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Legal:National State Local Articles from

Published: Thu, 19 Apr 2018 09:30:32 -0500


Responsibly Manage an Active Arrest Warrant

Wed, 27 Dec 2017 07:31:12 -0600

If you have an active arrest warrant issued as a result of a suspected crime, be sure to address it quickly, and in the proper fashion. Just don't try to find out by asking a police officer!

Are Motorcycles Covered Under California Lemon Law?

Thu, 21 Dec 2017 07:05:22 -0600

When you buy a motorcycle, either from a previous owner, or from a dealer, you expect to run properly. Having to repair the vehicle on and on should make you a bit suspicious. Failing to properly function after a consecutive number of repair attempts is a clear sign that you deal with what is commonly known as a "lemon". We know that there are specific consumer laws regarding lemon car in California, but does the law also cover lemon motorcycles?

Benefits of Running an Arrest Warrant Search

Mon, 30 Oct 2017 14:53:40 -0500

Running an arrest warrant search can be beneficial in keeping you and your family safe. Finding these records can be done rather quickly by using a computer or mobile device. Running a criminal or public record search can give you the peace of mind to make decisions that may keep your family safe.

What Do I Do If I Receive a Notice of Deposition?

Tue, 05 Sep 2017 11:58:02 -0500

Receiving a Notice of Deposition is a serious responsibility. Learn what a Notice of Deposition is, what it means for you, and what you need to do about it. Also get some tips to help you make it easier!

What Happens Now If The High Court Won't Hear Duel Citizen Cases Until October?

Fri, 25 Aug 2017 06:46:51 -0500

While many politicians have been caught out for holding duel citizenship the matter has been referred to the High Court of Australia for a ruling. This is a contentious affair as those who are affected may not have the right to sit in parliament. It is awkward for the government which has a one seat majority and is facing tough times ahead.

What Do Colorado's 'Move Over' Laws Mean for You?

Tue, 15 Aug 2017 09:51:33 -0500

It's long been the rule of the road that drivers should move over for emergency vehicles. But in Colorado, it's the law. What penalties could you incur for not moving over? Learn more and contact a Colorado personal injury lawyer for a Free Case Evaluation today.

What Is the Point of Recycling Waste?

Mon, 07 Aug 2017 21:30:23 -0500

Having just watched an explosive documentary on the criminal elements behind the dumping of waste in New South Wales and Queensland one must ask the question. Millions of dollars are being made by rogue companies who collect waste and use private properties to dump it. On one site alone more than a million tons of waste was dumped on an old golf course and more is coming daily.

Religious Discrimination: Not Always A Piece of Cake

Fri, 07 Jul 2017 16:03:42 -0500

Religious Discrimination or Gender Discrimination? We've all read about the baker or photographer who refuses services to the gay wedding couple.

Know the Types of Laws Prevailing In a State

Mon, 26 Jun 2017 07:47:22 -0500

It is the laws that allow a state to function in a proper order. The legal system protects the rights of the individuals so as to ensure that they are safe and secured in every way. They are the rules that govern the character and function of any individual or group.

7 Principles to Learn HACCP Requirements to Control Food Hazards in the USA

Tue, 20 Jun 2017 08:50:20 -0500

HACCP has been endorsed by the National Academy of Sciences, the Codex Alimentations Commission and the National Advisory Committee on Microbiological Criteria for Foods. The 7 Key principles of the food hazards are discussed in the article. FDA now is considering developing regulations that would establish HACCP as the food safety standard throughout other areas of the food industry.

Know the Responsibilities of a Bail Bond Cosigner Before You Become One

Tue, 25 Apr 2017 13:15:36 -0500

If 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.

The Four Main Types of Bail Bonds

Tue, 21 Mar 2017 15:10:43 -0500

There 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!

Business Law Attorneys

Thu, 23 Feb 2017 12:45:58 -0600

One 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.

FAQS About Juries and Jury Duty

Thu, 02 Feb 2017 13:49:31 -0600

Are 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!

Is It Illegal to Keep a Pet Raccoon?

Wed, 25 Jan 2017 07:23:09 -0600

If 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.

Driven Crazy

Mon, 23 Jan 2017 14:31:10 -0600

Some 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 ask directly about mental health issues. Is this going too far? Are privacy issues violated?

Can You Get Out of Jury Duty?

Mon, 07 Nov 2016 14:13:16 -0600

In 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.

We Need a Justice System, Not a Legal System (an Inside Look)

Mon, 10 Oct 2016 10:20:42 -0500

This 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.

Reasons Behind English Policy Making in China

Thu, 08 Sep 2016 08:38:50 -0500

The 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.

The Death Of Groundwater

Tue, 09 Aug 2016 06:57:58 -0500

Lack 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.

