted or not from garnishments.
Mon, 13 Oct 2014 05:21:16 -0500What if you have a federal judgment in the central district of southern California, and you have located available debtor assets in northern California? Do you need to register your judgment in northern California? Will your writ of execution intended for a US Marshal in the central district of California allow a process server to serve the writ and levy in northern California?
Thu, 09 Oct 2014 05:01:35 -0500What if you learn that your judgment debtor is a beneficiary of their parent's trust, and the parent died. Is there anything you can or need to do, besides levying on the trust through the probate trustee? Most often, trusts are handled in probate courts. Trusts are usually not simple, and each state has their own laws concerning trusts.
Wed, 08 Oct 2014 05:30:25 -0500An estate administrator is a certified fiduciary who is court-approved to work in probate courts, to handle the affairs and asset distributions of a deceased person's estate. Certified fiduciaries must obtain fiduciary certification, which is a testing process to make sure that the person knows the laws of the state, the rules of the probate court, and how to administer an estate.
Tue, 07 Oct 2014 02:25:44 -0500What if you have been trying to recover a judgment against a clever debtor that has prepaid their residential rent for three full years? They got no discount for prepaying their rent, because it was a lease with monthly payments. They probably prepaid their rent to put their money out of reach of creditors.
Mon, 06 Oct 2014 05:59:49 -0500California's Civil Code section 3432 reads: A debtor may pay one creditor in preference to another, or may give to one creditor security for the payment of his demand in preference to another. If the California debtor wins their CCP 3432 argument that they are unable to pay all their debts, are they allowed to pay some creditors and leave you and their other creditors hanging?
Mon, 06 Oct 2014 05:48:16 -0500The bombing of ISIS in Iraq and Syria is without Congressional authority, has no consent or UN resolution in the case of Syria and collective self-defense is not available. The dilemma for President Obama is that he can't stop ISIS without falling foul of the law.
Sat, 04 Oct 2014 07:33:31 -0500What if your judgment debtor owns part of a property, business, or some other asset in a 50/50 general partnership with someone else? How can you get to the debtor's share of that asset to recover your judgment? Unless your judgment is against the partnership itself (a partnership debt), the exclusive remedy for recovering the debtor's share from the partnership is a charging order against only the debtor's rights and interests in the partnership.
Thu, 02 Oct 2014 05:23:55 -0500What if you need to serve legal papers on your judgment debtor, or want to know their address, but you do not know where they live? How can you find their address? First, to recover a judgment, you do not always need to know where your debtor lives, unless you are trying to levy their vehicle or some other physical property.
Wed, 01 Oct 2014 06:13:49 -0500What if your judgment debtor lives in the house of their deceased parent that seemed to own the house your debtor lives in? What if you cannot find any probate records, and the house is still in the parent's name? Of course, you believe that the parent left your debtor the house, however that is only a hunch. How can you find out for sure who owns the house now, or will in the future?
Mon, 29 Sep 2014 07:44:40 -0500When a check deposit is walked into a bank branch, it is processed the same as an ATM machine deposit, meaning that at many banks, only $100 is immediately available for withdrawal or a credit toward pending debts (unless it is a business account, or the customer has some other arrangement with the bank). The only difference between a "walked-in" check deposit and an ATM deposit is the posting cut-off time. Checks are not usually processed at the individual bank they were deposited at.
Sat, 27 Sep 2014 07:12:59 -0500What if you have a judgment and your debtor's bank is in another state and has no branches (or does have branches) in the state where your court is? The answer depends mostly on whether the bank is state or federally chartered. Long ago, most banks were state chartered and funds were held at the branch level. This meant that a judgment creditor's levy had to be at a specific branch.
Tue, 23 Sep 2014 16:33:14 -0500The federal constitution provides that a judgment from a sister state (any state in the US) is generally entitled to "full faith and credit" in all US courts. When sister state judgments are rendered by courts with jurisdiction over the subject matter and the parties; they get both collateral estoppel (issue preclusion) and res judicata (claim preclusion) effects nationwide.
