KB9SWQYJuj0231U77zLQ3bhKULVA4P2: December 2012

Thursday, December 6, 2012

Recent Case Law Has Interesting Implications for the Law of Wills and Estates and Personal Injury

Recently, the United States Supreme Court decided the case of Kurns as the executrix of the estate of Corson who was deceased and others against the Railroad Friction Products Company. The case has interesting implications for the rights of a deceased person to sue. The case concerned a man who worked as a welder and machinist for a railroad carrier. After retirement, he was diagnosed with mesothelioma. He and his wife then sued the company that was responsible for he is exposure to asbestos in the train repair workshops and is the company's train engine parts which were distributed by the company that was sued. The plaintiff alleged that the company designed its trade products defectively and failed to warn of the dangers posed by the asbestos. The basic holding of the court was that the state law in relation to the design defects and the failure to warn claims fell within the field of locomotive equipment regulation and that field was defined by previous case law.

The basic legislation underpinning the decision says that a railroad carrier may use are allowed to be used a locomotive will depend on its railroad line only when the locomotive or tender and its parts are improper condition and safe to operate without necessary danger of personal injury. The court analysed the previous cases which have examined this type of issue and held that to state laws prescribing the use of locomotive equipment pre-empted by the original statements legislation meant that the broad power conferred by the original statements legislation on the Interstate commerce commission which was the agency then vested with authority to carry out the requirements was a general one. the piece of legislation which was seen to be in conflict with the state-based legislation was the Federal Railroad Safety Act of 1970. the parties did not argue that the previous case was wrong. Instead, they argue that their claims the outside the field of the status legislation and that this meant that the federal legislation must override it.

The case reflects in its ultimate reasoning of the decision the fact that the supremacy clause in the federal law related to the US Constitution shall be the supreme law of the land and anything in the Constitution or laws of any state to the contrary notwithstanding shall be subservient to the federal legislation which is stated in United States Constitution in article 4, clause 2. The court then went on to reason that the state requirements of the state legislation were not pre-empted by federal legislation because the court was asked to consider whether there was a manifest intention to occupy the entire field of regulating locomotive equipment. The court answer that question should be determined affirmatively and said that the broad scope of the authority conferred on the Interstate commerce commission by Congress led to that conclusion. The power delegated to the commission, it was explained in previous cases was a general one that extends to the design, construction and the material of every part of locomotive and tender of all equipment associated with this.

The decision left the petitioners without a sufficient remedy in relation to the fatal exposure of asbestos in a repair facility. Because of this, Justice Sotomayor partially concurred but also partially percent majority on the decision and said it is you it would not be a just outcome if the petition is in this case could not hope to recover in relation to the exposure of the plaintiff to asbestos resulting in mesothelioma. The implication of the case is the larger of claims will be wiped out in relation to the railroad industry because of the decision in this matter.

The Top 10 Problems With Judgments

I am not a lawyer, I am a Judgment and Collection Agency Broker. This article is my opinion, based on my experience in California, and laws vary in each state. If you ever need legal advice or a strategy to use, please contact a lawyer.

Judgments are not guaranteed, they are only chances for getting some money in the future. When the economy was good, judgments were sometimes a way to get money. Now they are only a chance of getting some money.

In the ideal situation, your judgment debtor is wealthy and will repay your judgment after getting a single polite reminder. That is not the case 99% of the time. Most of the time, judgments are never enforced. If they are enforced, it is a slow process that often involves compromise, and partial recoveries more often than full recoveries.

Here are the top ten reasons many judgments are never recovered:

1. The debtor can file for bankruptcy protection. Once a debtor files for bankruptcy protection, all creditors must stop all collection activities, at least until they later get written permission from the bankruptcy court. While there are exceptions, most of the time, bankruptcy kills judgments.

2. The debtor can die. While it is possible to show your judgment to the executor of the dead person's estate, when there are no assets left, you will not get paid. Most often, you either get nothing or must settle for a fraction of what is owed.

3. The debtor can go underground, hide assets, or be poor. When you sue a debtor using a fake name, or when the debtor is a professional fraud that keeps most of their assets in names that cannot be traced to them, or is really poor, most of the time, that means a judgment against them cannot be enforced.

4. The debtor can move. It is not cheap or easy to domesticate judgments to another state. Some states make it extra hard for creditors, Florida being one of the worst. Some states impair judgment recovery with laws that specify that small claim cases cannot be assigned, or one must be a lawyer to recover any judgment, even a $100 one.

5. The debtor can become sick or get hurt. Disability (and social security) income cannot be reached by creditors, and disabled debtors often lose their ability to earn income.

6. The debtor can file an exemption claim. Every State has exemptions for a debtor's personal property. If the debtor files an exemption claim, you must show up at the hearing. If you do not show up, the debtor wins.

7. The debtor can vacate the judgment. Especially with default judgments, asking the court to vacate a judgment is cheap and easy. The debtor may not win, however if you do not show up, the debtor wins.