Racism in the Justice System

Tue, 26 Jul 2016 15:36:38 -0500

Most 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.

An Iraq Inquiry Report Apportions Blame on Leaders

Wed, 06 Jul 2016 06:56:08 -0500

The 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.

Gun Laws Must Change in the United States of America

Thu, 23 Jun 2016 07:37:23 -0500

As 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.

New Bill May Help Improve Credit Score

Tue, 07 Jun 2016 12:29:12 -0500

Complaints 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.

The European Convention on Human Rights Has to Be Amended

Fri, 08 Apr 2016 08:58:28 -0500

The 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.

Florida's Phosphate Industry Officials Display Little Concern For Florida Riparian Waterways

Fri, 08 Apr 2016 08:13:02 -0500

Florida'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.

How Does an Attorney Get Named a Super Lawyers Rising Star?

Wed, 09 Mar 2016 10:14:51 -0600

Super 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.

Justice And Its Types

Thu, 11 Feb 2016 10:45:11 -0600

In 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.

Improve Your Renters' History Report By Expunging an Eviction

Mon, 21 Dec 2015 11:51:55 -0600

If 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!

The Basics of Taxation and How a Tax Planning Lawyer Can Help

Mon, 05 Oct 2015 15:15:19 -0500

There 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.

Two Sides of the Law: Rights Vs Privileges

Tue, 29 Sep 2015 15:17:02 -0500

Today, 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:

The Fast and Effective Tips For Avoiding Odometer Fraud

Wed, 26 Aug 2015 07:15:44 -0500

If 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.

Types of Arrest Warrants

Tue, 25 Aug 2015 14:20:55 -0500

There 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.

The Various Ways of Defending Yourself While Handling a Debt Collection Lawsuit

Wed, 19 Aug 2015 11:01:02 -0500

If 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.

Keeping The Crowd Safe At Events

Fri, 07 Aug 2015 14:37:30 -0500

Fire 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.

Why Politicians Have Fire Exit Signs Covered?

Wed, 05 Aug 2015 07:32:00 -0500

Politicians 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.

Is an ACO Right for You? The Complete ACO Checklist for Providers

Fri, 24 Jul 2015 15:35:55 -0500

As 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.

Background Checks and the 2nd Amendment

Tue, 21 Jul 2015 15:25:33 -0500

Written 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.

How to Get Managed Care Companies to Pay for Your Practice's Improvements

Fri, 17 Jul 2015 11:47:29 -0500

The 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.

Things to Be Remembered While You Defend a Credit Card Debt Case

Wed, 15 Jul 2015 10:46:16 -0500

If 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.

How Do You Prevent Odometer Rollback Deception?

Wed, 15 Jul 2015 10:06:53 -0500

If 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.

Provider Service Volume Is No Longer King

Tue, 23 Jun 2015 13:53:46 -0500

As 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.

Top 4 Tips for Hiring a Qui Tam Whistleblower Lawyer

Thu, 28 May 2015 09:29:45 -0500

You 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.

An Unobjectionable Tax, As Taxes Go

Thu, 23 Apr 2015 09:13:19 -0500

There 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.

Claiming Costs After Entry of Judgment in California

Fri, 03 Apr 2015 08:00:07 -0500

Claiming 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.

Stay of Enforcement of California Judgment

Thu, 02 Apr 2015 09:20:03 -0500

A 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.

Motion to Correct Clerical Error in California Judgment

Thu, 02 Apr 2015 08:40:02 -0500

A 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).

Judgment Recovery Methods in California

Thu, 02 Apr 2015 08:39:40 -0500

Judgment 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.

Proof of Claim Objections in United States Bankruptcy Court

Thu, 02 Apr 2015 08:00:45 -0500

A 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.

Request for New Trial In United States District Court

Thu, 02 Apr 2015 07:58:35 -0500

A 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.

California Power of Attorney for Financial Affairs

Thu, 02 Apr 2015 07:57:26 -0500

A 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.

4 Reasons a 24/7 Legal Repository Is a Must

Thu, 19 Feb 2015 13:13:21 -0600

Having 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.

Florida's Unfinished Adoption Business

Tue, 06 Jan 2015 08:40:52 -0600

Florida now has same-sex marriage. But an unenforced statute banning gay adoptions still ought to be erased.

Minimum Wage Ballot Success

Thu, 13 Nov 2014 13:27:39 -0600

Despite 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...

How To Get Out Of DUI Charges

Tue, 11 Nov 2014 05:36:16 -0600

Being 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.

Paying Judgments By ACH

Mon, 20 Oct 2014 07:14:23 -0500

Some 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?

