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Oct 2, 2008
How do Collection Agency claims work?
As you are aware, defaults on credit card accounts are at an all time
high. The number of delinquent or defaulted credit accounts continues
to rise at an alarming rate. This makes collection of delinquent debt a
big business.
What often happens after a default is that the original creditor makes
a few attempts to collect. This may come in the form of a letter or
two, and a phone call or two. If the account is not satisfied at that
time, it is turned over to collections. Most likely, the account is
sold for a fraction of the amount allegedly due and owing, often times
mere pennies on the dollar.
The first collection agency works the case vigorously, but mostly only
for a very short time. If they cannot collect on the account, they
often sell the account to a second collection agency for even fewer
pennies on the dollar, sometimes even less. The second collection
agency is often the agency that engages in illegal debt collection
practices. This can come in the form of harassing letters or phone
calls to your home, employer or relatives. If payment is not made, the
collection agency either sells your account again or files a lawsuit
against you.
The sale of your account is actually beneficial to you. What often
happens in these situations is that only limited information is sold,
rather than the entire account. To put it another way, the collection
agency that is allegedly acquiring your account is not acquiring
everything that it needs. Often times, the only information that is
transferred is your name, address, account number, balance due and
owing and a statement or two. This is simply not enough information to
form the basis of a lawsuit against you.
These lawsuits are generally very easy to defend. I call them Kmart
lawsuits, because it looks like the agency simply went to Kmart and
ordered a sample lawsuit to file against you.
When filing its lawsuit against you, the collection agency is hoping
that you will not respond. If a lawsuit is filed and you fail to
respond in writing to the court, the agency will obtain what is called
a default judgment against you. This default judgment terminates your
right to be heard by a judge and grants victory to the collection
agency with little effort on their part. If you have a lawsuit filed
against you by a collection agency, you MUST file a timely written
response to it.
The best advice that I can give to someone who is facing a delinquent
credit card account lawsuit is to consult an experienced consumer
attorney in his/her area and be sure to respond. Consumer attorneys
have tremendous success in defending collection agency lawsuits.
Posted at 10:44 pm by mike2k8
Permalink
Sep 28, 2008
Where to Find Reasonable Home Insurance Rates
The first thing to keep in mind is that lately, with all the
hurricanes, there are a lot of major insurance companies who have
stopped writing policies in Tampa (and other places). This of course
drives the rates right up.
This means the insurance market shrinks in places like Lutz and
Wesley's Chapel and it gets harder for homeowners to find reasonable
rates. So the way to be proactive in keeping your rates down is to do
some website comparisons.
This doesn't mean buy insurance online, just that you have the chance
to compare what various companies offer. For instance, some companies
have toll free numbers for you to talk to an agent (for free) and get
all your questions answered.
If you want to save enough on insurance premiums to make a difference
in the long-term, then kick up the deductible on your policy. The
savings you get will make up the increased deductible. Just ask the
agent you talk to in Lutz about getting a higher deductible.
Think smart and consolidate insurance. In other words buy all your
insurance at the same company you choose in Wesley's Chapel. That move
alone may save you anywhere from 10% to 30% on insurance costs.
Have all the burglar bells and whistles on your home to make it more
secure. For instance smoke detectors, fire extinguishers, deadbolts
etc. This will pay off in a tidy discount on your homeowner's
insurance.
Here's one other thing that not a lot of people think about. Only
insure your personal possessions and your home, not your land in Tampa
or Lutz. And last, but not least, ask right up front is there are any
discounts going. If you speak to an agent in Wesley's Chapel, s/he'll
be able to let you know what discounts would apply in your
circumstances.
Usually there are good discounts and they may apply to seniors, those
in police work or the military or non-smokers. There are other
discounts, so just ask about them, and make sure to deal with a local
insurance agent who knows the area and knows the market. This makes
sure you get the good deals.
Posted at 08:22 pm by mike2k8
Permalink
Online defamation is a growing problem on the Internet. With the rapid
growth on online blodgers, web sites, social networking sites and
anonymous email accounts. The cases of online defamation or Internet
defamation will only continue to grow.
The definition of online defamation is false accusations against an
individual or entity made online with malicious intent. Online
defamation attempts to attack the character of someone by presenting
false statements as fact. Online defamation is also called Internet
defamation.
If you are the victim of online defamation you already know the
definition because you are experiencing it first hand. Actually in the
trenches you might say.
Your exposure to this defamation has probably caused you much grief,
upset and emotional angst. It may also have damaged your professional
reputation and cost you business or employment.
You probably have recourse to recover these damages in court and should
consult with an attorney in your town to see if you can file a suit. Be
sure to choose a lawyer that has experience with Internet defamation
law that can advise you effectively.
