Kamis, 29 Maret 2012

Legal Symbols And Word Processors

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I am not a lawyer, I am a 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.

If you are an attorney or a paralegal, you probably know very well how to make your word processing program type and print a § or a ¶ symbol. For the rest of us, the average word processor does not usually make it obvious how to make legal symbols.

¶, •, and §, are never used in conversations, however they are often used on written motions and pleadings; which can be typed by mortals representing themselves.

Legal symbols are used most often by lawyers, when they type up motions and pleadings. Occasionally lawyers use a few other strange symbols such as Ó? in odd places, to confuse the other side. When representing yourself, you do not need a law degree to make your own motion or pleading.

What do some of the symbols mean? The § symbol means the section, or a section area. The ¶ symbol, called a Pilcrow, means the end of a paragraph. The • symbol is called the bullet, that means a point to take notice of, or an item on a list.

Here is what I learned from other judgment enforcers, and from experimentation, on some shortcuts to make legal symbols.

What keys to press, to produce a specific special character, depends on the unique combination of what kind of computer you have, what brand of word processor you use, and what version it is. This article lists some ways to produce legal symbols, however your mileage will vary.

In Microsoft Word 2010 and possibly other versions, click on Insert, then click on Symbol, and then select the desired symbol, among them should be ¶ and §. In Word 2007, you must do one more step, and click on Special Characters.

If you have a Macintosh, with almost any kind of word processor including BBEdit, TextWrangler, OpenOffice, and TextEdit; pressing ALT/Option 6 makes a §, and Alt/Option 7 makes a ¶.

In most PC programs, if you have a number pad, you can usually hold down the ALT key and then type 0167 on the number key pad, and release the ALT key, to get a §. You can usually hold down the ALT key and type 0149 to get a •, and ALT 0182 to get a ¶.

Even if it takes awhile to figure out how to make the special characters you want on your PC, most programs remember the last few special characters you used. The next time you want to use one, it should be at the top of the list.

Another solution is to install a software shortcut or "hotkey", to (e.g.) map Control-S to § and Control-P to ¶.

There are many keyboard combinations to produce special characters on PCs, by holding down the ALT key. A handy list for PC-users is at: http://tlt.its.psu.edu/suggestions/international/accents/codealt.html

Finally, most courts have eliminated the "blue backs" on pleading and motions, however be aware some Federal District courts still require them.

http://www.judgmentbuy.com/ - the easiest, fastest, and best way to get money for your judgment.

Mark Shapiro, the judgment expert. We pay for judgment leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

Vicarious Liability: When You Become Liable on Behalf of Another

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There are times when it is necessary to lend your car to someone who runs errands or works for you. Unfortunately, there are times when the same people get involved in accidents. You may be held liable on behalf of someone who used your vehicle under these instances under the rule of respondeat superior. This doctrine means that you are liable for the fault of another who was acting on your behalf. It is also referred to in the law as "vicarious liability". An employer, parent or team leader may be held liable for the wrongdoing of their employees, children or subordinates. This is what vicarious liability means. The reason for this is that generally, employers, parents or team leaders have control over the actions of the negligent parties. Parents get sued because children don't have the means and the capacity to defend themselves monetarily, especially minors, and because parents likely consented to the use of their vehicles.

If you, on the other hand, are a victim of people who are acting on behalf of someone, you may file claims against the employer, parent or superior of that person to get compensated for the injuries that you may have sustained. Your personal injury lawyer will help you be able to prove the relationship of the negligent party to the one being sued. For example, an employee who accidentally gets involved in a vehicular accident while performing work for his employer may hold the employer liable to compensate you. If your lawyer gets to prove the following criteria, then you may be entitled for a compensation: employer-employee relationship, also, that there is no other way that the employee could have performed his work, and that the conduct of the employees work is out of his control.

If, however, your lawyer failed to prove the existence of an employee-employer relationship as in independent contractors, and the degree of control that the negligent party has of his own actions, then chances are, that person is the only one liable to you. This rule is not only limited to running after employers of negligent employees and parents of careless children, but is also applicable to medical malpractice as well. For example, when a nurse fails to carry out her duty in an operating room, the surgeon or even the whole hospital may be liable to compensate the victim. Exemptions to this rule involve car leasing and rental businesses and airplanes.

In addition, if you are a victim of assault or battery done by an employee, the employer is not liable to compensate you for injuries that you have sustained from the attack. It is important to always consult with a personal injury lawyer to determine what courses of actions are available for your case. There are special cases wherein you may run after the superiors and make them liable; therefore, giving you a more substantial compensation than if you only sued the person who actually caused you to be injured. Your lawyer may convince the judge to rule in your favor and apprehend the employer, parent or even the whole company. On the other hand, if you are an employer, make sure to perform background check and adequate investigation before hiring someone to work for you. These are unusual cases wherein you will be liable without directly causing injury to other people, but cases such as these do exist. It is best to be vigilant.

