In California, debt collection companies do not have to register for a license nor are they subject to state financial regulators. In other states they do. As a result, there is nothing to prevent a debt collection company from setting up operations in California or in states with like arrangements and to engage in unscrupulous collection tactics without concern for any consequence from a governing agency or board. They are however, subject to the Fair Debt Collection Practices Act (FDCPA) and can be sued by the individual consumer who has been subject to their abuses. The consumer can also report them to the state Attorney General’s office, and with enough reports on file, action may be taken by the Attorney General’s office.
The individual consumer can stop an abusive debt collector dead in their tracks with an attorney well versed in the Fair Debt Collection Practices Act. If a collection agency has policy and practices across the boards that violate consumer rights under the FDCPA, and given the right circumstances, a California class action lawsuit can be brought against that company which can have the net effect of putting it out of business all together.
No one can stop these vicious, abusive debt collectors unless the abused consumer reports thes abuse to a consumer advocate who focuses on Fair Debt Collection Practices claims.
Once these abusive debt collection agencies have been forced to close their doors, they can open up again the very next day. This is basically true of any business that has been incorporated, or formed as a limited liability company. The same executives that operated a scandalous collection agency can turn around and form a new company and begin all over again. If they were required to be licensed, their history as collectors would no doubt come into play as the state was deciding whether or not to allow to them to open for new business.
Sphere: Related Content
Friday, July 17, 2009
Monday, July 13, 2009
Settling a Thriller Estate in California
And the battle begins…..
When the will and trust of a celebrity like Michael Jackson become headlines, it’s a great reminder to the rest of us to get a good estate plan in place and keep it in place. The controversy about whether he had a will or not, whether he had a trust or not and who has a copy of the latest will or trust has just begun. Jackson’s family will probably be entrenched in court debates about his intentions, his capacity and the existence of conflicting estate planning documents for years. The certainty in this upcoming circus is that the lawyers involved will prosper. The probate code requires their fees to be paid before the beneficiaries or the creditors of the estate get paid. Only tax liabilities have priority over the attorneys getting paid.
Most of us will never be front page news, but the risk of this type of nightmare is very real if you do not take steps to prevent it. Having a will is good. It tells the world (literally, since it must be lodged with the court upon your death, and thereby becomes public information) how you want to dispose of your assets and who you want to be the guardians of your minor children. Even better is having a trust so that your family will not have to deal with your assets going through probate. Instead, they will be able to settle your affairs in a much more private, speedy and confidential manner.
Avoiding probate is probably the number one reason people come to visit Generations and speak with our Sacramento estate planning attorneys about having a trust done for them. We have helped many of the “superstars” of Sacramento create trusts that allow their families to settle their estate without the prying eyes of the ever-curious public. Should your privacy be any less protected?
Do not leave your family without the power to distribute your assets in a timely and private manner. If you fail to do so, only the lawyers will prosper.
Please contact our Sacramento estate planning attorneys today to discuss how best to secure your estate and to ensure it is passed on to those who matter most to you. Sphere: Related Content
When the will and trust of a celebrity like Michael Jackson become headlines, it’s a great reminder to the rest of us to get a good estate plan in place and keep it in place. The controversy about whether he had a will or not, whether he had a trust or not and who has a copy of the latest will or trust has just begun. Jackson’s family will probably be entrenched in court debates about his intentions, his capacity and the existence of conflicting estate planning documents for years. The certainty in this upcoming circus is that the lawyers involved will prosper. The probate code requires their fees to be paid before the beneficiaries or the creditors of the estate get paid. Only tax liabilities have priority over the attorneys getting paid.
Most of us will never be front page news, but the risk of this type of nightmare is very real if you do not take steps to prevent it. Having a will is good. It tells the world (literally, since it must be lodged with the court upon your death, and thereby becomes public information) how you want to dispose of your assets and who you want to be the guardians of your minor children. Even better is having a trust so that your family will not have to deal with your assets going through probate. Instead, they will be able to settle your affairs in a much more private, speedy and confidential manner.
Avoiding probate is probably the number one reason people come to visit Generations and speak with our Sacramento estate planning attorneys about having a trust done for them. We have helped many of the “superstars” of Sacramento create trusts that allow their families to settle their estate without the prying eyes of the ever-curious public. Should your privacy be any less protected?
Do not leave your family without the power to distribute your assets in a timely and private manner. If you fail to do so, only the lawyers will prosper.
Please contact our Sacramento estate planning attorneys today to discuss how best to secure your estate and to ensure it is passed on to those who matter most to you. Sphere: Related Content
Tuesday, June 30, 2009
Learn the Details of Finding a Divorce Attorney
Divorce refers to the dissolution or the legal end of a marriage. Every state has its own legal requirements governing when a divorce may be granted. These legal requirements may include a residency requirement, grounds or a reason for the divorce, among others.