8. The debtor can claim "it's not me". Especially when the debtor has a very common name, or grandpa, dad, and son, all have exactly the same name; it can be difficult to recover a judgment. It can take too much time and money to prove who is the actual debtor.

9. The debtor can hire a lawyer. Some debtors would rather spend $10,000 on lawyers, than pay $5,000 to satisfy the judgment against them.

10. The debtor can have many previous judgments and liens. When a debtor has a bunch of judgments against them already, most judgment enforcers will not even try to recover a judgment against the debtor. This is not always fair, because the first one to recover the judgment wins, even if there are 20 other unsatisfied judgments against the debtor.

How To Minimize Your Credit Card Debt

Unpaid credit card debts are a lawsuit waiting to happen. Save yourself from a lot of headache and learn what you can do to reduce your debt quickly and efficiently.

Check The Statements

Not only should you check your card statement but also your bank statements. The statement shows how much money you owe to your card company while the bank statement shows you where your accounts are. Now, compare these statements with your monthly income, divide a chunk of your salary into portions, in which you need to repay your card company. This is where you will discover if your monthly income is sufficient to cover your debts. In addition, not all records are accurate so always search for errors on your monthly statements as well.

Use Low Interest Cards

If you have multiple cards with varying interest rates, it's best to check which cards have the lowest interest rates and use them instead of credit cards with higher interest rates. The fact is, cutting off credit cards with a long history of credit could do more harm than good. Instead of cutting them off completely, focus on using lower interest cards and use higher interest cards once in a while.

Use Cash/Debit Cards

Generally, using credit cards is more expensive as opposed to paying cash or using debit cards to make purchases. An average credit card's APR is around 5% and most card companies require a monthly or annual membership fee. Save more by using cash instead of your cards. You'd be surprised at how much money you can actually save by using your credit cards during emergencies alone.

Create Expenses Plan

Always manage your expenses. By mapping out a daily or monthly budget, you will not only manage your money, you will also discover where you spend your money the most. Of course, planning your expenses is one thing, executing the plan and sticking to it is a different story. If you create a budget, be sure to stick to your budget. Otherwise, your careless spending could be defeating the purpose of creating a budget for manageable debt.

Better financial situation starts with keeping tabs on your expenses and managing your debt effectively. By keeping track of your expenses and card use, you should have no problems making payments on time, each month. This will help avoid any trouble with your creditor that could possibly lead to a credit card lawsuit.

Should You Give Up Ownership Of Your Judgment? Responding to a Collection Agency's Interrogatories Correctly Receiving a Summons: How to Answer a Summons for Debt Properly Which Judgments Should You Take? 4 Civil Summons Mistakes to Avoid Legal Support Services: What Can a Business Gain From an Experienced Provider?

What a Process Server Really Does

Serving process is a job that is surrounded by many misconceptions. Usually taken up by private investigator firms, process serving is a function that operates privately, independent of the courts, to deliver court materials and legal documents by an impartial third party. Common use is to deliver materials and contracts to unwilling parties, or to directly subpoena defendants with court summons.

Processes are court documents or legal documents that can range from summons to complaints. A process server is used to provide court verification that a document was received by a party involved with the case.

For a quick example, image you are a tenant who is taking your landlord to court for failing to fix some items in your house, as per the lease agreement. The landlord is refusing to answer your calls and you have decided to take that landlord to court for either money back from your rent, or to force the landlord to make the repairs. Your lawyer would hire a process server to track down your landlord and deliver the court summons to them, legally mandating their presence in court on the appointed date. The process server does not work for you and your lawyer though.

The fact that they are a third part is essential to a process server's job. People have the misconception that the process server works in the favor of the plaintiff, but a certified process server must have sworn an affidavit on a case that they are serving to say that they are totally impartial upon serving of the papers. They can have no connection to either the plaintiff or the defendant, insofar as they are hired by the plaintiff's lawyer to serve the papers and ensure a court date.

Each state has their own set of regulations for how a process server can legally consider the documents served. In the state of Virginia, processes can be delivered in person for the most effective serving. However, they have several other tactics that they may use to serve the documents. If another party answers the door of the defendant's residence, they may leave the documents with that individual to then give to the defendant IF that individual is a family member of the defendant, is at least 16 years old, is not a guest in the house but a permanent resident, and is told the circumstances of the documents. If all else fails they can simply attach the process to the front door of the residence, and only the front door. If the defendant has been deemed to have left the state or abandoned the home at which they are legally living, there are other ways to effectively consider the process to be served as well as well.

Hiring a process server is a great way to assure that your court sessions run smoothly and on time. With processes served within the court's time sensitive scheduling, some processes can be served within a couple of days. Rather than getting into a direct situation use a process server to formally and legally announced litigation.

Vehicle Levy Math

I am not a lawyer, I am a Judgment Broker. This article is my opinion, and not legal advice, based on my experience in California, and laws vary in each state. If you ever need any legal advice or a strategy to use, please contact a lawyer.