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Bankruptcy Ends Privacy

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

What if you have a judgment against a "rich" judgment debtor with a history of moving from rental property to rental property, paying the minimum to obtain residence, and then staying rent free until they get forced out by evictions? (This does not happen very often anymore, in the age of credit reports and landlord associations, however a wad of cash upfront, can blind many landlords.)

What if you found out where the judgment debtor worked, garnished their wages, and then you got a notice from a US Bankruptcy Court, that your debtor has filed for Chapter 7 bankruptcy protection?

As soon as you got that bankruptcy notice, you should quickly tell the Sheriff to stop the wage levy. Once someone files for bankruptcy protection, you should not try to collect money from them without first getting permission from the bankruptcy court.

When your judgment debtor files for bankruptcy protection, is it game over, and your judgment is now history? If your judgment debtor is actually poor, yes. If your debtor is not poor, hiding their assets, and a crook; and you have the time to spend many hours in and out of a bankruptcy court, maybe not.

If you have nothing more important to do, you can examine crooked judgment debtors in bankruptcy court, even with a small judgment. If you are busy, this makes sense only on judgments averaging $15,000 or more. If your judgment debtor is really poor, let it go, do not waste time trying to squeeze juice from rocks.

To bring a judgment debtor's fraud and perjury to the attention of a bankruptcy court, requires filing an adversarial claim. If you are not a lawyer, you better know what you are doing, or better yet, hire a bankruptcy lawyer. When you hire a lawyer, do not put your brain on hold, keep thinking about what will help win your case, and give your ideas to your lawyer. Never assume your lawyer knows everything you know.

One might think the judgment debtor's history of defrauding landlords could be a basis for a fraud complaint in a bankruptcy court. I am not a lawyer, and my opinion is that if the debtor defrauded someone else, you will have a difficult time claiming fraud in the bankruptcy court; because you were not a party to the cause of action, and not personally defrauded by the debtor.

However, if you were the debtor's landlord, you might have a possible cause of action for rental fraud, stemming from the original debt under USC 523(a)(2)(b). To win such a motion, you will need to show some proof to the court.

To win a motion under USC 523(a)(2)(b), you would need to prove that the fraud was intentional, and that your debtor knowingly and willfully provided you with false information. Some items of evidence could be a rental application signed by your debtor, with fraudulent statements about their finances.

If the debtor's misrepresentations were verbal, perhaps you could prove fraud under USC 523(a)(2)(a), however proving that is usually much more difficult.

The first step to proving fraud in court is investigation. There are several paths available for the creditors of bankrupt debtors. When debtors file for bankruptcy protection, their financial privacy goes out the window.

The key to winning a bankruptcy complaint for fraud, is plenty of discovery and hard evidence proving fraud. The first step is to ask the attorney representing the bankrupt judgment debtor for the debtor's filing information and disclosures, asset and liability statements, and itemized listings of their monthly living expenses.

One idea, is to request copies of the debtor's tax returns at least 14 days before the first scheduled meeting of the creditors. You might ask for five years of state and federal tax returns, or the tax returns from a few years before and after the fraud occurred.

Depending on the response you get, you might decide to motion the court for a rule 2004 examination of the debtor and possibly some other third parties, perhaps right after, or before the first creditor's meeting.

If you have a dishonest debtor, they often try to stonewall and hide information from creditors. Once the debtor files for bankruptcy, creditors are entitled to access their financial information, so that you can thoroughly analyze their real situation.

If you are deprived from doing your discovery in bankruptcy court because of actions from the debtor, then you may have a cause of action for an adversary proceeding under USC 727, which costs about $300 to file.

Bankruptcy court can be a "heaven" for creditors with time, patience, and knowledge. Bankruptcy courts are not perfect, and many will not let mortals (non-lawyers) pay with a personal check.

Bankruptcy courts are usually more spacious and comfortable than state courts. Most filings and motions (except motions for relief and adversarial proceedings) have no filing fees. Cafeterias in bankruptcy courts are usually good and reasonably priced.

You may be able to get your debtor kicked out of bankruptcy court for either not providing you with the tax returns you requested, or possibly for a bad faith filing for not complying with the court's order to produce documents under a rule 2004 examination.

Depending on the size of your judgment, you may decide it is simply not worth filing an adversary proceeding. You may also find that your debtor really does deserve to file for bankruptcy protection because they showed you all the documentation you asked for, and you found no evidence of deceit or fraud.

http://www.judgmentbuy.com/ - judgment enforcement. The easiest, fastest, and best way to get the most money for your judgment.