Issues of Social Exclusion of Idps: The 2012 Flood Experience in Nigeria

Wed, 15 Oct 2014 07:35:13 -0500

The 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.

Judgments And Credit Reports

Wed, 15 Oct 2014 05:38:13 -0500

One 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.

The Priority Of Tax Liens

Mon, 13 Oct 2014 07:15:59 -0500

What 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?

Garnishing IRAs

Mon, 13 Oct 2014 06:00:57 -0500

What 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.

Federal Writs

Mon, 13 Oct 2014 05:21:16 -0500

What 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?

Judgment Recovery And Trusts

Thu, 09 Oct 2014 05:01:35 -0500

What 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.

Should You Be An Estate Administrator?

Wed, 08 Oct 2014 05:30:25 -0500

An 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.

Judgments And Prepaid Rent

Tue, 07 Oct 2014 02:25:44 -0500

What 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.

California Civil Code Section 3432

Mon, 06 Oct 2014 05:59:49 -0500

California'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?

Are the US Airstrikes Against ISIS in Iraq and Syria Legal?

Mon, 06 Oct 2014 05:48:16 -0500

The 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.

Partnerships And Judgments

Sat, 04 Oct 2014 07:33:31 -0500

What 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.

Finding A Judgment Debtor's Address

Thu, 02 Oct 2014 05:23:55 -0500

What 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.

Who Owns That House?

Wed, 01 Oct 2014 06:13:49 -0500

What 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?

When Do Bank Deposits Clear?

Mon, 29 Sep 2014 07:44:40 -0500

When 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.

Levying Out Of State Banks

Sat, 27 Sep 2014 07:12:59 -0500

What 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.

Sister State Judgments

Tue, 23 Sep 2014 16:33:14 -0500

The 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.

Trading Autos For Judgment Satisfactions

Tue, 23 Sep 2014 06:10:01 -0500

What 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.

Liens And Probate

Mon, 22 Sep 2014 07:50:55 -0500

What 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.

Labor Board Judgments

Mon, 22 Sep 2014 05:58:02 -0500

What 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.

Court Translators

Thu, 18 Sep 2014 05:58:55 -0500

What 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.

A Protective Order Grants Victims With Certain Rights

Wed, 17 Sep 2014 07:22:18 -0500

Domestic 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.

Consequences of Driving While Intoxicated

Wed, 17 Sep 2014 07:21:27 -0500

It 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.

Probate And Wills

Tue, 16 Sep 2014 06:32:32 -0500

Some 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.

Taxi-Related Judgments

Mon, 15 Sep 2014 08:03:49 -0500

What 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.

Serving Charging Orders

Mon, 15 Sep 2014 06:17:53 -0500

In 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.

California Attorney Fees

Thu, 11 Sep 2014 06:00:50 -0500

When 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.

Delaware Judgment Laws

Wed, 10 Sep 2014 05:48:52 -0500

This 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.

Mandatory Signs I Need in a Commercial Premises

Tue, 09 Sep 2014 06:35:24 -0500

Mandatory 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.

DC Judgment Laws

Mon, 08 Sep 2014 08:08:13 -0500

This 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.

When Do I Need to Use Warning Signs?

Fri, 05 Sep 2014 16:31:24 -0500

Most 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.

Effects of the Great Recession Have Not Passed

Thu, 04 Sep 2014 15:45:54 -0500

Recent 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?

Leave A Creditor Off A Mailing Matrix?

Thu, 04 Sep 2014 06:06:32 -0500

What 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.

Judgment And Retirement Accounts

Wed, 03 Sep 2014 05:26:54 -0500

For 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.

Noticed Motions

Tue, 02 Sep 2014 10:16:26 -0500

A 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).

Becoming A Registered Process Server

Tue, 02 Sep 2014 08:52:22 -0500

Many 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.

Inverse Condemnation

Fri, 29 Aug 2014 05:52:56 -0500

Inverse 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.

Notice Of Levy

Thu, 28 Aug 2014 10:14:28 -0500

A "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.

Collateral Estoppel

Tue, 26 Aug 2014 05:46:14 -0500

Potential 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.

Lien Priority

Mon, 25 Aug 2014 06:00:41 -0500

One 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.

Serving In The Courtroom

Fri, 22 Aug 2014 05:38:52 -0500

It 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.

Copying Court Records

Thu, 21 Aug 2014 07:19:56 -0500

If 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.

Settlements And Judgments

Wed, 20 Aug 2014 06:07:44 -0500

It 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.

Baker Act: Definitions, Relevant Statutes, Key Checklist Items and Critical Timeframes

Tue, 19 Aug 2014 06:01:19 -0500

The "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.

Levying Security Deposits

Tue, 19 Aug 2014 05:56:07 -0500

Is 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.