The grounds for divorce may vary from being fault-based and no-fault based. All these requirements vary from state to state, so contact a firm in your state for more details like New Jersey attorneys familiar with the Bergen County divorce process or a Las Vegas family court lawyer. Certain exceptions like ‘Irreconcilable Differences’ and ‘Irretrievable Breakdown’ are common no-fault grounds for divorce in almost all states. Your divorce could be the most important financial decision in life, as well as one of the most nerve wrecking. In such a circumstance, the key person who can see you through this is a divorce attorney.
The divorce attorney helps you in making extremely important financial and emotional decisions like child custody, property divisions etc. You must choose a attorney well versed and specializing in Family Law.
When you first meet the attorney, give all case facts. The fee quoted by the person will be a rough approximate as the amount of legal work involved is not very clear. Usually, they charge by the hour, and a retainer fee as an advance payment may be desired by the attorney. You are at liberty to interview a few attorneys before choosing one to represent you in court.
To be on the safe side, it's a good idea to enquire from the attorneys the following facts:
• The relevant experience in Family Law and number of years of practice in this field.
• Steps involved in the divorce process.
• Filing fee and the fee that any additional legal assistants employed will ask for.
• Inquire about the Retainer Agreement policy of the attorney/firm.
• Billing cycle of the attorney.
A good attorney will answer all queries, and will try to address any concerns that you may have about legal implications or your case in general.
Once you and your spouse start the proceedings, do not sign any paper for your partner without express knowledge of your divorce attorney. Litigation and negotiations are little subjective so ask your attorney about his/her policy in this matter.
A good divorce attorney is invaluable to your case, so you should choose one carefully. Once you place your trust in a attorney, do it completely and assist them. After all, it is your own life. Sphere: Related Content
The grounds for divorce may vary from being fault-based and no-fault based. All these requirements vary from state to state, so contact a firm in your state for more details like New Jersey attorneys familiar with the Bergen County divorce process or a Las Vegas family court lawyer. Certain exceptions like ‘Irreconcilable Differences’ and ‘Irretrievable Breakdown’ are common no-fault grounds for divorce in almost all states. Your divorce could be the most important financial decision in life, as well as one of the most nerve wrecking. In such a circumstance, the key person who can see you through this is a divorce attorney.
The divorce attorney helps you in making extremely important financial and emotional decisions like child custody, property divisions etc. You must choose a attorney well versed and specializing in Family Law.
When you first meet the attorney, give all case facts. The fee quoted by the person will be a rough approximate as the amount of legal work involved is not very clear. Usually, they charge by the hour, and a retainer fee as an advance payment may be desired by the attorney. You are at liberty to interview a few attorneys before choosing one to represent you in court.
To be on the safe side, it's a good idea to enquire from the attorneys the following facts:
• The relevant experience in Family Law and number of years of practice in this field.
• Steps involved in the divorce process.
• Filing fee and the fee that any additional legal assistants employed will ask for.
• Inquire about the Retainer Agreement policy of the attorney/firm.
• Billing cycle of the attorney.
A good attorney will answer all queries, and will try to address any concerns that you may have about legal implications or your case in general.
Once you and your spouse start the proceedings, do not sign any paper for your partner without express knowledge of your divorce attorney. Litigation and negotiations are little subjective so ask your attorney about his/her policy in this matter.
A good divorce attorney is invaluable to your case, so you should choose one carefully. Once you place your trust in a attorney, do it completely and assist them. After all, it is your own life. Sphere: Related Content
Tuesday, June 2, 2009
Getting Personal Injury Lawsuit Representation
If you have been hurt or injured in some way you may be considering consulting a personal injury lawyer to collect damages. If your injuries are the result of neglect or the deliberate actions of another, you may have a case for a personal injury lawsuit. There are several different types of personal injury cases, however, and knowing if your situation meets the criteria is a good start.
One of the most common types of personal injury lawsuits are due to car accidents. There are so many different reasons for auto accidents that you really need a personal injury attorney to review your case as soon as possible. It may seem very clear that the other person was at fault, but there are many factors to consider, including:
* Driver distraction or intoxication
* Poorly designed or maintained roads (which may indicate government liability or local maintenance liability)
* Road debris left by other motorists who did not properly maintain their vehicles
* Vehicle defects, including faulty brakes, tires or other mechanical failure
A personal injury lawyer will carefully study the accident report, your account of the accident scene and eyewitness testimony to determine who is at fault and to what degree to make sure you are pursuing your case against the proper individuals or entities.