Mark Shapiro, the judgment matchmaker. We pay for judgment leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

Why A Copy Of The Judgment Is Needed

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

A judgment is both a piece of paper, and a historical record system. A judgment includes records of certain specific events related primarily to getting, and trying to recover the judgment. Judgments are not cash, not guaranteed, and do not recover themselves.

When you contact a judgment broker, buyer, enforcer, collector, collection lawyer, or a collection agency; they will not do anything significant until they see a copy of your judgment.

No matter how much and what, you tell some person or entity about your judgment, they will not be doing much computer work, or researching your judgment debtor fully with public records, until they see the actual judgment. One exception can be if the person or entity is close to the court, and your judgment is big and looks easy to enforce, they might get a copy of your judgment themselves.

The reason a copy of a judgment is needed is because being named a judgment debtor is serious, and only the actual judgment can be counted on, to accurately name specific debtor(s) and the date and amounts on the judgment.

The proof of service for a judgment is often very important. Default judgments are weaker than contested judgments because on defaults, debtors might claim they were not served properly, even if they were.

As soon as you send the actual judgment paperwork, and what you know about the judgment debtor(s) and their assets; then you can get serious quotes, contracts, retainers, or agreements, for the purchase or recovery of your judgment.

There is no average, when it comes to how much documentation people keep for their judgment. Some people keep nothing. Some people keep only the one page with the court's stamp, that shows the amount owed.

Some people keep multiple copies of everything, including all receipts, court documents, notes, copies of email, proposed revisions of the lawsuit (the complaint), all work products, envelopes received, etc.

Keeping the one page "meat" of the judgment might work fine, however it is best to also keep a copy of the proof of service, and whatever is known about the judgment debtor(s). Also, keep all documents that evidence any previous steps taken to try to collect, such as writs of execution, levies, and liens.

You do not want or need to keep, copy, and send out a 40-pound pile of papers. You should keep what is needed and no more. What was important in the past should be re-evaluated a year later. I recommend you keep only the page(s) of the actual judgment, the proof of service, one copy of the final complaint, and anything that identifies the judgment debtor(s) and their assets.

Unless you use a judgment broker, you will have to send your judgment documents to several or many enforcers, because most enforcers are now very picky about which judgments they will buy or try to recover, in the current economic situation.

When you communicate with a judgment broker, buyer, collection lawyer, or an enforcer, keep focused on your judgment, and what is known about your judgment debtor(s). It does not help to ramble on about trivia or your dislike of your judgment debtor, or to send them too much documentation. After you find the right buyer or recovery solution, then you can send the extra documentation you may have.

Judgment documents can either be paper copies or PDFs. They cannot be printed dockets from court web sites only for many reasons, including court web sites are not consistent, and judgment amounts and other important information may be missing on court web sites, and they are not guaranteed to be accurate.

If you do not have a copy of your judgment, the court can make a copy for you for a very nominal charge. Your court might let you download a PDF of your judgment. If you hired an attorney, perhaps they have a PDF or a paper copy of your judgment.

http://www.judgmentbuy.com/ - where Judgments and debts get recovered or purchased by the best - expertly matched for free, to your debtor.

Mark Shapiro, the judgment expert. We pay for leads, and have the best quality free leads for enforcers, collection agencies and contingency collection attorneys.

4 Civil Summons Mistakes to Avoid

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Receiving a court summons for unpaid credit card debts is understandably worrisome. However, this is the kind of situation that could easily be prevented by being vigilant with your own financial obligations. In this article, we will discuss the four mistakes you need to avoid once you got served.

Don't Ignore the Summons!

Problems will not go away on their own especially if it involves a potential lawsuit so never ignore the court summons. In fact, once you got served, you need to act fast and acknowledge the problem by crafting your own Answers. Creditors are counting on delinquent borrowers to ignore the summons so they can follow through with their threats.

That said, do know that some creditors send out fake summons so if you got served, it's best to check with your local courthouse and verify the summons.

Respond to the Summons Immediately

Don't let guilt stop you from responding to the summons within the given time frame indicated on the document you will receive. Even if your debt is valid, within the SOL and you want to negotiate a deal with your creditor, you still need to respond to the Summons by crafting your Answers. If you fail to respond to the summons, your creditor will be granted a default judgment by the court, you not only lose the case, you are also expected to pay your creditor's legal fees.

Not Watching Out For Dirty Tricks

Your creditor may pull a fast one on you such as suing you in court rather than using the Sheriff to serve the summons. You should not tolerate this very sleazy practice. Unfortunately, some delinquent borrowers do not get to receive their summons because it was handed out improperly using a special process server instead of a Sheriff. As a result, the borrower won't have enough time to respond to the summons and the debt collectors are awarded with a default judgment.

