Browsing in Legal

LegalA great deal of people believe if they live together 6 to 10 years they will be considered married in the eyes of the law, but the fact is, it’s not true. There is a difference between common law marriage and cohabitation. In some cases if you are a cohabitant, you could be considered single and in some cases if you are common law married you are considered married as if you did it the traditional way. So the question is how do I know if I am legally married or considered single under the law. Only certain states recognize Common law marriages, including the District of Columbia, Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah. If you live in a Common law situation it rests upon you to find out if your state recognizes your relationship as it does legal marriage in the law. If your state recognizes your common law marriage, you and your mate must enter into a written or oral agreement to live as a husband and wife, and appear to others, as you are a married couple. Introduced to others as a wife or a husband and are considered a married couple. How long you have been together will determine if you are recognized under state law. At this time, for the most part Common law marriages typically are limited to heterosexual couples. If you live in a state that recognizes common relationships and do not want the state to consider you as married, you need to see your attorney to draw up a document that establishes the facts and protects the parties involved. If you need more information you could always look to a Legal Directory for more help.

LegalA divorce case is contested if the parties cannot agree on every one of the issues involved in their particular situation. Common areas of disagreement include, but are not limited to: grounds for divorce, custody of the children, visitation rights, division of the assets of the marriage, child support, maintenance (alimony), payment of family debts, contribution toward educational expenses (college or parochial), payment of health insurance for the dependent spouse, income tax structuring, etc

When a divorce case is filed, it is given an identification number and is deemed by the court to be a matter that will ultimately require trial time in order to resolve all issues. Divorce cases are generally called for trial in the order in which they were filed.

A divorce case remains a “Contested Divorce” until each and every item is resolved. If, however, at any time during that period of the divorce case, the parties and their attorneys can reach an agreement on all of the issues, they can then stipulate to the court to have the matters heard as an “Uncontested Divorce” (no fault divorce) matter. When this occurs, the court will accommodate the parties to the marriage and provide an expedited Hearing in which it will hear proof regarding the grounds of the divorce and the settlement of the divorce. If the standards of the court and the law are met, the court will approve the settlement and enter a divorce Judgment on that day or shortly thereafter.

Remember that, it is usually easier to marry than to divorce, especially if the spouses who wish to do so must divide their common property as well.

Attempts to use the worldwide Web as an effective means of struggle against bureaucracy are undertaken constantly and sometimes successfully. Today it is possible to fill legal forms for divorce by divorce online legal services.

Note that Legalhelper.net (http://www.legalhelper.net/divorce.aspx) provides an easy-to-use, quick, and economical online method for creating completed legal forms from its site for your uncontested divorce (either no-fault divorce or fault divorce).

LegalWrongful death law refers to the law that aims to protect victims who are harmed by the action or inaction of another entity or person. A claim can be filed for injury acquired by an individual either physically or mentally. Wrongful death lawyers seek to win compensation for their clients. If you feel you are a victim and are uncertain what your legal options are, the best thing to do is to speak with wrongful death lawyers who will guide you through the process.

Basically, there are three reasons why you must hire wrongful death lawyers. First, you will need professional help to win against an individual or a large corporation. Second, you must not have to worry about your violated personal injury rights. Lastly, you must concentrate on getting better and not have to spend your time at the court house or with wrongful death lawyers. You must contact a wrongful death lawyer even if you only have a small concern. Whether big or small, you need to file your personal claim immediately and see what your legal rights are.

With the unmatched function of the Internet as the number 1 source of information for whatever purposes that it may be, even law firms have decided to advertise their firms and their services in the web. So, when you know someone who has been involved in a wrongful death accident, you’ll definitely need a wrongful death lawyer to represent the families of victims who have died wrongfully. Most states allow a relative or the spouse of the victim to file a wrongful death lawsuit against the negligent party.

When you search for wrongful death lawyers online, you’ll get lots of them in the search result finds. More specifically, you can search for the attorneys in your area, too. The Internet really has all of the information that you may need about wrongful death lawyers to form a better case. Since it can be difficult to understand the complexity of the legal system, it will be wise to find a lawyer to protect your rights through the web.

Truly, the Internet has made finding wrongful death lawyers and everything about the law simpler. There are several websites available that can provide you with the legal help that you are seeking. Knowing your legal rights does not have to be difficult, especially now that the Internet continues to expand its role in bringing everything to its users.

LegalA power of attorney is a legal document that allows you to dictate who you would like to make decisions on your behalf. While there are many useful purposes for a power of attorney, they are especially important to unmarried couples, which live together, when a partner becomes incapacitated and unable to make decisions. In such situations, the law usually designates the incapacitated person’s next of kin as the decision maker. With a power of attorney, unmarried couples can give their partners the power to make such decisions.