Levying a judgment debtor's vehicle is expensive and complicated. This article has a vehicle levy example, based on California laws, with example approximate costs.

Laws vary widely in each state, so always check local laws and the court for procedures, and verify costs with your local Sheriff department.

In California, when Sheriff levies are not bank accounts or wages, the judgment debtor's property must be sold at a Sheriff auction. This makes levies of anything except bank accounts and wages very expensive.

The auction process is an imperfect sales mechanism that usually yields relatively low prices, reducing the amount available for the judgment creditor. One day, perhaps Sheriff auctions will be on eBay.

The first expense is the debtor's exemption. That exemption is only for one vehicle owned by the debtor. The exemption starts at $2,725, and if they use the vehicle in their work as a commercial vehicle, the exemption is $5,900. The first $2,725 or $5,900 from an action sale, go back to the judgment debtor.

The cost of buying a writ of execution from the court is $25. The Sheriff charges about $1,000 to start a levy auction procedure.

The good news is the Sheriff often allows you to deposit half the required amount (e.g., $500) to start. The bad news is that is just the beginning of an upward spiral of costs that could sometimes make one regret levying a judgment debtor's vehicle.

After the (so far) $3,725 or $6,900 in expenses, there is the cost of the Sheriff's office charges to store the vehicle. In this article, the example is 30 days at $35 per day for vehicle storage costs, totaling $1,050.

In some situations, for example when the Sheriff is backlogged, or the judgment debtor files for bankruptcy protection, the storage costs you must always pay, go up dramatically.

One more way that bankruptcy is unfair to judgment creditors that levy a judgment debtor's vehicle, is that creditors must pay levy storage fees, even if the judgment debtor's bankruptcy is eventually denied. Four months of storage fees might cost about $4,200.

After all these costs, the auction fees are usually ten percent of what the vehicle sells for.

In this example so far, we are up to at least $4,775 or $7,950. To break even, the vehicle must sell for at least $5,306 or $8,840, to have a chance of paying anything toward satisfying the judgment.

Last but not least, there could also be the cost of paying off any previous loans on the vehicle.

The opening price bid at an auction is usually the costs of the debtor exemption and paying off previous loans on the vehicle.

Always attend Sheriff auctions when your judgment debtor's property is up for sale. While you might be able to credit bid at an auction, you cannot credit bid for the debtor's exemption, or to pay off any previous loans on the vehicle.

When assets are collected using a writ, they are applied first to the cost of obtaining a writ, second to accrued interest, third to the levying officers fees and costs for performing the levy, and fourth to the judgment principal.

If the opening bid price is not met, the $25 writ, at least $500 (often $1,000) of the Sheriff department's fee, and the (at least) $1,050 for vehicle storage, are your costs, even if the vehicle does not sell.

As mentioned earlier, vehicle storage fees could be prohibitive. If there are delays, it could be $4,000 or so, meaning you might be out of pocket more than $5,000. (You might get some of the Sheriff's fees back.)

I am not a lawyer. My opinion is that if the vehicle does not sell, it is often returned to the judgment debtor, and you may not be able to add your massive expenses to what the judgment debtor owes, which seems very unfair.

Here is a hypothetical example of costs for a California vehicle levy. This example assumes a good situation, where it makes sense to levy the judgment debtor's vehicle. As mentioned earlier, in many cases, you can lose a lot of money trying this.

In this example, the judgment debtor's vehicle is a car, with a Kelley Blue Book private-party value of $15,000, and a previous $4,000 loan that must be paid off.

The winning bid at the auction (75 percent of the Kelley Blue Book private-party value) was $11,250.

The fees could go like this: $11,250, minus a 10% auction fee of $1,125, minus $4,000 to pay off the previous loan, minus the judgment debtor exemption for their personal vehicle of $2,725, leaving a gross amount for the judgment creditor of: $6,125.

That $6,125 gross amount has expenses. The storage fee for example, is $1,000. Also, writ and levying officer fees of $525, auction detailing and inspection fees of $400, leaving a net $4,560 for the judgment creditor.

After an auction sale, as with a bank levy, the sheriff returns the writ of execution to the court, showing the amount paid to the creditor. That amount is credited toward paying the judgment, no matter what expenses the judgment creditor incurred.

Should You Give Up Ownership Of Your Judgment? Responding to a Collection Agency's Interrogatories Correctly Receiving a Summons: How to Answer a Summons for Debt Properly Which Judgments Should You Take? Legal Support Services: What Can a Business Gain From an Experienced Provider?

Judgment Debtors And Trusts

A Trust is a document that (at least temporarily) separates the ownership of assets from people. Instead of a person owning an asset, the trust owns it.

There are many kinds of trusts. Trusts are not usually separate legal entities from the people that created them, or are named in them.

Trusts are often an alternate way to own assets. Trusts can be thought of as containers for potential or conditional assets.

Trusts can be used to solve many problems, including avoiding probate, or to try to solve the problem of leaving assets available to satisfy judgment debts.