Tue, 23 Sep 2014 06:10:01 -0500What if you are a judgment enforcer, that had a $2,000 judgment assigned to you? What if your debtor refused to pay, and you then planned to use your writ of execution to arrange a levy of your debtor's vehicle, that you think is worth $3,000? Anyone planning to levy their judgment debtor's vehicle should know if it is leased, or what the lien and/or loan status is. All vehicle deals depend on any prior loans and liens, so let's assume the debtor's vehicle is paid for.
Mon, 22 Sep 2014 07:50:55 -0500What if you have a fairly large judgment against someone who never did have any available assets; however recently, their widower father passed away. Dad's two heirs are his daughter and his son, your judgment debtor. The daughter is the executor of the late father's estate, and she will inherit a house. Your judgment debtor will inherit an expensive Corvette automobile.
Mon, 22 Sep 2014 05:58:02 -0500What if you have a state labor board judgment, can that judgment be recovered? The short answer is it depends on the current status of your previous employer. There are three potential problems with labor board judgments. The first potential problem (especially these days) is the company that owed you money may now be out of business. If it is out of business and the judgment is small, you are probably out of luck.
Thu, 18 Sep 2014 05:58:55 -0500What if you are suing someone to get a judgment, or at your post-judgment debtor or third-party examination; the other party claims they do not speak English well or at all, and has their (perhaps court-appointed) interpreter with them. Use of translators in court proceedings is not rare. Some translators are certified and others are not.
Wed, 17 Sep 2014 07:22:18 -0500Domestic violence is no joke. What the media likes to highlight is that a relationship is fine, until suddenly the man blows up and strikes his woman. In real life, domestic violence reports from men are on the rise and one does not need to have a physical altercation to be included in a domestic violence situation.
Wed, 17 Sep 2014 07:21:27 -0500It seems like every other day someone is arrested for suspicion of driving under the influence of alcohol. Nearly everyone knows someone, whether locally or nationally, who has been arrested for these charges. However, few people know that there the consequences of failing a sobriety test can resonate for years.
Tue, 16 Sep 2014 06:32:32 -0500Some people think that if they have a will, then when they die, everything will go instantly and automatically to their kids (or their spouse, or... ) just like they stated in their will, period. It is not that simple. When someone dies, with or without a written will, their belongings must usually go through a probate court first, prior to being passed on to the named person(s) listed in the will.
Mon, 15 Sep 2014 08:03:49 -0500What if you have a judgment against a taxicab company or a taxi driver? How could you enforce such judgments? What if your debtor owns a taxicab medallion, can you levy that medallion? This article discusses how taxi drivers, taxicab companies, and taxicab medallions work, and how some have recovered these kind of judgments.
Mon, 15 Sep 2014 06:17:53 -0500In California, it may not be fair, however the sole remedy for a judgment creditor to take possession of a judgment debtor's interest and rights (and liabilities) to LLC ownership or distributions (or a general or limited partnership) is a charging order (CCP 699.720(a)). Some judgment enforcers have told me "If a lot of money is involved, I'll spend for personal service. If not, then I serve it by mail". Other judgment enforcers have asked me if one could save money by serving charging order proposals on LLCs by mail or certified mail.
Thu, 11 Sep 2014 06:00:50 -0500When can you recover attorney's fees on a judgment, or when you attempt to recover a judgment? Only when the judgment or a court confirms that you can. What if the lawyer's fees were not specifically granted on the judgment, however an award of the counsler's fees was mentioned in your judgment? In California, when it comes to including post-judgment lawyer fees on a MC-12 memorandum of costs, CCP 685.070 states what costs may be included on the MC-12 form.
Wed, 10 Sep 2014 05:48:52 -0500This article summarizes certain Delaware judgment-related laws, which are part of the Delaware Annotated General Statutes and Code Series, sometimes abbreviated as the ANN. As per Title 6, 2301, Delaware post-judgment interest rates are what is agreed upon in an underlying contract, or 5% over the Federal Reserve discount rate.
Tue, 09 Sep 2014 06:35:24 -0500Mandatory signs like fire exit signs and other warning signs help owners of different kinds of premises protect their employees and customers, as the case may be. In retail or commercial spaces, the presence of mandatory signs is necessary to comply with local regulations.
