How An Unfair Dismissal Lawyer Can Help You Make A Claim

If you believe that you have been unfairly let go or fired from your position (due to discrimination, bullying or blatant lies), you are able to make a claim against your employer through the employment tribunal. At the tribunal, your case will be heard by a panel of three people, each with backgrounds that allow them to make a fair and unbiased decision (such as being a trade unionist, an employer, or a qualified barrister). As the law surrounding employment can be highly complex, you have a better chance of winning if you have an unfair dismissal lawyer on your side.

With the help of your lawyer, you will need to show the tribunal that your unfair dismissal claim is valid. You will need to do this by:

Showing that you were dismissed for an unfair reason, such as being pregnant or belonging to a trade union.

OR

Showing that your employer did not follow a fair process in deciding your dismissal or they did not have reasonable cause for it.

In order to adequately prove this to the tribunal, your lawyer will need evidence that supports your case. This could be in the form of emails or even witness statements that have been provided by your colleagues. Your employer may present evidence to suggest that your dismissal was fair, but you will given the chance to challenge this.

The main reason that an unfair dismissal lawyer is so valuable during the tribunal process is that the rules surrounding the way that the hearing is held and what evidence can and cannot be admitted are very complex. Whilst you may not understand how this works at all, your lawyer will be able to explain to you why certain things are permissible and others aren't.

If you are successful in your claim for unfair dismissal, the tribunal will then award you compensation. Your lawyer may be involved in this process by providing evidence of any hardships you have suffered as the result of loss of your employment. There are two types of compensation that you may be awarded - basic (which is given as a reflection that your rights have been breached, regardless of whether you suffered hardships or not) and compensatory (which is given as a reflection of the hardships that your lawyer may have outlined).

As it is unlikely that you will have the required understanding and knowledge to make a claim with the employment tribunal on your own, it is always recommended that you garner the assistance of an experienced unfair dismissal lawyer. They will represent you at the tribunal by speaking on your behalf and presenting your case in the best way possible.

Your Judgment Debtor   Filing Bankruptcy and the Automatic Stay   Multiple Judgment Debtors   Automobile Appraisal Expert Witnesses For Litigation   Judgment Debtor Exemptions And Timelines   

Consider a Career As a Bail Bond Agent

You may not be aware that one division of law enforcement is bail bonds, and so bail bond agents work for law enforcement. Bail bond agents work as recovery agents. Their primary role is to find people who have not met the conditions of their bail bonds, or who have jumped bail. Therefore, as you can see, there are strict rules regarding who can become a bail bond agent. You have to inform them of any crimes that you have been found guilt of, including those committed as a minor. Once a person has been approved to become a bail bond agent, they will be working under law enforcement. Bail bond agents can carry firearms, but this requires a different and separate application process and license. The most important thing that anyone can submit towards their personal records is their fingerprints. This will determine, whether you have ever been found guilty of a crime in the United States, or whether there are any criminal or civil cases pending against you. They do this verification exercise using a computer check in police record offices.

In order to qualify to be a bail bond agent, you have to be at least 21 years old, or older. This is the minimum age in this profession and they should be an American citizen to work as a bail bondsman in the country. You also must have a minimum three years of experience having worked with another bail bond agent, before you become a licensed bail bondsman. To prove your age to the necessary authorities, you can use a state or military ID. You can use any official documents to prove your age and nationality. You have to submit this identification document together with your application form when you apply. The government office will do a check on your fingerprints to find, if you have any criminal records in your past, or if you have any that are currently pending. Then you have to pay a fee of around $500 to $700. This fee is not refunded to you, whether you get the license or not. This fee amount varies from one state to another.

The government office will then make sure that you currently do not have any litigation or warrants out for your arrest. These can be criminal or civil. Even civil pending cases will instantly disqualify you from receiving a license to operate as a bail bondsman. You have to inform them of every crime that you have ever committed, even small ones, even those you committed while you were a minor. But, you do not have to inform them of small misdemeanors such as parking tickets. You should have almost a nonexistent criminal record, in order to qualify as a licensed bail bondsman. This is because you will effectively become a member of law enforcement. You have to submit all the necessary documents with your application. You should also include a copy of an official identification, GED and any proof that you have an experience in working with bail bond agents before. You should also pay the fee, when you submit your application. You will be informed of their decision regarding your application within a month. If everything is in order and your application has been accepted, you will then have to take an exam. The examination will be conducted at the Department of Revenue offices. If you pass the exam, you simply have to wait to receive your license.

