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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
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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
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Online Defamation

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
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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
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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
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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
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Understanding Lemon Laws

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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