Trusts usually have four categories of people or entities:

1) The grantor (sometimes called a settlor), that creates and usually funds the trust.

2) Assets, which are transferred in and out of the trust.

3) Beneficiaries (sometimes called settlees), that receive assets or benefits from the trust.

4) The trustee, who manages the trust's assets, and distributes them according to the terms of the trust, or if legal action unravels the trust.

The grantor can also be the beneficiary, and the trustee too, at least while they are still alive.

When the same person is the grantor, trustee, and also the beneficiary, it is called a self-settled trust. Self-settled trusts are not legal in most states, and are a foolish way to try to hide assets from creditors.

Putting assets into a properly formed trust can make those assets less available to creditors. Even when the trust itself is the defendant and judgment debtor in a lawsuit, it can be difficult to recover the judgment. There are many ways a trust may be hidden or depleted, in private ways to stymie judgment creditors.

There are two kinds of trusts: revocable, and irrevocable. Revocable trusts can be changed, undone, or dissolved. Assets in revocable trusts are reachable by judgment creditors. When a trust is irrevocable, it is off-limits to changes by the judgment debtor, and usually not available to judgment creditors either.

To avoid the expenses and disclosures required in the probate process, many people with assets, set up a revocable living trust. Then, they transfer ownership of everything they own into that trust.

A revocable living trust can be changed at any time, prior to the death of one or both of the grantors/settlors - the person(s) who set up the trust.

A judgment creditor, looking at the recorder's office for deeds on a judgment debtor's home, might expect to see "Barney and Pam Jones". In the past, the couple owned their house as husband and wife. However, later they transferred title to "Barney and Pam Jones, Trustees of the Jones Family Trust dated April 1, 2011". This means the house was transferred to a trust, most often a living revocable trust.

A revocable living trust is not a separate legal entity, separate from the trustee. Like a DBA, this means the debtor, who has moved their assets to a revocable living trust still owns the assets in the trust.

Note that whether a trust is a separate entity or not, you cannot have legal papers served on a trust, you must serve an actual person who is a party to, or a representative of the trust.

If one or more of the settlors of a revocable trust is your judgment debtor, that can be important, especially when the settlors are married to each another.

When you are trying to recover a judgment against a debtor with a trust, you can subpoena the debtor, and with a document request, get a copy of the trust.

If you suspect the trust was set up only to prevent your judgment from being recovered, you might be able to persuade a judge to undo the transfer of assets into the trust, especially if the transfer was done without consideration.

Some sneaky judgment debtors create two trusts simultaneously, a revocable and an irrevocable trust. This can be done by simply changing the cover pages on the trusts.

These kinds of shenanigans, and most anything else done that is fraudulent (forming an irrevocable trust simply to keep assets out of reach from a creditor) has a very good chance of being unraveled, so the judgment creditor gets paid.

Should You Give Up Ownership Of Your Judgment? Responding to a Collection Agency's Interrogatories Correctly Receiving a Summons: How to Answer a Summons for Debt Properly Which Judgments Should You Take? Legal Support Services: What Can a Business Gain From an Experienced Provider? 4 Civil Summons Mistakes to Avoid

Being Sued By A Credit Card Company: Winning The Case Against You

Are you being sued by a credit card company is a challenging situation to be in but fear or intimidations should not prevent you from doing what is right, which is fight the lawsuit (unless you are prepared to pay off the principal debt amount, plus interest, penalty charges and the junk debt buyer's legal fees). Now, say, once you found out about being sued by a credit card company and you took action, what happens next?

Generally, the lawsuit will proceed with a flurry of written court requests exchanged between you and the creditor. You and your creditor will have to answer each other Interrogatories in the Discovery phase. Assuming that you did everything right once you learned you are being sued by your credit card company, represented yourself (Pro Se), familiarize yourself with local court rules and filed the necessary documents for your defense, and you won the case, what's next? If the case is dismissed WITH prejudice (which is what you should be going for), the junk debt buyer can no longer sue you for the same debt ever again. In other words, you won and they cannot hound you over the unpaid debt.

On the other hand, if your case was dismissed WITHOUT prejudice, the debt collector can re-open the case by amending certain documents and press charges you again for the same debt. In other words, you may have won the battle but not the war.

Note that any company cannot just sue someone and state per the terms of the agreement that you breached the contract or that you have unpaid debt per the terms of the agreement and not have the signed original or a copy of said agreement. If the other party presented a copy, it better have a copyright date for the years the account was opened and NOT one day before nor one day later or else it will be deemed invalid.

Always keep a lookout for updated information on what to do when being sued by a credit card company. This information just might help you win your case without even hiring an attorney! When being sued by a credit card company, getting essential information is the best tool. With the right information, it's quite possible to represent yourself in court and even have your case dismissed by the court. So go ahead, check local court rules, get advice from an attorney or purchase the right eDocument which will help you build your defense and eventually win the lawsuit.

