When you meet with the attorney for the initial consultation of your NYC accident injury case it is important that you come prepared. If you are proactive and keep your attorney up to date, your NYC accident litigation will be less nerve-racking and meetings with your attorney will be more efficient. The following is a list of documents you should provide to your NYC accident attorney at your free initial consultation.
• Police reports
• Hospital bills
• All your files regarding the other party and any relating correspondence
• All insurance policies
• Documentation relating to any product at issue; like purchase orders or receipts
• Tax returns and financial statements
• Canceled checks and bills or invoices
• Files from previous litigation
• Files from previous attorneys
In NYC, it is important to be prepared to discuss your financial and personal circumstances with your attorney as they might affect the accident lawsuit. It is also important to stay in constant communication throughout the proceedings so that your attorney is apprised of your situation. In many cases a simple omission could make a significant impact to your accident case so be careful to follow the advice of doctors as well as your attorney and any authorities involved in your case.
This article was provided courtesy of the NYC accident lawyers at the Jacob Fuchsberg Law Firm.
Sphere: Related Content
Wednesday, September 30, 2009
Wednesday, September 23, 2009
Can Grandparents Sue for Custody?
Can grandparents sue for custody in Texas? The short answer is, “Yes,” but the burden of proof rests on the grandparents and is not easy to establish. The types of rights for which grandparents may sue are custody and visitation.
Custody Rights
Custody rights are the legal rights and obligations with respect to assuming the full-time parenting and raising of minor children, usually defined as children under the age of eighteen. If parents are deemed to be a danger to their child, for example, or are not willing to voluntarily surrender custody to the grandparents, the court may make a ruling based on the best interests of the child. Typically, grandparents are allowed to petition the court for custody if the child has already lived with them for at least six months and they file within 90 days of the date the child moved out of their home.
While it is unusual for grandparents to be awarded custody over one or both parents, the grandparents may sue for primary or sole physical custody of the child if there is an emergency situation that threatens the health and safety of the child or they have evidence that the child would be better off living with them than the parents. Some situations that may prompt grandparents to sue for custody include:
• The parents are themselves underage
• Neither parent can afford to support the child
• Both parents have a documented history of abusing or neglecting the child
• The parents voluntarily choose to give custody of their child to the grandparents
Visitation Rights
Visitation involves a court-established schedule of days and times that the grandchildren are to spend with their grandparents. In some states, like Texas, the law does not provide grandparents with automatic visitation rights, but they can be granted access if the court is petitioned, neither parent objects, and there is no reason to believe that such visits would be detrimental to the child’s physical, mental, or emotional health and well-being.
If you are a grandparent and believe that it would be in your grandchild’s best interests to have regular visits from you, or even move in with you on a full-time basis, you should contact an attorney with experience in family law. Be prepared – you may be facing quite a challenge when it comes to gaining custody of your grandchildren and will need all the legal advice you can get.
Article provided courtesy of Robert Reid McInvale, a Child Custody Attorney in Houston. Sphere: Related Content
Custody Rights
Custody rights are the legal rights and obligations with respect to assuming the full-time parenting and raising of minor children, usually defined as children under the age of eighteen. If parents are deemed to be a danger to their child, for example, or are not willing to voluntarily surrender custody to the grandparents, the court may make a ruling based on the best interests of the child. Typically, grandparents are allowed to petition the court for custody if the child has already lived with them for at least six months and they file within 90 days of the date the child moved out of their home.
While it is unusual for grandparents to be awarded custody over one or both parents, the grandparents may sue for primary or sole physical custody of the child if there is an emergency situation that threatens the health and safety of the child or they have evidence that the child would be better off living with them than the parents. Some situations that may prompt grandparents to sue for custody include:
• The parents are themselves underage
• Neither parent can afford to support the child
• Both parents have a documented history of abusing or neglecting the child
• The parents voluntarily choose to give custody of their child to the grandparents
Visitation Rights
Visitation involves a court-established schedule of days and times that the grandchildren are to spend with their grandparents. In some states, like Texas, the law does not provide grandparents with automatic visitation rights, but they can be granted access if the court is petitioned, neither parent objects, and there is no reason to believe that such visits would be detrimental to the child’s physical, mental, or emotional health and well-being.
If you are a grandparent and believe that it would be in your grandchild’s best interests to have regular visits from you, or even move in with you on a full-time basis, you should contact an attorney with experience in family law. Be prepared – you may be facing quite a challenge when it comes to gaining custody of your grandchildren and will need all the legal advice you can get.
Article provided courtesy of Robert Reid McInvale, a Child Custody Attorney in Houston. Sphere: Related Content
Wednesday, September 2, 2009
Understanding Different Types of Bankruptcy
Bankruptcy is the possibility, under federal law, for an individual or business entity to liquidate debts, eliminate debts, or work out a payment plan to pay some or all of their debts over a period of time. Bankruptcy contemplates the meeting of debtor (the person who or entity which files for bankruptcy) and creditors under the structure of the bankruptcy laws to give the debtor the opportunity to obtain a “fresh start” without the overwhelming pressure of pre-existing debt.
