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Posts Tagged ‘legal’

What to Do if You Need to Sue a Debt Collector

November 29th, 2018 Comments off

If you’re in debt up to your ears, you might be worried that a debt collector might sue you for not paying on your debt. But did you know that there are many reasons for which you can actually sue them instead?

Keeping in mind that I’m not a lawyer, and am not giving any legal advice whatsoever, here are the facts:

The Fair Debt Collection Practices Act, also known as the FDCPA, defines specific practices in which debt collectors may not engage. According to the FDCPA, you have the right to sue a collector in a State or Federal court if they engage in any of these forbidden practices.

So, what are these forbidden practices?

The first, and most common, is harassment. Under the FDCPA, harassment means use of “threats of violence or harm”, using obscene language, or annoying someone through repeated use of the telephone.

The second forbidden practice is using false statements to collect on a debt. The FDCPA prevents debt collectors from telling lies in order to collect on a debt. This includes falsely presenting themselves as government agents or attorneys, lying about how much is owed, or claiming that your inability to repay your debt makes you a criminal. Debt collections agents have a long history of being dishonest if it makes them easier to collect on a debt.

Debt collectors are also not allowed to publicize the fact that you owe money on a debt. This means they cannot contact other people about your debt, contact you via postcard (since the contents of a postcard can be seen by anyone), or publish your name on a list of people who have outstanding debts. The only time they can contact other people about a debt you owe is to discover your address, telephone number, or place of employment.

So, what are the consequences if a debt collector does break the rules and engage in one of these forbidden practices?

Your first action should be to inform them that you are aware of your rights under the FDCPA, and that they must cease their illegal actions. Most of the time, this will resolve the problem without you having to resort to legal action.

If that doesn’t do the trick, however, you still have up to a year from the time they violated the FDCPA to sue the debt collector in state or Federal court. You are allowed to sue them for any demonstrable damages that you suffered because of their illegal practices, such as lost wages or medical bills.

Even if it’s not possible for you to prove that they caused actual damages, the judge can still force them to pay you as much as $1,000. The judge can also make them pay you for any attorney’s fees that you incurred.

Keep in mind that just because the debt collector violated the law in trying to collect your debt, the debt does not just disappear if you actually owe it. Their violation of the law only entitles you to sue them under the FDCPA.

Make sure to know the law, and be aware of your rights. If anyone violates your legal rights, make sure you enforce your rights.

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Property Solicitors In Bradford And Comments On The UK Credit Crunch

October 23rd, 2018 Comments off

With the credit crunch forcing many companies into administration, the most savvy of the many flailing companies dotted about the country will look to either latch on to a successful company via means of a merger, or look to the government to bail them out.

Beginning with Northern Rock and leading up to Barclays’ most recent bail out, we have seen many high street banks and building societies rescued by the banks in the previous year or two.

However, when a company becomes nationalised, the shareholders that own parts of the company potentially stand to lose all the money and power that they have invested within the company over the years of their support.

The recent nationalisation of high street building society Bradford and Bingley means that this could be the case for its shareholders, as the Treasury has decided to take over the bank and auction off its elements to anyone who bids the highest.

Now, as the shareholders were not consulted beforehand and all stand to lose all of their investments, a BBC correspondent has referred to the selling off of B & B’s shares as ‘legal robbery’; he states that if it was anyone other than the government that was doing this, then it would be illegal.

The recession has hit the bank hard, especially in the conveyancing area, with house prices plummeting in relation to the flailing economy, however the public are either too scared to buy or sell as they do not know what may be around the corner.

Many investors may think that their shares will rise and fall sporadically and all that they need to do is wait for the right time to sell, yet this is not always the case; the risks associated with investing in shares within a company are often not as clear as they may seem.

According to a Bradford conveyancing solicitor, when unexpected and, most importantly, unpredicted changes occur within the economy, then all bets can be off and the fact that the government have decided to auction off the company’s parts does not entitle the shareholders to any compensation as they should have been aware of the risks when they invested.

Contact a Bradford conveyancing solicitor today to see if they can make things a little clearer for you if you have a query about conveyancing, or would like legal advice concerning any other part of the house purchasing process; remember, always read the small print before you sign on the dotted line!

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Hire A Lawyer – Find An Attorney Who Would Best Suit You

August 14th, 2018 Comments off

Not all of us require a lawyer. This is what all of us think! However, today it is not the case anymore. The social situation is such that you need someone to represent you and to fight on your behalf against the legal systems which is becoming more and more complicated day by day. We need someone to decipher the law which we cannot understand anymore. This pushes everyone whether like it or not to hunt and find an attorney who will represent you and your interests, a lawyer who will not just try to swindle your hard earned money but will stand by you during the time of need. Sadly, it is not easy to find an attorney who will give you good counsel keeping only your best interests in mind.

Before you find an attorney you must know in what way you would like him or her to support you. The legal system has become an elaborate nightmare and not all of them can handle all the areas. So there are attorneys who specialize in specific areas. Only when you define his or her role in supporting you, you will be able to start the hunt for the right lawyer.

One of the best ways of to find an attorney for your need is to use the traditional word of mouth advertisement. Start telling your friends and colleagues whom you can trust about your need. You will be on the safer side to get a lawyer to work with you by personal referrals your friends or acquaintances will give you.