Should You Give Up Ownership Of Your Judgment? Responding to a Collection Agency's Interrogatories Correctly Receiving a Summons: How to Answer a Summons for Debt Properly Which Judgments Should You Take? Legal Support Services: What Can a Business Gain From an Experienced Provider? 4 Civil Summons Mistakes to Avoid

Employment Discrimination Lawsuits - Advice From the Experts

The United States protects its citizens from discrimination in employment and the job application process with federal laws including the Americans with Disabilities Act, the Rehabilitation Act, the Workforce Investment Act, the Vietnam Era Veterans' Readjustment Assistance Act and the Civil Service Reform Act. Apart from the protected classes such as race, colour, religion etc., Georgia state law also prohibits discrimination based on age (40-70), disability including physical, mental, learning, or mental retardation and sex (Wage discrimination only). Public employees are also protected in the state against discrimination on the basis of national origin, race, colour, religion, age, disability or sex.

Equal Employment Opportunity Commission (EEOC) - Regulating Workplace Discrimination

The EEOC is the agency which regulates workplace discrimination in the state. You can contact the agency on their phone number 800-669-4000 or visit their website to find the field office closest to your location in Georgia. You can file the case in person at the agency office or you could even choose to email or fax your charge. Although you can file a charge against your employer without an attorney, it always helps to consult and employment lawyer before you file. There are strict time limits for employment discrimination charges to be filed and it involves paperwork as well. A legal expert will be able to make the process hassle free for you. If the EEOC does not resolve your case, you will have to move your claim to court. If you are not happy with the results after the EEOC has investigated your case, you can go ahead and file another case based upon your federal claim as well. However the case needs to be filed in a federal or state court within 90 days after you receive the notice ("Dismissal and Notice of Rights" or "Notice of Right to Sue" (Form 161)).

Seeking Legal Assistance

Since Georgia is an employment-at-will state you can terminated for no or any reason at all (as long as the reason is not discriminatory reason as protected by a federal or state anti-discrimination statute). Also Georgia does not have a general state anti-discrimination statute which covers private employees hence discrimination cases come under the federal cases.

It is always a wise decision to consult an attorney knowledgeable in employment discrimination law before you file an employment discrimination lawsuit. They will help you recover damages which typically consist of reinstatement, compensatory damages, back pay and attorney fees as well. As labor cases have complex legal regulations, you are assured success with the help of an employment discrimination attorney.

"The content on this page does not constitute legal advice. No attorney-client relationship or privilege is created by any such content."

Court Reporting Companies Equal Improved Accuracy

Unfortunately, there are instances in all of our lives in which it seems we must appear in court. These reasons, whatever they may be, can be good or bad, and often have little to do with an actual trial. But regardless of why you are there, it is important to make sure that you are receiving the best possible services that you can so that you can accomplish whatever it is that you need to. Whether you are looking for a settlement or defending a client, it is important to ensure that all of the facts are transcribed correctly. Court reporting is a very important part of any legal matter, and making sure that your case is handled correctly is crucial to the success of the case. Luckily, there are legal companies that make this aspect of legal matters easy and worry free.

By outsourcing your firm's court reporting, you do not have to worry about the accuracy of the transcription of your case. They screen the reporters for you to make sure that they are sending you the best possible aid for your case. After these employees are properly screened, they are trained to make sure that they will be able to handle the reporting of any case. This training allows these reporters to type and report everything perfectly. You will be able to spend more time building your case and fighting for your clients with an outsourced reporter than a person that you hire off the street because court reporting companies do all of the training and work for you, and their accuracy is guaranteed.

Court reporting is reliant on speed. With an outsourced reporter, your case will be reported not only with the accuracy that it needs, but also promptly. The quicker the transcribing, the quicker you will be able to use the transcription for whatever you may need to in relation to the case. Even before a trial, there are many instances that court reporting is used, and having a text of everything you could end up needing can be what makes or breaks your argument. Using the services of a court reporting company guarantees that your transcription will be ready and available when you need it because of the expertly trained reporters that they can provide for your case.

Knowing that your case or even your meetings regarding legal matters are recorded accurately and quickly is a great relief and can lift quite a burden off of your shoulders. Using a court reporting company for your legal needs can guarantee that your case is handled with both accuracy and the speed that you need and want. Outsourcing this can save you the time and energy that it takes to find an employee to do it for you, and all without sacrificing the quality and perfection that you need. Getting more done with less effort is something that we all want, and outsourcing your legal services can provide this for you for less than you might think, but with all of the benefit and quality that you demand.

Technology Can Get in the Way of Practicing Law

Litigation Support professionals assist legal teams with the technical aspects of a litigation case. Before litigation support or electronic discovery ever existed, litigators were practicing law every day for years. Back then litigation cases consisted of collecting hard-copy documents from the client as well as exchanging hard-copy documents with opposing counsel and filing hard-copy documents with the court. It was easy enough for lawyers, paralegals and legal secretaries to figure out a workflow process to handle incoming and outgoing hard-copy documents. The process did not require any expertise beyond their legal training and natural organizational instincts.