Your Judgment Debtor   Filing Bankruptcy and the Automatic Stay   Multiple Judgment Debtors   When Should You Contact a Litigation Lawyer?   

What Are the Powers of Police to Search Cars?

It has traditionally been thought to be true that the police require a warrant in order to search an automobile. However, in light of recent caselaw this is becoming increasingly difficult to maintain as a proposition. in out is to be the position according to the highest court in the land that the police have a range of powers and rights to be able to search automobiles without a search warrant. In many cases it will be sufficient if the police arrest a suspect and then conduct a search of the associated vehicle for contraband or for evidence of a crime for which the person is under arrest. This position is at odds with what is, expected of the rights of privacy in relation to ordinary people's expectations.

The Supreme Court recognises three distinct doctrines is committing to the power of police to search automobiles without warrants. First, a warrant has not been required so long as there is probable cause to believe that the vehicle contained contraband or evidence of a crime. This automobile exception has been greatly expanded since the early cases. For example, the court has held recently that a mobile phone capable of travelling on a highway was included within the exception and courts have also held recently that the police may use the exception to search the personal belongings of passengers but not the passengers themselves.

Second, the court has held in other recent cases that the police are allowed to automatically search an automobiles passenger compartment without a warrant after arresting an occupant of the vehicle because a criminal may hide contraband weapons in the vehicle before the arrest. The court has also held that the policemen arrest motorists for even P traffic violations, the police now have an incentive to arrest minor traffic violators in order to perform what is called a built-in search of their automobiles.

So-called inventory searches are the third doctrine in relation to police performing warrantless automobile searches. The court has held in regards to this doctrine that the police may thoroughly search vehicles that have been lawfully impounded for any reason. The court explained that such image researchers are justified to protect the owner from misappropriation and to protect the police from false claims of theft and to prevent dangerous items from being stored on police property. Taken together, the expansion of all of these exceptions have largely eliminated the expectation of privacy that American motorists may once have had in relation to the automobile.

Your Judgment Debtor   Filing Bankruptcy and the Automatic Stay   Multiple Judgment Debtors   Should You Outsource Your Judgments?   

Judgment Documents

I am not a lawyer, I am the nation's only Judgment Broker. This article is my opinion, and not legal advice. If you ever need any legal advice or a strategy to use, please contact a lawyer.

Judgment recovery is a very paperwork-intensive process, with many court and Sheriff-related legal documents required. Even though the documents, and how to fill them out can be confusing, you must take the time to learn how to fill them out correctly. You do not want to have a judge, or clerk of court reject a vital document at the worst possible time, allowing your judgment debtor to (e.g.) close their bank account to avoid your levy.

If your court requires particular paperwork, you must use the court's approved forms and formats. When you need a court or legal form, first check if the form is available from the court itself. Many times, the form you need will be found on the court's official website. If not, your local law library will have court-approved forms that you can copy.

If you are filling out a post-judgment court document or form for the first time, it is good idea to first find a successfully filed example, of the exact, or a similar document, in the case files at the same court house.

When you need to create any type of motion, or a response to one, find an example of a motion that has already been completed in a court case file, or at a law library. By starting with an example that previously worked in that court, you will save lots of time and hassle.

You can use the example you find as a template for what you need. Do not blindly copy the examples you find. Make sure to delete what does not apply, add what is required, and change what should be changed.

While some courts are not very picky about the documents prepared by average citizens, other courts have strict rules about what documents they will accept, and how they should look. You will need to hire a lawyer, find an example; or hire someone who works in a law office or a paralegal, to help you type up your motions or other documents.

Some (mostly those who sell them) acclaim the wonders of pre-paid legal services, and say they can proofread court documents for you. I have found pre-paid legal services to be way too limited, to be of any real help to someone recovering a judgment. Good luck in recovering your judgment, and remember a smile can help make things happen, even at a court clerk window.

Your Judgment Debtor   Filing Bankruptcy and the Automatic Stay   Multiple Judgment Debtors   Legal Placement Services: The Difference Between Court Reporters and Paralegals   Common Types of Bail Bonds   

How Legal Support Services Have Evolved in Recent Years

The stereotypical image of a court reporter usually involves someone clicking away on a typewriter as the lawyers involved in a deposition state their case. Yet, modern technological advancements have also led to improved methods in this field. These developments relate to not only how notes are collected, but also to how they are delivered. When evaluating legal support services, it is best to seek out companies that offer a wide variety of cutting-edge options. In order to understand how far these offerings have come, a look at recent history will be helpful.