With so many factors involved in determining what is and isn't a personal injury case and how to determine who is at fault, you should never waste time before contacting a local attorney in the state where the crash occurred, such as an Austin truck accident lawyer in Texas . It can mean the difference between suffering without compensation and having someone on your side to fight for your rights under the law. Sphere: Related Content
Wednesday, May 27, 2009
Understanding a Lawsuit Involving Injury Claims
In car accident lawsuits, a victim seeks compensation for the injuries they have suffered. Compensation can include medical expenses, disability or deformity, loss of income and pain and suffering.
Most car accident lawsuits can be settled out of the court system through negotiations with an adjuster from the defendant 's insurance company and may require help from a local law firm where the accident took place, such as a San Bernardino personal injury attorney in California or a New Jersey personal injury attorney. If negotiations cannot be reached in this manner, a Complaint of Law can be filed in the appropriate civil court.
The laws regarding car accident lawsuits in each state are different. All states have a statute of limitations which places a time restriction on when car accident lawsuits can be filed. In car accident lawsuits, two things must be proven by the victim.
The first thing that must be established is that the defendant was, in fact, responsible for the injuries that were incurred by the victim. The extent of the damages also must be proven in car accident lawsuits.
A car accident case is governed by tort law which protects individuals from civil wrongs committed by another, either intentionally or as a result of negligence. car accident settlements can include compensatory damages and punitive damages.
Compensatory damages in car accident settlements are intended to place a victim in the same position they were in before the injury. car accident settlements may be possible in three different types of car accident that occur in a variety of circumstances.
car accident claims can be filed for negligence, where victims are injured because the responsible party failed to prevent injury.
An experienced and qualified car accident attorney protects the rights and interests of the injured victims and works to insure that they are justly compensated in car accident settlements. Sphere: Related Content
Most car accident lawsuits can be settled out of the court system through negotiations with an adjuster from the defendant 's insurance company and may require help from a local law firm where the accident took place, such as a San Bernardino personal injury attorney in California or a New Jersey personal injury attorney. If negotiations cannot be reached in this manner, a Complaint of Law can be filed in the appropriate civil court.
The laws regarding car accident lawsuits in each state are different. All states have a statute of limitations which places a time restriction on when car accident lawsuits can be filed. In car accident lawsuits, two things must be proven by the victim.
The first thing that must be established is that the defendant was, in fact, responsible for the injuries that were incurred by the victim. The extent of the damages also must be proven in car accident lawsuits.
A car accident case is governed by tort law which protects individuals from civil wrongs committed by another, either intentionally or as a result of negligence. car accident settlements can include compensatory damages and punitive damages.
Compensatory damages in car accident settlements are intended to place a victim in the same position they were in before the injury. car accident settlements may be possible in three different types of car accident that occur in a variety of circumstances.
car accident claims can be filed for negligence, where victims are injured because the responsible party failed to prevent injury.
An experienced and qualified car accident attorney protects the rights and interests of the injured victims and works to insure that they are justly compensated in car accident settlements. Sphere: Related Content
Wednesday, May 6, 2009
Consumer Rights Involving Defective Products
Defects may occur in any products made by manufacturers or producers. These may vary from simple flaw in constructing a chair to error in creating an electronic appliance that made it explode after some time of usage.
Product defects may be categorized depending on what phase of manufacturing or handling an item has acquired such deficiency.
• Design defects – occur even before a product has been created or in the planning stage. Usually, this type of defects arises due the manufacturer’s objective to develop a product, which is more appealing to the eyes of the consumers so that they will more likely buy the product. Consequently, some safety standards are being disregarded in the design.
• Manufacturing defects – occur in the actual stages of product assembly or production. Whether a product design is being done manually or machine aided, problems and mistakes cannot be completely avoided.
This is the reason why product testing is always necessary for manufacturing companies to ensure that all their items passed under a strict safety standards. Failure to implement such may result to more troubles if the government has issued a recall order.
• Marketing defects – occur in the stage of selling or distributing the products. Even though a particular item has been proven free of any manufacturing defects, improper delivery or handling may damage the products. This specific mistake is under the responsibility of the distributor or the seller of the goods.
The product liability laws guarantee protection for the consumers who have been injured or died from an accident resulting in the utilization of a reasonably dangerous product and allows to file their lawsuits against the company, wholesalers or retailers that manufactured or distributed it, depending on the type of defects seen on the product.
Since the actual filing of a product liability claim involves many complicated matters, it is always advisable to hire the assistance of a qualified lawyer who has the expertise in handling this particular type of case. If the defect appears to be in an entire line of a product, a California defective product attorney may be able to file a class action suit against the manufacture to allow multiple victims to be eligible to receive compensation for injuries and reimbursement for repairs and/or replacements. Sphere: Related Content
Product defects may be categorized depending on what phase of manufacturing or handling an item has acquired such deficiency.
• Design defects – occur even before a product has been created or in the planning stage. Usually, this type of defects arises due the manufacturer’s objective to develop a product, which is more appealing to the eyes of the consumers so that they will more likely buy the product. Consequently, some safety standards are being disregarded in the design.