Electronic e-mail and electronic business documents eventually entered the world of business. Within a few years, this electronic data became part of litigation discovery. In addition to hard-copy documents, more and more electronic e-mail and e-docs were being collected. For a while, litigators would print the electronic files to paper, review the documents in hard-copy and then produce them in hard-copy. Those of us in litigation support would pray for the day when we could keep the electronic data in its electronic form throughout the entire discovery process.

For the most part these days, the electronic data remains in one electronic format or is converted to another electronic format throughout the discovery process. It is widely accepted by the litigators that the electronic data can be imported into a database and easily reviewed for responsiveness. The responsive electronic documents can be produced to opposing counsel in an electronic format that can be easily reviewed post-production.

When legal teams began to receive documents in electronic format and that electronic data needed to be transferred from one media to another, converted from one format to another, imported into databases and exported from databases, and produced in very specific formats with accompanying "load files" to keep all of the pieces together, the field of Litigation Support was born. The technical aspects of these requirements necessitated an addition to the legal team who could coordinate all of the technical tasks. As you can imagine, technical geeks and litigators speak different languages. These two fields of expertise collided in a big way. However, after years of working together out of necessity, the legal team of law and technology has evolved.

There is one issue though that I have seen many times over. That is when the technology seems to "over power" or "thoroughly infiltrate" a litigation case. Sometimes the focus is so heavily on the technology aspects. Other times the electronic documents are treated like they are the center of attention because they are electronic. This can happen without the legal team realizing it. It can also happen when a litigation support professional or a "techie attorney" puts too much emphasis on the technical aspects of the case and they forget that litigators' primary goal is to litigate on behalf of their clients. Clients retain attorneys to protect their interests. The discovery process can be about the documents but it doesn't have to be about the technology surrounding those documents. Sometimes "technology can get in the way of practicing law". We all need to remember that it is okay to go back to old school ways as a solution. Sometimes simple is the best solution and that's okay. It doesn't need to be more complex just because we have technology around us every day. We can't forget that the litigation process is ultimately about the practice of law and not about the technology.

Lunch? What's That?

Litigation Support is one of those careers where a simple thing like a lunch break may seem unobtainable. There are many of us that have trouble taking a lunch break on a particular day. There are others that will take the time to grab some food, but then bring it back to their desk and eat it while they continue to work. Another group will bring lunch from home with the intention of making sure that lunch is included in the day. Believe or not, they may or may not pull out the lunch and eat it.

Those that have worked with me will remember many days where I felt like I couldn't leave my desk to take a lunch break. These same team members will also remember the days where I gave someone money to pick up some lunch for me, but then the food would sit on my desk for hours uneaten. I couldn't find 15 minutes to stop and eat lunch. I felt like the work expectations were non-stop.

Most of the time, we have every intention of taking a lunch break but we keep putting it off. We tell ourselves, "just 30 more minutes and then I'll take a break". Next thing we know, it's 3:00 in the afternoon. At that point, many food establishments in the city have run out of food or are in the process of cleaning up and preparing to close at 4:00 PM.

There is another scenario where we have definite plans for a lunch break and just as we are about to leave our desk, someone walks in to our office and needs some support or the phone rings with someone on the other end of the phone who needs our help. It can be difficult to plan lunch dates with a litigation support professional. There are many cancellations and it is an understanding among those in our industry.

There is an expectation that we are always available to provide support. Some colleagues are considerate of our attempts to take a lunch break while others don't have any problem interrupting or delaying our lunch attempts. The funny thing is, even if we are successful in getting away from our desk to go get food, we are constantly monitoring e-mail from our phone to make sure incoming requests are handled in a timely fashion. Inevitably, we can have the impression that it is safe to leave the office for a lunch break and then all hell breaks loose while we are gone.

I know there are some individuals that are much better at making sure they take their lunch break. It is a mindset thing for sure. I might even admit that I am jealous of those people. Ha! The advice I would give is that anytime you have the opportunity to take a lunch break, do it!

I remember a few days here and there where I would insist that my team stop working so that we could take a lunch break together. Some of those lunches were the most fun as we sat around a table together, laughing, and forgetting about the workload for a short period of time. I think that having that short break was refreshing and got us through the rest of the busy afternoon.

Take it from me -- Treat yourself to lunch once in a while. You deserve it.

Legal Services: Bettering Your Case

Court can be a scary thing, regardless of what your relationship is to a court case. Lawyers and clients alike both find themselves with butterflies and nerves regarding the cases that they are facing, and one of these groups deals with these types of situations every day for a living. There are ways, however to ensure that your case or legal matter is handled with the utmost professional care and concern. There are a multitude of companies that are available to provide you and your case with these services that you might need. These services cover all aspects of the legal profession from simple court reporting services to more complex tasks such as depositions and document drafting.