Court reporting involves the individuals employed to transcribe recorded or spoken words into a written form. Acquiring a written record is necessary in trial situations where a judge needs to determine whether a previous case was handled correctly. In effect, it is a safeguard to make sure that the constitutional right to due process of law is provided. Court reporting actually contains two components: recording and transcription. Recording is the act of capturing the words as they are spoken, while transcription is the act of putting those words into a written form. As mentioned earlier, the technological advances in recent years have led to new methods of recording and transcribing the words that are spoken in legal settings.

There are several methods of recording that professionals use today, including:

Electronic Reporting Professionals capture spoken words using sophisticated recording devices, and the individual writes down who is speaking, and monitors equipment for quality assurance.

Voice Writing The court reporter speaks into a voice silencer, which is a microphone contained in a mask, and his or her voice is not heard by others in the room.

Interactive Real-Time Reporting The individual will type quotes from the conversation as they are said, and they will be uploaded in real-time to a database that can be accessed by attorneys.

Videography This professional will be in charge of operating and managing several cameras, which will record the legal proceedings. Some firms even configure the cameras for live Internet streaming.

Typically, transcription will involve listening to, or reading the notes taken in a deposition, or watching the video of the proceedings, depending on how the notes were collected. They, or an assistant, will then produce a written, notarized record. Yet technological changes have also affected the types of legal support services available for transcription, such as:

Instant Rough Draft To expedite proceedings, some firms will be able to provide an instant rough draft, so that attorneys will be able to get to work before receiving the certified transcript.

Video/Text Synchronization Court reporters that capture video footage of the proceedings might add closed captioning to the video, so that attorneys will be able to pick up on people and moments that are difficult to hear without rewinding the footage or consulting their notes.

The offerings detailed in this article are just some of the many ways modern legal support firms are using new technology to provide better services. To get the most out of a contracted court reporter, seek out one that works for a company that offers innovative ways of capturing and transcribing dialogue.

Your Judgment Debtor   Filing Bankruptcy and the Automatic Stay   Multiple Judgment Debtors   Judgment Debtor Exemptions And Timelines   

Debt Claim Guide: Being Sued By Credit Card Company?

Being sued by credit card company can be a nerve wracking situation that no one wants to be in. However, millions of Americans are embroiled in debt claims and are hounded by creditors, debt collection agencies, or junk debt buyers every day. If you are being sued by credit card company, the important thing to do is to stop panicking, read the summons and create your Answer to the complaint.

In most cases, something as simple as filing an Answer is enough for junk debt buyers to scurry away and move on to less informed debtors. On the other hand, if the case moved on and you find yourself being asked, in writing, by the plaintiff to send Interrogatories or Answer under oath, you need to make sure that all interrogatories are signed and notarized.

When being sued by credit card company, the debt collector's legal representative will try to pin the debt to you by asking trick questions. They will try to ask one question and then rephrase the same question to get you to answer differently. Once false move and they will nail you with it.

Being sued by credit card company is hard enough, the interrogatories are even more difficult and intimidating especially if the plaintiff will start inquiring about your employment details or your bank account information. When you are asked about your employment or bank details, you need to choose your words wisely, as the plaintiff is setting you up to get as much information about your bank account and employment details to make it easier for them to find your account, freeze your savings or garnish your wages!

Note that when filing the Interrogatories, do note that the court will only give a limited time to answer them. In most cases, debtors are allowed 30 days to answer Interrogatories but to be on the safe side, you need to review your state's local court rules.

Discovery is just some of the many processes you should not ignore when you are being sued by credit card company. In addition, admissions that are not answered will be deemed admitted by the court and they can cause you to lose your case.

Being sued by credit card company? Your chances of winning the lawsuit is great as long as you make an effort to learn everything you need to know about answering a summons and handling all debt claims.

Your Judgment Debtor   Filing Bankruptcy and the Automatic Stay   Multiple Judgment Debtors   Tips for Selecting the Best Legal Staffing Agency   How A Wireless Expert Witness Can Help You   Automobile Appraisal Expert Witnesses For Litigation   

Bankruptcy And Settlements

I am not a lawyer, I am the nation's only 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.

Settling a judgment means that a judgment debtor and the judgment owner reach a compromise to satisfy their judgment for an amount that is less than the full (often theoretical) amount owed.

The advantages for the creditor are that they save time, money, and hassles; because conventional judgment recovery is not easy or cheap. The advantages for the judgment debtor are that they save hassles and money, because they get the judgment against them satisfied quickly, by paying much less than the total amount owed.

Settlements between judgment owners and debtors can happen anytime, however it usually takes a long time. In the beginning, the debtor often thinks they will never have to repay the judgment, and the creditor thinks their judgment is guaranteed and will be easy to recover in full. Settlements are almost always between those two boundaries.