Not Consulting a Lawyer

It's possible to face the lawsuit and defend yourself on your own. All you need to do is gather as much information as you can about representing yourself and fighting your creditor in court. However, you still need to consult an attorney. This way, you will know added information on how to defend yourself in court when negotiations between you and your creditor breaks down.

Don't be a victim of abusive creditors threatening to garnish your wages or freezing your bank account. With the right information, it's possible to defend yourself in court without hiring an attorney and win your case.

Learn how you can handle credit card lawsuit on your own and WIN your case! This groundbreaking eDocument will help you end all debt claims and fight credit card lawsuit! Visit http://answeringasummons.com/ for more information.

Social Security Disability Attorneys

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If you are disabled, and unable to work, you may qualify for Social Security Disability, or SSD. Applying for SSD is a long and complicated process; however, if you are ultimately approved it will provide monthly income, as well as qualify you for other benefits, for as long as your disability persists. A high percentage of SSD applications are initially denied, although you do have a right to appeal a denial. Given the complexity of the application process, and the importance of being approved, retaining the services of an experienced Social Security Disability attorney is strongly advised.

Social Security Disability requires two basic tests to be met in order to be eligible to receive benefits. First, you must have earned sufficient wages during the relevant time period in order to be considered for benefits. Second, you must have a qualifying medical condition that meets the Social Security Administration's definition of disabled.

The number of credits required to qualify for the work test component of the application process depends on a number of factors and is subject to change each year. In general, you need 40 credits of work to qualify, but when you must have earned those credits and the amount of earnings needed to equal a credit depends on your age and when you apply.

To meet the SSA's definition of disabled, you have to have a medical condition that lasted, or is expected to last, for a minimum of one year, or is expected to end in death. In addition, you must not be able to do the work you did before, and not be able to adjust to new work as a result of the medical condition. There are a number of conditions that presumptively qualify for Social Security Disability; however, this is not an exhaustive list and simply having a condition on the list will not, alone, guarantee approval of your application.

The application process for Social Security Disability is lengthy -- often taking six months or longer for an initial approval or denial. If you are denied and need to appeal the denial, you must do so within a specified time period or you will lose your right to appeal. If you are ultimately approved, you will receive a monthly monetary benefit that is based on various factors including your previous earnings record. You may also be entitled to retroactive benefits.

If you are disabled and unable to work, Social Security Disability may be a lifeline for you and your family. Retaining the services of an experienced Social Security Disability attorney early on in the process will ensure that you have the best chance possible to receive the benefits to which you are entitled.

Malaise Law Firm is based in Houston, offering experienced disability attorneys. Just leave success of your claim for Social Security Disability Insurance in our hands. For more information, please visit our website.

Responding To a Summons

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It is critical to start responding to a summons as soon as your local sheriff hands you the complaint. Debtors are only given a short period of time, usually 20 days, to file an Answer to creditors' allegations. This simple guide will help you in responding to a summons properly.

The summons will come with the complaint document. This document contains all the counts against you as well as the amount of money you allegedly owe your creditor. In itself, the summons is essentially notifying you that you have a certain number of days to responding to a summons or else, a default judgment is awarded to your creditor, giving them legal rights to take your bank savings and garnish your wages.

If the summons is ignored and your creditor wins the lawsuit, you will pay every cent of the total debt amount indicated in the Complaint plus interest on top of your creditor's legal fees. On the other hand, if you respond to the summons and answered each allegation with a list of your Affirmative Defenses with either an admit or deny response, your creditor will most likely drop the lawsuit altogether and move on to less informed debtors.

Responding to a summons is not that hard. However, it does take a lot of work on your part to obtain essential information you need to address debt claims as well as craft letters in legal form. Once you are done responding to a summons, you need to file it together with a Notice to Appear document.

When your creditor make the unexpected discovery that you know a thing or two about defending yourself in court, they won't even go as far as go on with the proceedings because lawsuits are very expensive and they would much rather move on to other debtors than pay more than they have to to pursue a single debtor.

However, if the case was not dismissed, you will then have to respond to all your creditor's Discovery and send out your own Discovery to the plaintiff.

Once the Discovery is completed, the legal proceedings will start. Note that there is a very slim chance of the case going as far as being heard in court but in case this happens, it's best to either hire an attorney or get as much information as you can about defending yourself in court. If you are representing yourself, as oppose to hiring an attorney, make sure to check with local court rules before and during the trial.

Learn how you can handle credit card lawsuit on your own and WIN your case! This groundbreaking eDocument will help you end all debt claims and fight credit card lawsuit ! Visit http://answeringasummons.com/ for more information.