Lawyers are available to do most of the heavy lifting and win your case, but sometimes, even the best of the best need a little help carrying the load. Each of these solutions can bring about success in your case, whatever it may be. Here are just a few detailed examples of what these companies can help bring to your case.

One of the best solutions these companies can bring to you or to a firm is through document drafting. There are hundreds of different legal documents that have to be drawn up to do all sorts of things such as marriage, divorce, etc. These documents can be time consuming to write and lay out, so outsourcing this service, or turning to one of these companies to start with can help save everyone involved time, energy and money.

Another great service that these companies can provide to clients or to lawyers is actually participating in the building of a case. Depositions and other such activities that uncover evidence that will be used to build a case can all be outsourced through some of these companies. Having an accurate record of evidence and testimony can be what wins you your case, so being able to give some of this burden to another trained professional can help keep these important pieces correct and organized.

Lastly, another important and popular use of these companies is for court reporting services. Accurate documentation is very important for the success of any type of case or pre-trial event. The documents that are created by reporters are used in cases as evidence and as a record of what has transpired over the course of the life of the case. Hiring someone to provide you with an accurate record can help you not only have a correct documentation of things that have gone on in your court events, but guarantee that you have the best chance of actually having all of the tools that you need to win your case.

The need for legal services is rarely generated from pleasant circumstances. But dealing with a company that can provide you with these services in a low stress fashion, and with a high success rate will make your experience with any case a better one. And with companies out there to provide you with the best possible help for your case, you will have a better chance of winning and making the most out of any and every legal experience.

Learn More About Bail Bonds

Bail bonds are administered by law enforcement agencies. They are given to people who are arrested. It is a method of ensuring that if the detained person is released before the judgement of their case, they will attend all the proceedings at which they are required. Usually bail bonds are determined by the courts. Once an individual is arrested, they will appear in court, before their trial or case actually begins. The purpose of this proceeding is to determine, whether the individual qualifies for a bail bond or not. There are several factors which determine, whether a person qualifies for a bail bond or not. For example, if the individual is a flight risk, meaning that the chance of them skipping bail and trying to avoid law enforcement is high, then they will not qualify and will have to remain in custody, until the conclusion of their case. Another factor that determines whether, an individual can qualify for a bail or not depends on the behaviour. If the judge feels that the accused is a risk to the public, the judge can decide not to grant bail.

Therefore, not every arrested person qualifies for it. The judge will decide on what amount to set the bail bonds to the accused. This amount will vary from one case to another. The amounts are often determined by the financial capabilities of the individual, as well as their flight risk, and many other factors. This amount is at the sole discretion of the judge. The prosecutor is able to argue against the judge only in granting the accused a bail bond. If the prosecutor provides sufficient reasons, the judge can decide to grant the prosecutor's motion. If, for whatever reason, the person cannot pay the amount, they can take the help of others. They can borrow the funds from private individuals, or they can borrow the funds from insurance companies or bail bonds agents. However, if they borrow from an insurance company or agent, they will have to pay a commission or fee on the bond, as well as pay it back. The bail bonds agents or insurance companies, or whoever else makes the payment for the bond, is then doing it on behalf of the individual. This means that they can also be held accountable by the law for the actions of the individual.

If the individual receives a bail bond, they will give back the full amount at the conclusion of their case, if they have sufficiently met all the conditions and requirements of the bond. This brings us to the next point. They come with certain conditions and requirements that are also set by the judge. For example, the individual may have to report themselves to a certain police station once a week. Or, they may not be allowed to travel and will have their travel documents confiscated. They may also have their firearms confiscated, if they have any. There are several other conditions and requirements. These are all determined case by case, based on the judgement of the judge. They are provided to people, who have been accused of contravening any area of the law. For example, there are special bonds called immigration bail bonds. This works exactly like the general kind of bail bonds, except that they apply only to people, who are suspected of being illegal aliens in a country. They will also be released from detention, once they have posted bail until their case has been concluded.

Writ Of Execution

I am a Judgment Broker, and am not a lawyer. My articles are my opinions, and not legal advice. If you ever need any legal advice or a strategy to use, please contact a lawyer.

An execution of a judgment is the process that begins when a judgment owner hires an official officer of the court (usually the Sheriff) to take possession of property belonging to the judgment debtor, with the purpose and goal of selling it to satisfy the judgment against the debtor. Judgment execution rules may vary by state and jurisdiction.

Judgment executions usually have four steps:

1) The judgment creditor learns about an available asset of their judgment debtor, and where it is located.

2) The judgment creditor buys a writ of execution (called a FiFa in some states) from the court.

3) The judgment creditor contacts the Sheriff to learn the required paperwork, costs, and procedures; to levy the judgment debtor's property. The judgment creditor delivers the court writ, fees, and required documents, and possibly a letter of instruction; to the Sheriff (or other official officer, perhaps a Marshall or Constable). The court can explain how it works where one lives.