Powers of attorney can be as general or specific as you decide. You can give your partner the power to make decisions on your behalf at any time or only when you become incapacitated. You can also dictate what types of decisions you are authorizing your agent to make. A health care power of attorney (also referred to as a durable power of attorney for health care, medical power of attorney, health care proxy and appointment of health care agent of surrogate) would authorize your partner (or other agent) to make decisions about your medical treatment and dictate who you would like to be able to visit you while receiving medical treatment.

By executing a power of attorney for finances (also referred to as a durable power of attorney for finances) you could dictate whom you want to make decisions about your legal and financial matters. You can be very specific about what actions you are authorizing your partner (or other agent) to make, including which accounts he or she has access to and the types of decisions he or she can make.

Note that Legal Helpmate Corp provides an easy-to-use, quick, and economical online method for creating completed power of attorney for any occasions.

LegalIn your will eventually become important, as your debt grows and some clients do not pay. To collect small business debts legally, you must send a written notice that collections have begun, within five days of first contacting the debtor for collections. The letter must include dispute instructions.

Small Business Debt Collection Laws Forbidden Practices…

-Collect any amount beyond the actual debt, unless you really can do so legally.

-Continue collections on a debt if the debtor has disputed the debt, unless you provide the debtor with written proof.
Continue contacting the debtor if within 30 days of first contact, the debtor disputes the debt.

-Credit a payment the debtor has made to a non-disputed debt to a debt the debtor has disputed.

-Deposit a post-dated check before the post-date.

Small Business Debt Collections Laws: What You Can’t Say

- Give a false name.
- You are an attorney or government representative, if you are not.
-You have an attorney working for you or that you are going to assign the case to an attorney, if you really do not.
-The debtor has committed a crime, unless you are 100 ure they have.
-You work for a credit bureau, if you really do not.
-The debt is more or less money than it actually is.
-You are sending or have sent legal forms when you really did not.
-You are sending or have sent papers that are not legal forms, if they really are legal forms.
-The debtor will be arrested–no one is arrested for nonpayment of debts anymore.
-You will seize, garnish, attach, or sell the debtor’s property or wages, if you do not really intend to or cannot legally do so (and unless the debt is secured with collateral, you probably cannot).
-You will sue or take other legal action, if you do not really intend to, or are not legally able to do so.

Small Business Debt Collection Laws Forbidden Third-Party Disclosures

Never:

1) Give any credit-related information that is not 100
ccurate.
2) Tell anyone other than the debtor that you are collecting a debt.
3) Telephone any number other than debtor’s more than once.

Small Business Debt Collection Phone Calls

Never:

-Call after 9 pm or before 8 am.
-Forget to give your name and your company’s name.
-Call repeatedly or in a way intended to annoy.
-Make a collect call.
-Make any threats.
-Use profane or obscene language.
-Leave a message that reveals this is a debt collection.

Small Business Debt Collection Mailing

Never send:

-Postcards.
-Envelopes or mailings with any reference to debt collection on the exterior.
-Anything that looks like an official, legal, or government document, if it is not.

These simple small business debt collection laws guidelines should help stay with the collection laws.

LegalIf a customer owes your local business money, it’s hard not to feel angry, like you want to do anything possible to get your money back. But the days of going all out to collect on a debt over.

The Fair Debt Collection Practices Act, designed to protect consumers from harassment or intimidation, sets firm limits on what you can do to collect a debt from a consumer. The federal debt collections law even prohibits practices that were once standard, and that you might not consider harassment at all.

Besides, as a local business, you have an even more powerful reason to be especially careful about legal debt collection issues. You have something much more valuable at stake than a lawsuit: your business’s reputation in the community.

Legal Debt Collection Best Practices:

There are plenty of articles on the web that lay out in plain English what the Fair Debt Collections Practices Act says you can and cannot do. Just to give you some idea of the law’s requirements, here are some of the biggest:

- No telling any third party about the debt (except collection bureaus, collection agencies, or the debtor’s attorney).

- No calling on the telephone 9 pm - 8 am, or calling repeatedly in a way that is annoying.

- No postcards or envelopes that mention the debt.

- No threats to take actions you cannot or will not really take, such as seizing property, in the case of an unsecured debt.

- No misrepresenting yourself (e.g., “Hi! This is the Publisher’s Clearinghouse Sweepstakes. May I speak to John?”).

- No paying down the debt with payments the customer has directed be applied to other debts

Tips and Tricks for Legal Debt Collections:

With all these limits on what you can do to collect a debt, what can you do legally?

- Speak with the debtor personally on the telephone