Sometimes differences are settled, before a cause of action is brought to court. Some settlements are reached while legal proceedings are progressing in court. Other settlements are reached after the judgment is final.

Settling judgments is a good idea, because most judgments are never recovered. Getting 50% of what is owed is a lot better than getting 100% of nothing. Settling can be the easiest way to recover a judgment.

It does not matter who starts a settlement discussion, what matters is that both sides are honest and quickly follow up on their obligations. The debtor pays the creditor, the creditor then satisfies the judgment. With any negotiation, there is a chance that with some give and take, both parties can find a way to reach a settlement agreement that is a win-win.

Many times, settlements are impossible because either debtors are merely trying to trick the creditor, or the creditor refuses to understand that judgments are not cash (and will not compromise), or that the debtor is not willing or able to pay enough to make a reasonable settlement offer.

Post-judgment, there seems to be no such thing as a Judicial Council judgment settlement form. Most settlements are crafted by attorneys for each unique settlement situation. The terms and conditions of settlement agreements are hammered out among the parties or their representatives. The success of any settlement negotiation hinges on both parties believing that settlement is best for them both.

Most settlement agreements are long and complex, however they do not need to be. No matter how solid a contact is, it is only as strong as the weaker of the two sides signing it. After all, most of the time, the judgment debtor cheated the creditor in some way, which was the cause of the lawsuit and/or judgment.

Settlements are contracts that usually mean very little, until the payment transaction is successfully completed. If the creditor defaults on their contractual obligation, it will be easy for the judgment debtor to sue them and get a new judgment against the creditor.

If the judgment debtor defaults, the creditor gets burned, because they do not get paid, and because their good-faith agreed settlement amount may (debatably) become the new amount the creditor could claim as being owed in the future, especially in a bankruptcy or appeals court. Some settlement agreements include provisions stating that if the judgment debtor defaults or files for bankruptcy protection, the original amount still stands, and will be enforceable.

Sneaky judgment debtors often agree to settle, and sign a settlement agreement, however they do not actually pay the creditor. Creditors should never satisfy a judgment until the funds clear. It is usually a good idea to meet your judgment debtor at their bank, and watch them get the cashier's check to pay you.

To fulfill a judgment settlement agreement, the debtor must pay the creditor, not pull any tricks, and not go bankrupt soon after paying the creditor. The creditor must satisfy the judgment after payment is secured.

What if the judgment creditor gets paid, cashes the check, waits until it clears, satisfies the judgment; and then the debtor files for bankruptcy protection? The "Achilles' heel" of a settlement agreement occurs when the debtor pays the creditor, and then files for bankruptcy protection. The typical bankruptcy look back period is within 90 days after the creditor gets paid.

Making settlement agreements bankruptcy-resistant is beyond the scope of this article. Consult with a lawyer, and search on the web for "How to Bankruptcy-Proof Your Litigation Settlement Jerrold S. Kulback".

Your Judgment Debtor   Filing Bankruptcy and the Automatic Stay   Multiple Judgment Debtors   Automobile Appraisal Expert Witnesses For Litigation   

Common Legal Support Services: Questions and Answers

No trial or deposition can be completed without the use of court reporters. Over the years, the development of new technology has drastically changed the way that these professionals complete their job. Whether you are a law firm, an insurance company, or a corporation, you will be looking for a firm that provides local, responsive legal support services for your next case or deposition. If you are not up to date on modern offerings, you will have some questions, and this article should address them.

Historically, what has a court reporter done?

Traditionally, these professionals served as a stenographer at hearings or depositions, taking note of all verbal exchanges in a process called recording, then converting the record into a written form in a process called transcription. While earlier court reporters used typewriters or stenograph machines, today they have many additional options for recording verbal exchanges.

How do they record discussions today?

There are several methods used today by companies that offer legal support services. Electronic reporting involves using a system of speakers and audio equipment to capture quotes. The professional oversees these devices, and takes note of who is speaking at what time, for easy transcription of the sound files. Voice writing involves the use of a voice silencer, which is a hand-held mask that contains a microphone. When speaking into the voice silencer, the court reporter will not be heard by anyone else in the room.

More advanced methods of recording have incorporated video equipment. Some court reporters will set up and monitor video equipment, and then transcribe the conversation by reviewing the footage. If asked by a client to do so, they can also set up an online video stream of the proceedings so that off-site participants can view everything in real time. A more affordable alternative for legal support services will entail providing clients with a password to access a secured program where real-time reporting is published.