4A) If the judgment debtor's property is money, from wages or bank accounts (where state laws allow), the Sheriff attempts a levy (called a garnishment in some states), and if it is successful, eventually pays the judgment creditor; sometimes deducting a small fee for each check issued.

4B) If the judgment debtor's property is a physical asset, for example, a vehicle, real estate, a coin collection, a flat-screen TV, a pet, or many other kinds of non-money assets; the Sheriff charges a hefty fee to the judgment creditor, then levies the debtor's asset, and schedules it for sale at a Sheriff auction at a future date.

After the Sheriff is paid their fees, and has the time, they will take the judgment debtor's asset, with the intention of selling it at an auction. If the auction successfully proceeds, the Sheriff deducts the auction costs, and whatever money remains, they pay to the judgment creditor, to help satisfy the judgment.

Of course, nothing is guaranteed. After the judgment creditor pays the Sheriff and provides the writ and the correct paperwork, with instructions that identify what assets are to be executed; the Sheriff will try to levy the assets.

If the debtor's asset is locked up or hidden, usually the Sheriff will not levy it, and the creditor will need to try to get a court order, for the Sheriff to (e.g.) hire a locksmith to pick the lock, or a "break in order", to enter a property to levy a judgment debtor's physical asset.

If the Sheriff is able to levy the debtor's asset, anything can happen. If the judgment debtor does not want to lose the property scheduled to be auctioned, they have the right to pay the judgment debt and associated costs before the sale takes place. If they pay off the judgment, they get their property back.

Sometimes the judgment debtor files for bankruptcy protection which stops the Sheriff sale and all other collection actions. Sometimes they claim an exemption which reduces or eliminates the amount available to the creditor. Sometimes there is a preexisting lien or loan on the asset, which must be paid off before the judgment creditor gets paid. These things (or something else) can happen, at any time between when the Sheriff arrives to levy the asset, and after the date of the auction sale. If nothing happens to stop it, the Sheriff schedules the sale, and advertises the event for anyone who wants to attend the auction. If the auction sale is completed successfully, the judgment creditor is paid, minus some expenses and fees.

If the judgment debtor's levied property does not sell at the auction, their asset reverts back to them, and the judgment creditor is out whatever they paid to the court and Sheriff. For that reason, it makes sense for a judgment creditor to attend the sheriff auction sale, and credit bid on the debtor's asset (satisfy the judgment to the extent of the creditor's winning bid) to get ownership of the judgment debtor's asset, if nobody else bids on it.

Should You Give Up Ownership Of Your Judgment? Responding to a Collection Agency's Interrogatories Correctly Receiving a Summons: How to Answer a Summons for Debt Properly Which Judgments Should You Take? Legal Support Services: What Can a Business Gain From an Experienced Provider?

How to Fight a Credit Card Lawsuit: Request to Admit Facts Collection Lawsuit

Learning how to fight a credit card lawsuit starts with arming yourself with as much information as you can particularly when the plaintiff will file a Request to Admit facts. Remember, just like creating your Answer, you are only given by the court a limited time to answer any questions from the plaintiff and if you did not answer on time, you could lose your case.

If you want to learn how to fight a credit card lawsuit, it is important to note that Interrogatories and Request for Documents are critical during the Discovery phase of the lawsuit. As far as defending yourself goes, the Request to Admit Facts is the most important part of the Discovery phase which is why it is imperative that you answer on time.

What makes this phase intimidating to debtors who do not know how to fight a credit card lawsuit is that junk debt buyers and collection agencies will go all out in this phase. They will conveniently leave the fact that you have only limited time during Discovery and use your state's court rules to bring a favorable decision to them.

To learn how much time you have to file all necessary documents during the Discovery phase, it is best to review your court rules. Check the Discovery or Request for Admission page. Usually the defendant and the plaintiff are given thirty (30) days to Answer the Request to Admit Facts otherwise, they will be deemed admitted (which your plaintiff is counting on when it's your turn). The plaintiff is hoping you don't know how to fight a credit card lawsuit and you are not aware of your state's local court rules allowable period to answer the allegations.

If you failed to answer on time, your creditor will quickly file a Motion to Deem Admissions! So better get crackin' and file the documents on time! If you leave out any question, it will be deemed admitted. If you check the questions that your plaintiff arranged for you, you will see that they are making you admit that you own the debt, you own the credit card account, you admit that you made payments and you agreed to sign anything that pertains to the debt so be careful when answering these questions.

Consequently, your creditor also has a limited time to answer your Request to Admit Facts. As soon as you mail your request, the clock starts ticking. If your creditor failed to answer on time, you can file a Motion to Deem Admissions.

So if you do not know how to fight a credit card lawsuit, the answer is obvious, find answers! Check the local court rules and look for any helpful information online. Consult a debt attorney and learn what strategies will work best for your own case. Most importantly, do not ignore the summons! Answering the summons on time is probably the best way to assert that you are well-aware of your rights and you are not afraid to fight creditors off in court.

Thursday, December 6, 2012

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