• Manufacturing defects – occur in the actual stages of product assembly or production. Whether a product design is being done manually or machine aided, problems and mistakes cannot be completely avoided.
This is the reason why product testing is always necessary for manufacturing companies to ensure that all their items passed under a strict safety standards. Failure to implement such may result to more troubles if the government has issued a recall order.
• Marketing defects – occur in the stage of selling or distributing the products. Even though a particular item has been proven free of any manufacturing defects, improper delivery or handling may damage the products. This specific mistake is under the responsibility of the distributor or the seller of the goods.
The product liability laws guarantee protection for the consumers who have been injured or died from an accident resulting in the utilization of a reasonably dangerous product and allows to file their lawsuits against the company, wholesalers or retailers that manufactured or distributed it, depending on the type of defects seen on the product.
Since the actual filing of a product liability claim involves many complicated matters, it is always advisable to hire the assistance of a qualified lawyer who has the expertise in handling this particular type of case. If the defect appears to be in an entire line of a product, a California defective product attorney may be able to file a class action suit against the manufacture to allow multiple victims to be eligible to receive compensation for injuries and reimbursement for repairs and/or replacements. Sphere: Related Content
Friday, April 10, 2009
Find an Injury Attorney in the State the Accident Occurred
We’ve all seen the ads for a personal injury attorney on television, on billboards and in newspapers, but when should we consider consulting personal injury lawyers? A personal injury claim can be made when a person suffers an injury through the negligence of another person. Negligence is when a person’s actions are deemed to place another person in unreasonable risk. If this negligence leads to an accident then there is a case for a personal injury lawsuit.
If you have been involved in an accident, the first thing you should do is contact a personal injury attorney; they will be able to advise you whether you have a right to a personal injury claim or not. These consultations are usually free and quite often a personal injury attorney will not take any money unless they win the claim. As laws can vary from state to state, consult an attorney in the state the accident occurred, like a Florida Injury Lawyer or Jacksonville Injury Attorneys if the accident happened in the Sunshine State.
Personal injuries can be almost anything that leads to an injury. Whether this is a car accident caused by another driver, or whether you slip and fall while shopping or even at work these are all probably causes for personal injury claims. Tripping over badly laid paving slabs may lead to a successful personal injury claim. Dog bites, asbestos illnesses, a crash while on public transport or any accident that leads to bodily injury may mean you are entitled to claim. A personal injury attorney will be able to advise you whether you have a case or not.
The extent of your claim usually depends on the seriousness of your injury. You are entitled to claim for loss of earnings as well as compensation for bodily injuries and emotional distress. In some cases, for instance asbestos illnesses, your family is entitled to claim on your behalf.
The pain and suffering caused by many accidents can be long lasting and not only physical but emotional and mental as well. It can take months or even years to recover from the anguish caused by some injuries.
Families and friends can be affected as well, the mental anguish for them being almost as traumatic as it is for you. You may need short- or even long-term care. Not all injuries are short-term. Many people who worked with materials that contain asbestos in the 20th century have developed lung cancer or mesothelioma. These are both very serious illnesses that can have adverse affects throughout life and possibly lead to death. Sphere: Related Content
If you have been involved in an accident, the first thing you should do is contact a personal injury attorney; they will be able to advise you whether you have a right to a personal injury claim or not. These consultations are usually free and quite often a personal injury attorney will not take any money unless they win the claim. As laws can vary from state to state, consult an attorney in the state the accident occurred, like a Florida Injury Lawyer or Jacksonville Injury Attorneys if the accident happened in the Sunshine State.
Personal injuries can be almost anything that leads to an injury. Whether this is a car accident caused by another driver, or whether you slip and fall while shopping or even at work these are all probably causes for personal injury claims. Tripping over badly laid paving slabs may lead to a successful personal injury claim. Dog bites, asbestos illnesses, a crash while on public transport or any accident that leads to bodily injury may mean you are entitled to claim. A personal injury attorney will be able to advise you whether you have a case or not.
The extent of your claim usually depends on the seriousness of your injury. You are entitled to claim for loss of earnings as well as compensation for bodily injuries and emotional distress. In some cases, for instance asbestos illnesses, your family is entitled to claim on your behalf.
The pain and suffering caused by many accidents can be long lasting and not only physical but emotional and mental as well. It can take months or even years to recover from the anguish caused by some injuries.
Families and friends can be affected as well, the mental anguish for them being almost as traumatic as it is for you. You may need short- or even long-term care. Not all injuries are short-term. Many people who worked with materials that contain asbestos in the 20th century have developed lung cancer or mesothelioma. These are both very serious illnesses that can have adverse affects throughout life and possibly lead to death. Sphere: Related Content
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