Businesses may file for bankruptcy with one of two options for emerging from bankruptcy. The first is liquidation, a winding up and closing of the business. In that case, all of the assets and liabilities of the debtor (the entity that files for bankruptcy) are listed, and with the filing of the petition for bankruptcy, all creditors are informed of the filing as well as the total assets and liabilities of the debtor. At the end of the liquidation process, the debtor is no longer in business. The other type of bankruptcy for businesses contemplates reorganization. At the end of the reorganization process in the bankruptcy court, the business emerges to continue operations.
For individuals, the bankruptcy process provides the “honest but unfortunate debtor” with the opportunity for a fresh start. Under Chapter 7 of the Bankruptcy Code, individual debtors who qualify under the “means test” set forth in the Code may discharge certain debts. The debts are paid from the proceeds of a sale of certain types of property (“non-exempt” property) by to a trustee appointed by the Bankruptcy Court. Some debts, such as criminal fines or child support, may not be discharged.
Individuals may also file for bankruptcy under Chapter 13, which provides the opportunity to restructure debt and extend payment terms over a period of years. It is important to note that while Chapter 11 will operate to stop a foreclosure, Chapter 7 does not.
The bankruptcy laws are complex, and filing for bankruptcy has ramifications that must be considered prior to filing. If you contemplate filing for bankruptcy, contact an attorney.
Information provided courtesy of the Long Beach Bankruptcy Attorneys at Claveran Law Firm Sphere: Related Content
Businesses may file for bankruptcy with one of two options for emerging from bankruptcy. The first is liquidation, a winding up and closing of the business. In that case, all of the assets and liabilities of the debtor (the entity that files for bankruptcy) are listed, and with the filing of the petition for bankruptcy, all creditors are informed of the filing as well as the total assets and liabilities of the debtor. At the end of the liquidation process, the debtor is no longer in business. The other type of bankruptcy for businesses contemplates reorganization. At the end of the reorganization process in the bankruptcy court, the business emerges to continue operations.
For individuals, the bankruptcy process provides the “honest but unfortunate debtor” with the opportunity for a fresh start. Under Chapter 7 of the Bankruptcy Code, individual debtors who qualify under the “means test” set forth in the Code may discharge certain debts. The debts are paid from the proceeds of a sale of certain types of property (“non-exempt” property) by to a trustee appointed by the Bankruptcy Court. Some debts, such as criminal fines or child support, may not be discharged.
Individuals may also file for bankruptcy under Chapter 13, which provides the opportunity to restructure debt and extend payment terms over a period of years. It is important to note that while Chapter 11 will operate to stop a foreclosure, Chapter 7 does not.
The bankruptcy laws are complex, and filing for bankruptcy has ramifications that must be considered prior to filing. If you contemplate filing for bankruptcy, contact an attorney.
Information provided courtesy of the Long Beach Bankruptcy Attorneys at Claveran Law Firm Sphere: Related Content
Wednesday, August 12, 2009
Good Practices When Preparing for Divorce
When couples have reached the point of a divorce, separation for an extended period of time has come and gone. All the resources available to couples in a troubled marriage should have been used, including seeking the advice of a marriage counselor.
Before a divorce proceeding takes place, property division is a necessity. Usually when a couple goes through a separation period, the property has either been discussed or divided between the two spouses. In the cases where children are involved, separation requires soon-to-be divorced parents to discuss with their children where they should live and what the custody and visitation rights could be after the divorce settlement. When all the decisions that can be made during a separation are concluded, then it is time to consult a law firm in the state your reside, for instance a Houston Family Law Attorney in Texas .
A period of separation can be used to resolve any financial matters before going ahead with a divorce. You need to do this because, if your ex-spouse defaults on any financial obligations in the future, you need to protect yourself against their creditors. When producing your finances to the attorney, make a list of all assets and liabilities that are currently held. All joint accounts should be transferred into your name only; this includes credit cards also.
When a couple seeks a divorce, separation requires them to begin the process of dividing up their lives as husband and wife. It can be difficult to figure out who will take particular pieces of property or who will reside in the marital residence. What can be more harrowing is involving children in the process of custody and visitation. No matter how one looks at the matter, separation can be as daunting a task as the entire divorce process. Sphere: Related Content
Before a divorce proceeding takes place, property division is a necessity. Usually when a couple goes through a separation period, the property has either been discussed or divided between the two spouses. In the cases where children are involved, separation requires soon-to-be divorced parents to discuss with their children where they should live and what the custody and visitation rights could be after the divorce settlement. When all the decisions that can be made during a separation are concluded, then it is time to consult a law firm in the state your reside, for instance a Houston Family Law Attorney in Texas .
A period of separation can be used to resolve any financial matters before going ahead with a divorce. You need to do this because, if your ex-spouse defaults on any financial obligations in the future, you need to protect yourself against their creditors. When producing your finances to the attorney, make a list of all assets and liabilities that are currently held. All joint accounts should be transferred into your name only; this includes credit cards also.
When a couple seeks a divorce, separation requires them to begin the process of dividing up their lives as husband and wife. It can be difficult to figure out who will take particular pieces of property or who will reside in the marital residence. What can be more harrowing is involving children in the process of custody and visitation. No matter how one looks at the matter, separation can be as daunting a task as the entire divorce process. Sphere: Related Content
Friday, July 17, 2009
Filing Class Action Suit Against Debt Collectors
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
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
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
Subscribe to:
Posts (Atom)