Whenever you get a chance to meet a lawyer in any business meeting or party, make sure that you get his or her business card. This would certainly be useful some day even if not immediately. When you have a need, you need not kill yourself to find an attorney but just find the right card and call the lawyer immediately. This would be much simpler and quick too.

You can easily find an attorney if you should be visiting churches regularly. This can be a very good interacting platform as many people join together in one place. You can find the lawyer yourself or can also check with the clergymen. Getting references from the clergymen would also assure about the reputation of the lawyer.

When one of your friends or acquaintances do refer a lawyer and when you get to meet him or her make sure that you still assess their credentials and reputation. When you find an attorney who will listen to you and advise on a suitable course of action. If you really do not have a case that you can fight and win then your attorney should be able to tell you the truth and advise you on alternative ways of resolving the issue.

You can also find an attorney through online directories. You will be able to get information about a number of good lawyers who focus on specific areas of law through these directories. It will be rather easier to find an appropriate lawyer who will be suitable for your need.

If you want to find an attorney, you should first make a survey and short list lawyers without stopping with one lawyer. Based on their credentials and experience you can find an attorney who would best suit you. You can opt to find an attorney who works for a law firm or who has his own office. But before selecting a lawyer who functions independently, make sure to pay attention to his experience and capability.

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7 Things That Will Affect How Your Car Insurance Rates Work

July 21st, 2018 Comments off

It’s important to understand how car insurance works and how your premiums are calculated. You will never know the exact formula for calculating your rates, but there are some factors that will affect how much you pay for car insurance. So here are some things that will raise and lower your car insurance rates based on how risky you are when it comes to driving.

The extent of coverage you need or want will affect how much you spend for car insurance. Obviously, the more protection you want, the more you will have to pay. Take for instance liability insurance, the cheapest type of car insurance, will make you spend less compared to a full coverage plan.

The amount of your deductible will play a direct roll in how much you pay for car insurance. A deductible is simply the amount of money you pay before the insurance company will start paying a covered claim. The more money you are willing to take out of your own pocket before the insurance company does, the less you will have to pay in premiums. The less your deductible is, the more money your premium will be because the insurance company will likely have to pay you at some point.

Your driving record also plays a crucial role in your premium amount. If you are always involved in accidents, the insurance companies will consider you as high risk. Your premiums will increase correspondingly. If you have a good driving record, you will pay less in premiums because you are deemed as low risk. The insurance companies prefer low risk clients.

Credit rating significantly affects car insurance premiums. A higher credit score will mean better rates with your car insurance policy. This is because you are deemed as less risk by insurance company if you are more responsible with your credit.

Your location can influence your car insurance rates. If you reside in a bigger city with many cases of burglary, your insurance premiums can be higher. Insurance companies will give you a discount based on your residence, anti theft security feature of your car, and the parking area of your vehicle when not in use. You have less control over the discount rate unless you own a car with many safety features.

You age affects your car insurance rate also. Usually, more years in driving will mean lower pay for car insurance. Teenagers and people under 25 years old are charged with higher rates than other age group. Seniors likewise pay higher rates because teenager and seniors are both prone to car accidents.

And lastly, the type of car you drive will have an impact on how much you pay for car insurance. The more safety features, how old the car is, and what type of vehicle you drive will allow for fluctuating car insurance rates. Make sure to check out how much your car insurance will cost when buying a new vehicle.

Hopefully these 7 tips that affect your car insurance rates will help you understand how car insurance works, and how your rates are calculated. The more you know about car insurance, the better off you will be in the long run.

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Tax Attorneys: Find Out The Importance Of Using One

July 3rd, 2018 Comments off

For most people finance and financial matters are something that they have no clue about. This lack of knowledge at times results in the particular individual in question to take steps which eventually land them in trouble and they need to explain or bear the consequences of the government regulatory authorities.

That is why there is a need for a Tax Lawyer, who can help prevent such mistakes and its unnecessary aftermaths. Generally, tax lawyers do take care and advise their clients whether they are individuals or corporate business houses on matters related to taxation, whether it is Income Tax, Property Tax, Gift Tax etc.

The tax lawyers keep a tab on their client’s activity and provide a plan of action according to which their clients are able to carry out and execute their financial transactions.

A tax lawyer also liaisons with various government bodies and departments when it comes to certain financial matters on behalf of their clients. They represent their clients for matters which are sub judice and try and ensure that their client does not get into any legal tangle or its subsequent repercussions by dealing and negotiating with various agencies which are involved.

They are a must have in cases of mergers or acquisitions as they play a very important role in finalization of the deal, company valuation and devising the overall strategy. Tax lawyers are also able to advise a better and correct mode of executing the deal in which there is minimum chances of making a mistake which could potentially land the parties or clients involved in a financial mistake.

Tax lawyers also help the company’s in following the right and correct practices which prevent the possibility of committing a mistake and eventually getting penalized for the mistake.

It is a combination of their educational qualifications and work experience which enables them to excel in their field of work and provide the right direction and guidance to their clients. Apart from the educational and work experience factor, the tax lawyer should have exceptional communication and negotiation skills.

He should be comfortable in interacting with various people in relation to his work of representing his clients. Being a known name in the industry does help as people with whom a tax lawyer would know that he is capable of taking his case up and getting through with it. Tax lawyers should also have a bend for doing research and other fact findings as it will only help them in their field of operations and give them an upper hand in serving their customers.

Fiona Wyresdle writes for Asakawa Law which has information on really cheap DUI attorney Sacramento and best price injury attorney Sacramento.