One major problem you may already have experienced is identifying the
person that has targeted you for online defamation. Many of these
people will operate in the shadows of the Internet. They use anonymous
email accounts, proxy servers and re mailers in an attempt to conceal
their true identity. You should consult with an investigator that is
experienced with tracking down and identifying people on the Internet.
Whatever you do you cannot just ignore it and hope it will go away.
Many times these cases will escalate. It may go from online defamation
to full blown stalking and harassment.
Posted at 11:16 am by mike2k8
Permalink
Sep 27, 2008
The Right to See Your Medical Records
You do have a right to see your medical records, but be aware that you may not always get them when you ask.
If you're thinking about suing your doctor for medical malpractice the
first step is to get your medical records. They're important evidence.
Remember one thing, medical malpractice (also called medmal) has a
saying "If it isn't charted, it didn't happen." This emphasizes how
vital accurate records are in a medmal lawsuit.
You'd think it would be easy to get your medical records, after all,
they are your records right? All you have to do is ask for them and
they will be handed over. Unfortunately, that isn't about to happen any
time soon. You do have the right under a federal law called Health
Insurance Portability and Accountability Act (HIPAA) to see, copy and
make changes to your records. This same act also protects your privacy.
Health care providers are bound to follow HIPAA and that means you
usually have the right to copy your records or look at them. This must
be done within 30 days of your request in writing. Expect to pay for
the copying in Georgia.
You may make corrections to you medical records and ask to have
incorrect information changed or have missing information added. You
may be denied, and if so, you have the right to add a note to your file
stating why you requested the changes etc.
If you're denied your rights under HIPAA, then you may file a complaint
in Georgia with the Composite Board of Medical Examiners and the
Georgia Department of Human Resources.
The major problem for you will be the fact that the doctor and the
hospital will know before you do that they goofed up. It's likely
charted in the file. It's not something they really want to be sharing
with you if they think they are about to face a lawsuit. Ultimately
that may mean lost, misfiled or wrecked records that make a medmal
lawsuit more difficult to litigate.
In some cases you won't get the records unless pressure is applied. The
best thing you can do to speed things up is to speak to a competent
attorney with extensive experience in this area of law. They will issue
a demand for your medical records on their letterhead.
Speaking of speeding things up. Time is of the essence in medmal
lawsuits, as statutes of limitations may prevent you being able to file
a claim if you wait too long. Speak to a lawyer and find out what your
legal rights are, when the statute of limitations kicks in and how to
proceed with your claim.
Even if you do succeed in getting your medical records, give them to
the attorney you have selected. They have certified nurses on staff
etc. that can quickly organize a file and figure out what information
is missing.
Just because you may have information missing in your file, doesn't
mean you don't have an actionable cause. This is why talking to an
experienced lawyer may make the difference between winning and losing.
Posted at 09:38 pm by mike2k8
Permalink
How Does the Breathalyzer Work? Is it Ever Wrong?
When you are stopped on suspicion of driving under the influence of
alcohol (DUI) in Arizona, you probably will be asked to submit to a
breath analysis test. Understanding this test is central if you are
going to determine whether or not to take it. Defying to submit to the
examination can be used against you in court in many states, so make
sure you understand how it is used.
First, in order to interpret the breath analysis examination, you must
first understand how the body reacts to alcohol. Alcohol gets in the
blood flow promptly because it does so through the walls of the
stomach, rather than needing to journey through the whole digestive
system. Bodily fluids thin out the level of the alcohol in the blood,
and some is got rid of through the liver. Whatever is left in the blood
is egested through perspiration, urine, and the breath of the loaded
individual. The breath analysis test is done in an attempt to measure
the BAC of the person through his or her breath.
The breath analysis is concluded using a machine known as a
Breathalyzer. This machine is easy to use. You merely respire into the
Breathalyzer, and it will show the police officer your BAC. These
results are not flawless, but they are an indicant of whether or not
you are driving with a BAC that is above the lawful limit in your
state. If you flunk the test, you will be brought in for further
testing, including a possible blood or urine BAC test.
Numerous states, including Arizona allow for the breath analysis screen
to be used against you in court if you are charged with DUI.
Nevertheless, if you are engaged with an lawyer, your attorney may be
able to prove that your test outcomes were wrong. Many factors can
falsify the final results of the Breathalyzer examination, so if your
test results were extremely high, or if you felt they were faulty, look
at working with an lawyer when you head to court.
The Breathalyzer is an fundamental tool to police officers who actively
seek for drunk drivers. It hands them yet another simple way to see
whether or not an person is driving with too much alcohol in his or her
system. Before you decide to sit behind the wheel of a car after having
a few too many drinks, recollect that the police officer who catches
you will have a fast and easy way to decide if you are intoxicated, and
drunk driving carries swift and heavy consequences, regardless which
state you are calling home.