How do they transcribe discussions today?

Usually the court reporter, or an assistant, will take the recorded notes and type them up so that a written record exists. This process used to take a long time, but has also been improved with technology. In many cases a firm will offer expedited delivery for a higher rate. If a firm opts to have the proceedings recorded on video, court reporters have the ability to add text captions, as many of these professionals will also be contracted out to provide closed captioning for television viewing.

What kind of firm should I look for when evaluating legal support services?

In addition to the availability of the modern offerings mentioned above, there are a number of factors to consider when looking for a firm that will best meet your needs. The firm should have enough court reporters available to assign an individual or group that works only for you. The firm should be asked to provide references, to prove that their reporters are accurate, quick, and professional. Also, some firms offer on-site conferencing and production facilities for their clients to use. For best results, one should find a firm that offers enough legal support services to tailor a plan specifically to their needs.

Your Judgment Debtor   Filing Bankruptcy and the Automatic Stay   Multiple Judgment Debtors   When Should You Contact a Litigation Lawyer?   How A Wireless Expert Witness Can Help You   Collecting an Unpaid Judgment Against a Judgment Debtor Who Uses Several Aliases   

Mistakes to Avoid When Being Sued by Credit Card Company

If you are one of the thousands of debtors being sued by a credit card company for unpaid debts, it's important to remember what you should NOT do when you are dealing with your creditor in court. In this article, we will discuss some of the most common mistakes debtors make when being sued by a credit card company:

Ignoring The Summons

Ignoring your problems will not make them go away and ignoring court-ordered notices will certainly prove to be one of the most expensive mistakes you will ever make. Junk debt buyers and collection agencies expect delinquent debtors to not respond to the summons and ignore the problem until they receive a default judgment by the court for the lack of response from the defendant (that's you). This will give them the right to access your banking, employment and personal information, freeze your savings, garnish your debts or even put liens on your assets. So when being sued by your credit card company, make sure to respond accordingly within the given period by the court.

Not Monitoring Your Credit

Many creditors will try not to use the Sherriff to serve the summons and instead, will use a special process server so the debtor will either not receive the summons at all or won't have enough time to answer the summons. Other creditors will sit on the judgment and wait for years to execute on it through a surprise wage attachment. For this reason, it is important to keep an eye on your credit to prevent any of these from happening.

Not Familiarizing Yourself with Local Court Rules

Note that different courts across the country have different guidelines and procedures. Regardless if you plan on hiring an attorney or defending yourself Pro Se, you need to check with local court rules. One of the most important court rules when being sued by credit card company is to determine how much time you are given to answer the summons (20 days in most states). This information is something that many creditors will conveniently left out so to be on the safe side, always check with court rules in your state when being sued by credit card company.

Are you being sued by your credit card company for unpaid debts? If you are one of the thousands of Americans facing credit card lawsuit, it's important to get informed to build your case, defend yourself in court and win your case. You'd be surprised at how easy it is to defend yourself Pro Se.

Your Judgment Debtor   Filing Bankruptcy and the Automatic Stay   Multiple Judgment Debtors   Tips for Selecting the Best Legal Staffing Agency   

Can the Government Legislate to Punish a Specific Individual?

During the 16th and 17th centuries the British Parliament often employed enactments court bills pertained to inflict the death penalty on persons deemed guilty of seditious acts, such as attempting to overthrow the government. In addition to the death sentence, debilitating the usually carried with it a corruption of blood which meant that the attained parties property could not pass to his heirs. If the bill imposed punishment short of death, such as banishment, confiscation of goods or loss of the right to vote, it was called a bill of pains and penalties against persons deemed guilty of disloyal to the American cause.

Article 1, section 9, clause 3 of US Constitution forbids the Federal government from passing bills are attained. The same prohibition is imposed on the states by article 1 section 10, clause 1. US Supreme Court decided at an early time without argument that these two clauses covered bills of pains and penalties as well of bills of attained a proper. Although this conclusion is not compelled by the language of the Constitution, it becomes entirely persuasive when the purpose of the prohibition is considered. Both bills of attained and bills of pains and penalties of legislative acts that inflict punishment without judicial trial.

Regardless of whether the punishment decrees death or something less than death, such enactment slightly principle is deeply embedded in the constitutional structure. The Constitution separates the judicial power from the legislative power. Legislative bodies are supposed to act general rules, applicable to all persons or certain classes of people which grant rights to them or impose duties prohibitions or disabilities on them. It is a function of the judicial branch to decide on the structure procedures containing safeguards against error and abuse of power whether a specific person is entitled to a right was subject to a duty prohibition or disability established by the legislature. Bills are attained and bills of pains and penalties are thoroughly at odds with these principles. They inflict punitive sanctions in disregard of judicial methods of proof designed to ensure fairness in fact-finding. History bills are attained has also shown that the passages often induced by popular passion or motivated by unproven suspicions.