Mon, 08 Sep 2014 08:08:13 -0500This article summarizes certain Washington, DC judgment-related laws. Washington DC, formally the District of Columbia, and is sometimes called Washington D.C., "The District", or just "DC"; is the capital of the United States. DC is on Federal land, and is not part of any State. In DC, to attach a judgment lien, the creditor files their judgment lien with the District of Columbia Recorder of Deeds. DC judgment liens last for 12 years, even if the debtor's property changes hands.
Fri, 05 Sep 2014 16:31:24 -0500Most commercial premise owners or those who run small office set-ups will install warning signs around the place to help warn employees and customers in time of need. In most cases, once warning signs are put up, premise owners do not have much to do besides ensuring that the neon lights behind them are working properly. Sometimes though, owners wonder whether warning signs are worth it and may also wonder whether it will ever be of use. On the contrary, in the several years that you run your business for, you will be surprised at the number of times you will have to use warning signs. Here are a few indicators of when you will need your warning signs.
Thu, 04 Sep 2014 15:45:54 -0500Recent polls show that many Americans find themselves in a worse economically now than they did 5 years ago. With a stagnate economy and still relatively high unemployment what can Americans expect for change and what can they do to help themselves?
Thu, 04 Sep 2014 06:06:32 -0500What happens if you leave a creditor off your bankruptcy (BK) mailing matrix? What are the consequences of failing to list a creditor on your filed BK documents? This article discusses this potential problem and how to fix it. Generally, unsecured creditors are prohibited from collecting their debt from you, after your successful BK discharge.
Wed, 03 Sep 2014 05:26:54 -0500For those in California with a judgment against them, the creditor might be able to collect from some of your retirement accounts. Although some retirement accounts are protected (e.g., 401Ks and profit-sharing plans) because laws tend to protect them; others (such as IRAs) may be vulnerable to judgment creditors.
Tue, 02 Sep 2014 10:16:26 -0500A noticed motion is a court-compatible document usually served (noticed) on the affected parties, and then entered and stamped by a court clerk. At a hearing, the court later makes its decision to either grant or deny the applicant's motion. Usually, motions address prior actions or decisions of the court. Usually, a motion must be served on the other party(s) (noticed).
Tue, 02 Sep 2014 08:52:22 -0500Many people including judgment enforcers, have become Registered Process Servers (RPSs) to attempt to earn more money and to find judgments. For many people, becoming a process server is a good idea. You cannot serve legal papers related to yourself or your business. Some judgment enforcers serve legal papers for each other to save money.
Fri, 29 Aug 2014 05:52:56 -0500Inverse condemnation (sometimes called eminent domain) is a legal term that describes a situation where the government seizes private property and fails to pay compensation to the owner as required by the Fifth and Fourteenth Amendments to the US Constitution. In some states, inverse condemnation also includes damaging property. In order to be compensated, the property owner often must sue the government.
Thu, 28 Aug 2014 10:14:28 -0500A "Notice of Levy" procedure can be used for final money judgments, and also for cases where a judgment (or settlement) has not been reached yet. If you do not have a judgment yet, or are not going to try to levy the debtor's property soon, a "Notice of Levy" procedure is probably the best way to start.
Tue, 26 Aug 2014 05:46:14 -0500Potential parties can be prevented from litigating previous court decisions. The determinations preventing re-litigation may be issues of fact or issues of law. The rationale behind issue preclusion is to prevent legal harassment, and to reduce abuse and/or the wasting of judicial resources.
Mon, 25 Aug 2014 06:00:41 -0500One of many judgment articles. There are many types of property liens, including junior liens, senior liens, first mortgages, second trust deeds; and variations of these, and other names for these basic types.
Fri, 22 Aug 2014 05:38:52 -0500It is not a good idea to serve someone in a courtroom while the judge is there because judges hate it. Why is this so despised? Judges look on appearances at the courthouse as being mandatory, and that the totality of consequences is to be dispensed only from the judge.
Thu, 21 Aug 2014 07:19:56 -0500If you are a judgment enforcer, you might go to the courthouse and ask the clerk; or use a court computer(s) to look up judgment cases and then ask the clerk to pull records for you. The court clerk will make copies for you for (e.g., 50 cents per page), and that adds up, and sometimes you have to wait in line too. It sure would be more time and cost effective if you could use a camera or a scanner.