Posted at 01:57 pm by mike2k8
Permalink
How To Hire A Divorce Lawyer
Getting a permanent separation can be emotionally draining on both partners. Even when the couple is splitting amicably, the number of decisions to be made about assets, child custody, spousal support, and other factors can be exhausting. When there is a dispute, or the partners are otherwise unable to negotiate in a mutually agreeable manner, a divorce lawyer is necessary. Their experience, guidance, and unbiased legal representation can smooth the negotiation process while ensuring their clients' respective needs are addressed. Not all legal experts are equally equipped to handle this type of case. Finding and hiring a family law expert who can protect your rights can be challenging. Below, we'll explain the value they add to the process. Then, we'll describe the factors that you should consider most important when retaining a lawyer's services. The Value Of A Divorce Lawyer Legal experts in family law can offer years of experience in helping to settle the affairs of couples during the dissolution of their marriage. This includes negotiating the division of assets and property. Often, these details can be complicated due to the nature of the assets. For example, the sale of a residence may result in significant capital gains taxes. Similarly, when pensions and other retirement accounts must be divided, capital gains or losses may result. Many circumstances benefit from the advice of an attorney. A family law expert can also help negotiate the details surrounding child custody and visitation rights. They can address issues regarding the provision of support from one spouse to the other. In short, having proper legal advice is essential. Look For Experience A legal expert who specializes in handling divorce cases will be more effective than an attorney who doesn't. Their experience is valuable for a few reasons. First, they'll have a familiarity with local judges. Second, an experienced attorney will know the best way to work with a mediator. Also, keep in mind that many law professionals who negotiate settlements have deeper specializations. For example, they may handle a large number of cases that involve complex child custody issues or they may have experience with couples who own a family business. The more significant the experience, the more value divorce lawyers can offer clients. Access And Communication Some family law experts are very communicative, returning phone calls and emails in a timely manner. Others are less so. There may be times when you have a question for your attorney that requires a prompt response or you may be unsatisfied with your lawyer's performance and want to schedule a meeting to discuss it. In each case, working with an legal expert who is unresponsive can turn a situation that is already stressful into a horrible experience. During the initial consultation with a divorce lawyer ask about the level of access you'll have. Inquire about the communication process so you'll know what to expect in the future. Do You Truly Need An Attorney? It's not always necessary to hire a legal professional for this type of case. If there are no children, few assets, and little to no property, couples may be able to reach a settlement on their own. There are also cases in which the spouses can effectively negotiate the division of assets, jointly held property, and child custody issues without a mediator or divorce lawyers. That being said, such cases are rare as even amicable spouses can become emotionally involved when a marriage ends. In the end, every divorce case is unique. You should decide whether you need an attorney to help negotiate a settlement based upon the complexity of your individual circumstances.
Posted at 01:55 pm by mike2k8
Permalink
The roots of the lemon law began in 1979. It was started by a woman
from Lemon Grove, California. After three months of waiting for her car
to be repaired, she got tired of it, so she picketed the dealership for
five months, enduring verbal abuse from the mechanics and finally got
the attention of consumers, which started a citizen's movement and
resulted in lemon laws being enacted.
Every state now has a lemon law of some form or another and has since
1993. This law varies from state to state but basically, if you
purchase a new vehicle, it must meet certain standards. The federal
lemon law is called the Magnuson-Moss Warranty Act and protects
citizens of all states from buying defective vehicles. Most states
allow four attempts to fix a substantial problem and two attempts to
fix a safety problem before providing a refund or replacement. Also, if
the vehicle is out of service for thirty days or more it is considered
a lemon. The federal lemon laws cover mechanical defects and perhaps
attorney fees too, but this may not hold true in all states.
If you have purchased a used vehicle different laws apply, if the
manufacturer warranty is still in effect then you will still be
qualified for compensation under the lemon law. If there is no warranty
on your used vehicle, you may still be able to collect compensation
from consumer protection laws. You must keep good records if you are
going to seek compensation under the lemon law. Keep records of your
warranties and any repairs done to your vehicle. If you don't have the
documentation, you will not be able to get compensation.
Laws vary from state to state. If you think you have a lemon, look up
the laws in your state. You may need to consult a lawyer in some
states. You may be able to seek other compensation such as attorney
fees. There are many sites on the internet to look up the laws in your
state.
Purchasing a vehicle "as is" does not exempt the seller from the lemon
law. Lemon laws also apply to RV's, boats, motorcycles, wheelchairs,
and computers.
If you have bought a vehicle that is broke down more than it is on the
road, do something about it. Get informed and take the proper steps to
get your money back or the vehicle replaced.
Posted at 01:51 pm by mike2k8
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