In the context of the bill of attained the clauses of the Constitution, the concept of punishment has not been restricted by the courts to the typical sanctions employed by the system of criminal justice such as capital punishment, imprisonment, punitive fines and confiscation of property. The bill of attained a clauses have been broadly construed to include deprivations of rights, civil or political, disqualification from office and legislative past participation in specific employment or professions. Essential to a finding of attained is a determination by the court that it was still it was the legislatures intent to punish rather than to regulate for a legitimate political purpose.

Your Judgment Debtor   Filing Bankruptcy and the Automatic Stay   Multiple Judgment Debtors   Automobile Appraisal Expert Witnesses For Litigation   Common Types of Bail Bonds   Should You Outsource Your Judgments?   

Credit Card Lawsuit: Dealing With Junk Debt Buyer's Admission Request Lawsuit

During the discovery phase of a credit card lawsuit, you are bound to receive a series of questions you need to answer, including Request for Admissions, a set of statements that the plaintiff will ask you to either Admit or Deny. Just like Interrogatories and Request for Documents, you are given a certain amount of time to answer them otherwise; your creditor will win the credit card lawsuit by default judgment so make sure you submit the necessary response within the given time frame!

Your creditor expects you to not answer the Request for Admissions on time! If you failed to answer on time, the creditor will file for Motion to Deem Admissions Admitted, meaning you automatically admit to all allegations set by your creditor! But this works both ways, if your creditor did not answer the Request of Admit Facts on time, you too can file a Motion to Deem Admissions Admitted.

If say, you did not sent your Request for Admission on time and your creditor filed a Motion to Deem Admission Admitted and the motion is granted, the creditor will win the credit card lawsuit. Even if you are late, you can still file the documents, state your reason for the late filing, and pray that the court will give you more time to finish the Request for Admission.

It's important that you check with your state's local court rules to determine how much time you have to answer any documents and draft an answer as soon as you receive any documents that requires it or else, you will lose the credit card lawsuit and pay for all debt amount, including interest, penalty chargers and your creditor's legal fees!

Dealing with a junk debt buyer, as opposed to the original credit card company, can be a slippery slope because junk debt buyers will try to use the same Admissions to all debtors under and most of these questions do not have anything to do with the case at all. These questions are often sloppy, then don't make sense and junk debt buyers do not even care to correct them.

The good news is, as long as you are two steps ahead of these slime balls, you can win the credit card lawsuit. It all starts with giving the right answer ON TIME. This will ensure you that the other party will never win the credit card lawsuit by default.

Your Judgment Debtor   Filing Bankruptcy and the Automatic Stay   Multiple Judgment Debtors   Automobile Appraisal Expert Witnesses For Litigation   How A Wireless Expert Witness Can Help You   

Do Laws Apply to the Internet?

Last week, I was giving much thought to a Social Media topic that would do more than just fulfill an obligation to myself to publish a new post each week. Sure, I could share some useful tips for businesses looking to leverage the full power of Social Media Marketing. After all, most business executives are interested in learning how to increase sales revenue through the use of the latest and greatest online strategies and tactics. I also wonder how many business owners are fully aware of the irreparable damage they may be doing to our society by using Social Media, inappropriately and - in some ways - distastefully.

I ask corporate CEOs to carefully consider the following questions. If Twitter controlled the life support function for hospitalized people, should an insurance company manipulate its functions to put some terminal people out of their misery to reduce costs? If Facebook allowed your real estate company to put a family out of their home so that you could buy it cheap, would you ever exercise that option? If Social Media were a gun, would you point it at a stranger and pull the trigger if it benefited you in any way? These are valid questions for those allowing profit and loss statements to obscure matters of common decency.

You may be reviled by the shear mention of such thoughts, but apparently, there are a growing number of employers, who are willing to force strangers to open up their private lives for hiring consideration scrutiny. If you as a business leader are able to reconcile such an action; you probably think it is fine to invade a person's right to privacy simply to satisfy one company's curiosity about what he or she does during their own spare time. Are you saying that a business entity is entitled to own one's personal life along with the work he or she provides during paid work hours? Exactly where does this right come from? It's not in the Constitution.

Since When Did We Need to Invade Personal Privacy Rights to Consider Someone for a Job?