Wed, 20 Aug 2014 06:07:44 -0500It is usually good news, when you settle a big judgment for less than the full amount owed. Many judgment-related settlements tend to make the underlying judgments obsolete, however it does not have to be this way.
Tue, 19 Aug 2014 06:01:19 -0500The "Baker Act is the common name for The Florida Mental Health Act of 1971. It allows an individual to be involuntary examined and institutionalized. There are many associated definitions and statutes see (Chapter 394 - Mental Health Part 1- Florida Mental Health Act State Statutes 394.451-394.47891). This article highlights key checklist items and select critical timeframes that are important for agencies and organizations in the provision of services.
Tue, 19 Aug 2014 05:56:07 -0500Is it possible to levy on a security deposit held by a landlord? Can a landlord refuse by saying that they need to hold the deposit until the debtor moves out? In court, landlords often prevail on third-party claims on security deposits.
Tue, 19 Aug 2014 05:55:44 -0500What if your judgment debtor's Facebook page brags that he works for the United States Air Force MEO Office? Is that a lead to how your judgment debtor earns money? Can his military wages be levied to satisfy your judgment?
Mon, 18 Aug 2014 07:56:39 -0500Nunc Pro Tunc is a Latin expression that is used as a legal term. It means now for then (a correcting court-endorsed decision that relates back to a previous decision). Usually, when a court renders a nunc pro tunc order, it applies retroactively to correct an earlier ruling from that same court. Nunc pro tunc orders are rarely used, and are not usually used for fixing simple clerical errors.
Fri, 15 Aug 2014 05:27:40 -0500A new law, 31 C.F.R. Section 212.5 (A Federal law) gives banks two days to respond to a sheriff levy, a change from the previous same day response they were required to perform. During the two days, the judgment debtor has full access to their bank account and can take out all the money, if the bank lets them know about the levy before it takes effect.
Thu, 14 Aug 2014 05:51:21 -0500There is no such thing as "took a name off the deed". They either sold their interest in a property, or they transferred it to someone else using a quitclaim deed. Quitclaim deeds are subject to existing judgment liens. Existing creditors having a secured lien can begin a judicial foreclosure. Fraud is not an issue when the person holding title has taken it subject to your existing judgment creditor lien.
Wed, 13 Aug 2014 05:11:52 -0500Especially in community property states, property ownership claims can be complex. Whatever the judgment debtor did to "get their name off title" is a recordation not in the chain of title, so your lien remains on record.
Tue, 12 Aug 2014 05:37:45 -0500An example of a Quit Claim used on a judgment: COMES NOW Lucy Sky, assignee of JABBA, in the within matter (hereinafter Grantor) and hereby provides the following in support of a quit claim of judgment: 1) THAT Judgment was entered by this Court...
Wed, 30 Jul 2014 09:09:55 -0500A special bank account commonly referred to as a Totten Trust in California is the topic of this article. This is a simple and effective method to avoid probate which is also known as a payable-on-death (POD) bank account. A POD account is basically a bank account for which you name a beneficiary, who inherits the funds in the account after your death.
Wed, 30 Jul 2014 08:56:43 -0500A Code of Civil Procedure section 1179 motion for relief from forfeiture of lease in California is the topic of this article. This motion is made pursuant to the provisions of Code of Civil Procedure section 1179 on the grounds of hardship and can be used to obtain relief against any forfeiture of a lease or rental agreement, whether written or oral.
Wed, 30 Jul 2014 08:25:10 -0500Extending the time to respond to a California unlawful detainer (eviction) complaint is the topic of this article. Because of the very short time period to respond to a California eviction complaint any request should be made by ex-parte application. Code of Civil Procedure sections 1167.3 and 1167.5 require that good cause be shown for any request for an extension of time to respond.
Wed, 30 Jul 2014 07:53:34 -0500A Code of Civil Procedure section 170.6 peremptory challenge in California is the topic of this article. A peremptory challenge in California is authorized and governed by the provisions of Code of Civil Procedure section 170.6 and may be used to disqualify any judge, court commissioner, or court referee whom an attorney or party has reason to believe is prejudiced against them or their interests. Filing a peremptory challenge against a judicial officer is known in the legal profession as "dinging" or "papering" a judge.