It used to be that employers carefully screened resumes, thoroughly interviewed candidates, and professionally conducted criminal background checks and drug screens to determine the suitability of job applicants for hire. Most trained human resources professionals also relied on their gut to determine who got hired and who did not. Is all this no longer enough to make an educated employee selection? Whatever happened to an employer's right to discharge unsatisfactory employees during his or her initial period of employment, "At Will"? Is this not enough of a failsafe mechanism to insure and protect quality performance in the workplace? It has been such for many past decades. What has changed?

Yes, there are many individuals, who place their lives online for public view - without placing any viewing restrictions. This is a free choice that some people exercise. In these cases, employers are welcome to see what the user has deemed public information with no special permissions. However, no one really has the right (except - perhaps - for legal authorities) to see restricted information that is locked away from public scrutiny by password protection. No employer or anyone else has the right to make unlocking their personal information an absolute condition of employment.

Credit Scores Were Intended for Car Buying and Not Job Getting

What is going on in human resources these days? These are some of the same people that have also had the chutzpah to request credit checks on all those applying for jobs including even those not being considered for positions involving collection and disbursement of company funds. Credit checking used to be reserved for bondable employees, period. That made perfect sense to avoid embezzlement and company theft of funds. Checking everybody's credit does not make any sense. Not when you consider that many unemployed people have fallen behind and must have a job in order to feed their families.

Here is the dilemma. We don't place people in double jeopardy in the American court system, so why are we punishing people twice by denying them a living by making them unemployed and then keeping them from a new job offer because they are already the economic victims of unemployment? Some companies are placing recruiting ads that say "currently unemployed people need not apply." This is all cruel and unusual punishment. What has inspired such a total lack of regard for our fellow Americans, just want to collect a fair wage for a fair day's work? Why all these new hoops to jump through?

America is Fighting Back with a Loud and Strong "It is None of Your Business"

Fortunately, the American people are not sheep and are fighting back. California lawmakers have voted to block employers from using consumer credit reports when they are deciding whether to hire workers for most jobs. They have stopped the use of credit checks in hiring, except for managers, law enforcement, financial jobs and certain other positions that handle valuable items or information.

The bill's author, Democratic Assemblyman Tony Mendoza of Artesia, says credit checks often are inaccurate and hurt minority and female job seekers. Opponents say they are a useful tool for employers assessing the integrity of job candidates.

A credit report is not a good indicator of a person's trustworthiness or work ethic," says Mendoza.

"Consider the condition of the economy and the negative effect these circumstances can have on a person's credit - a credit report is an unfair lens through which to view job applicants," he says. "Preventing someone from becoming gainfully employed due to a poor credit history is shameful," says Mendoza.

No, You May Not See My Personal Information

Regarding this newest attack on personal privacy, it was Facebook firing the first shots in a battle that promises to end in the US courts. In a blog dated March 23, 2012, Erin Egan, Facebook's Chief Privacy Officer, responded to recent news reports of employers "seeking to gain inappropriate access" to the social media profiles of job applicants and employees. She also said that Facebook would "take action to protect the privacy and security" of users and consider "initiating legal action" where appropriate.

Those anti-employer sentiments were also summed up by members of Congress, recently.

"Employers have no right to ask job applicants for their house keys or to read their diaries - why should they be able to ask them for their Facebook passwords and gain unwarranted access to a trove of private information about what we like, what messages we send to people, or who we are friends with?" asked New York Senator, Charles Schumer.

"In an age where more and more of our personal information - and our private social interactions - are online, it is vital that all individuals be allowed to determine for themselves what personal information they want to make public and protect personal information from their would-be employers. This is especially important during the job-seeking process, when all the power is on one side of the fence. Before this disturbing practice becomes widespread, we must have an immediate investigation into whether the practice violates federal law - I'm confident the investigation will show it does. Facebook agrees, and I'm sure most Americans agree, that employers have no business asking for your Facebook password," says Schumer.

Employers: You Won't Sell to People You Have Taught to Despise You

No. A line must be drawn in the sand now regarding privacy. Employers are looking to take a mile since the Web may have it to give. In doing this, they are not only attacking our civil liberties; they are hurting themselves in the long run. If they limit people's freedoms in social Media, they are also limiting peoples trust in this medium and discouraging its use. If business people want to get more conversions (sales) from Social Media Marketing, they need to show more respect for the trust and integrity that Social Networking must develop in order to make doing business over the Web viable and profitable.

Your Judgment Debtor   Filing Bankruptcy and the Automatic Stay   Multiple Judgment Debtors   Automobile Appraisal Expert Witnesses For Litigation   When Should You Contact a Litigation Lawyer?   Tips for Selecting the Best Legal Staffing Agency   

Understanding the Job of a Paralegal

Lawyers cannot possibly do their entire job alone. They need assistants, which are referred to as paralegals. These legal assistants do secondary tasks at law firms, assisting lawyers in their daily responsibilities. The primary legal duties belong to the lawyer himself. Many legal assistants want to become lawyers, but, they often have to start from this position before becoming actual attorneys. Even paralegals need the right credentials before they can practice their profession. Paralegal certification is necessary for those who wish to work as an assistant to an attorney.

Young people who are interested in the field of law may want to start as paralegals and the amount of job openings for these professionals is increasing. Some people are attracted to the high salary it offers; while others are lured by the experience they can get in the field of law. Whatever your motivation is, you have to get the right training. Accredited institutions should be your destination.

Paralegal aspirants should understand what happens to them if they get employed as paralegals. You're not going to give legal advice or set up fees. You may not be able to act like a legal representative of a distressed client-you are, however, part of the system. Your task is to assist the attorney you're assigned to. This assistance generally includes office tasks. What exactly would you be doing? You would be setting up meeting or trials, preparing schedules and making appointments.

A paralegal is also responsible in knowing details about a certain case. A lawyer may need a paralegal to provide the documents when tackling a case. Although they are just assistants, they have a crucial job. Without them, lawyers will have a difficult time managing all their responsibilities. All professionals that perform major tasks need assistants. Routine and auxiliary tasks are passed on to the latter.

The advantage of taking up a paralegal course is that you can find a job immediately after you finish it. If you take up law right away, you may have to finish the course and pass the bar examination, which is a requirement for law practitioners in many countries. Paralegals can work right away and pursue law if they want to become lawyers in the future.

The salary of a paralegal varies from state to state. However, the biggest influence in the amount you can earn as an assistant is your educational attainment. Nonetheless, paralegals and legal secretaries can earn at least $25,000 a year. If you work as an entry-level assistant at private law firms, you can expect to earn at least this amount. The biggest earners are those working for the federal government. Then again, paralegals do receive bonuses and perks, which raise their income.

Full-time paralegals work for forty hours in a week. Many law firms hire more assistants during the busy times of the year. Those without experience may gain some by standing in at law firms looking for temporary paralegals. Although there is a considerable demand for these assistants in the United States and Canada, lack of job security is a common issue. It's common for law firms to hire temps during peak season and then release them after the busy months are over.

Your Judgment Debtor   Filing Bankruptcy and the Automatic Stay   Multiple Judgment Debtors   Automobile Appraisal Expert Witnesses For Litigation   

Defense Against Credit Card Lawsuit: CC Statements Not Enough Evidence in Court

Most junk debt buyers and collection agencies do not have access to certain documents once original creditors closed the book on old, charged off card accounts and this makes it difficult to pin the debt on the debtors being sued.

In such cases, instead of presenting the original card agreement, the plaintiff will try to present old card statements as proof that the debt is owned by the defendant. Now, if you are in this type of situation, you need to learn everything you need to know about defense against credit card lawsuit and how you can work around creditors who claim to have the evidence to win their case.

Now, if your junk debt buyer or collection agent is threatening to send the copies of your old card statement to the court unless you pay the debt in question, plus interest, know that these documents need to be authenticated first. Having these statements will not hold much relevance in court nor could it be the basis for a collector's summary judgment motions if the documents are not certified.

In terms of defense against credit card lawsuit, you need to force the plaintiff to validate the debt and because they cannot simply file documents received from the original creditor, they will find it hard to prove the debt's ownership. With no trace of evidence, your creditor cannot simply press charges and win the lawsuit. Even if they have your old card statements, they will not hold much merits in court because only relevant documents, like the original credit card contract, will be deemed by the court as real proof that will tie your name to the account and debt.

Don't panic if a collection agent or junk debt buyer is applying scare tactics like filing old credit card statements and focus on building a solid defense against credit card lawsuit. Here's something you should keep in mind, no one is free to simply file anything they wish to court without authenticating such documents and in your creditor's case, they still have to defend any evidence they present in court.

Always check with your local court rules to determine what you can and what you cannot do in court. By making an effort to learn all the rules, you increase the chances of winning the credit card or at the very least, make life extremely difficult for your creditor to the point where they'd rather drop the case altogether.

Your Judgment Debtor   Filing Bankruptcy and the Automatic Stay   Multiple Judgment Debtors   Automobile Appraisal Expert Witnesses For Litigation