Be careful when hiring an attorney. You should feel comfortable asking the lawyer question. Moreover, your attorney can never force you to sign anything. If you don't feel comfortable signing a document, ask questions about it.
my lawyer duped me. - Avvo.com
Sunday, April 18, 2010
Thursday, April 1, 2010
Exercise Caution Before Buying a Business
Before anyone buys a business, accountants and lawyers should be consulted. An experienced accountant can review the businesses books and tax returns. These documents will provide essential information on the true value of the business and potential federal and state tax liability.
Even with a good accountant, a prospective owner still needs a lawyer to draft the sales and indemnification agreement. Recently, a new business owner complained about being sued for actions taken by the seller. Of course, he didn't have a sales agreement. He thought he would save money by drafting his own bill of sale.
The inherited liability he incurred may damage the business and turn his ownership dream into a financial nightmare. An experienced attorney would have drafted a sales agreement with covenants and representation provisions regarding known tax liabilities, lawsuits, and other contingent liabilities. In addition, indemnification clauses would have required the former owner to reimburse the buyer for any judgments, expenses, and attorney's fees incurred as a result of enumerated pre-sale liabilities.
In short, even for prospective small business owners, paying an accountant and a lawyer a few thousand dollars before the sale closes may save tens of thousands of dollars in the future.
Even with a good accountant, a prospective owner still needs a lawyer to draft the sales and indemnification agreement. Recently, a new business owner complained about being sued for actions taken by the seller. Of course, he didn't have a sales agreement. He thought he would save money by drafting his own bill of sale.
The inherited liability he incurred may damage the business and turn his ownership dream into a financial nightmare. An experienced attorney would have drafted a sales agreement with covenants and representation provisions regarding known tax liabilities, lawsuits, and other contingent liabilities. In addition, indemnification clauses would have required the former owner to reimburse the buyer for any judgments, expenses, and attorney's fees incurred as a result of enumerated pre-sale liabilities.
In short, even for prospective small business owners, paying an accountant and a lawyer a few thousand dollars before the sale closes may save tens of thousands of dollars in the future.
Tuesday, March 23, 2010
Collecting A Debt From An Ex Spouse
When a judge enters a divorce decree and orders an ex wife to pay credit card debts, a mortgage, or a car note in the husband's name, he has two options to obtain compliance with the order and collect delinquent payments.
(1) The former husband can file a motion for contempt in the originating family court. If the wife is held in contempt, the judge can order her to pay the debt by a date certain. Thereafter, if the wife ignores the order, she may be subject sanctions.
(2) The former husband can also sue the wayward spouse in civil court. This option may result in a judgment. However, it's not worth the paper it's written on if steps aren't taken to collect via garnishments and liens. This process may take several years.
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I have been divorced now for over a year and in the divorce decree my ex wife said she would assume payments on one of the joi - Divorce / Separation - Avvo.com
(1) The former husband can file a motion for contempt in the originating family court. If the wife is held in contempt, the judge can order her to pay the debt by a date certain. Thereafter, if the wife ignores the order, she may be subject sanctions.
(2) The former husband can also sue the wayward spouse in civil court. This option may result in a judgment. However, it's not worth the paper it's written on if steps aren't taken to collect via garnishments and liens. This process may take several years.
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I have been divorced now for over a year and in the divorce decree my ex wife said she would assume payments on one of the joi - Divorce / Separation - Avvo.com
Monday, March 8, 2010
can an ex wife collect life insurance proceeeds from deceased ex husband if she is not named beneficiary - Probate - Avvo.com
The question below highlights two legal concepts:
(1) When you need legal advice, seek advice from lawyers who are licensed in your state; and
(2) When a court orders an ex-spouse or other party to maintain life or health insurance, obtain the policy information, and verify, verify, verify. If the party lets the policy lapse, file a motion for contempt. Relying on the honesty of the person, may leave you without coverage.
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can an ex wife collect life insurance proceeeds from deceased ex husband if she is not named beneficiary - Probate - Avvo.com
(1) When you need legal advice, seek advice from lawyers who are licensed in your state; and
(2) When a court orders an ex-spouse or other party to maintain life or health insurance, obtain the policy information, and verify, verify, verify. If the party lets the policy lapse, file a motion for contempt. Relying on the honesty of the person, may leave you without coverage.
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can an ex wife collect life insurance proceeeds from deceased ex husband if she is not named beneficiary - Probate - Avvo.com
Sunday, February 21, 2010
Judgment Notice & Sewer Service --- What Next? (Avvo Question)
AVVO QUESTION
I have gotten several letters saying a judgement has been filed for credit card debt. can they seize my checking account
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MY ANSWER
The credit card company cannot place a lien on your property without a judgment. If the company has a judgment, you should have received proper notice of a lawsuit.
Unfortunately, many immoral debt collectors engage in sewer service. In other words, they throw the complant and summons in the garbage and file a service affidavit. This gives the debt collector the ability to file for and obtain a default judgment.
Therefore, if you believe that you were not served as is required by law, you need to file the appropriate paperwork in a timely fashion. If you simply ignored the summons and complaint and the judgment is appropriate, the attorney can file for a lien immediately. Therefore, if you take advantage of direct deposit, you should stop it immediately. If you allow automatic debits for certain of your bills, stop it and start paying with money orders. 0 0 Questions in your practice areaQuestions in your practice areaAnswer another question
Practice Area Unanswered Questions
Appeals
I have gotten several letters saying a judgement has been filed for credit card debt. can they seize my checking account
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MY ANSWER
The credit card company cannot place a lien on your property without a judgment. If the company has a judgment, you should have received proper notice of a lawsuit.
Unfortunately, many immoral debt collectors engage in sewer service. In other words, they throw the complant and summons in the garbage and file a service affidavit. This gives the debt collector the ability to file for and obtain a default judgment.
Therefore, if you believe that you were not served as is required by law, you need to file the appropriate paperwork in a timely fashion. If you simply ignored the summons and complaint and the judgment is appropriate, the attorney can file for a lien immediately. Therefore, if you take advantage of direct deposit, you should stop it immediately. If you allow automatic debits for certain of your bills, stop it and start paying with money orders. 0 0 Questions in your practice areaQuestions in your practice areaAnswer another question
Practice Area Unanswered Questions
Appeals
Thursday, December 31, 2009
Default Judgment without Service --- Act Immediately
Unscrupulous collection agencies often purchase stale debts and try to bully unsuspecting people into paying these debts. For those who don't pay, the agencies file suit against the debtors, conduct sewer service, and obtain a default judgment.
Thereafter, the debtor is shocked when he receives notice of a court judgment. If you are a victim of these creditors/collection agencies, immediately contact an attorney to file an appropriate motion to open the case. These process servers and collection agencies who engage in these illegal actions are well known to experienced trial court judges. Therefore, if you act quickly, it shouldn't be difficult to set aside the judgment.
Thereafter, the debtor is shocked when he receives notice of a court judgment. If you are a victim of these creditors/collection agencies, immediately contact an attorney to file an appropriate motion to open the case. These process servers and collection agencies who engage in these illegal actions are well known to experienced trial court judges. Therefore, if you act quickly, it shouldn't be difficult to set aside the judgment.
Thursday, December 10, 2009
Gift Card Danger
Several consumer reports have issued warnings about gift cards. For those who have not heard about gift card theft, please take a few seconds to read this post.
If you are thinking about buying gift cards this holiday season, be cognizant of the fact that your gift may not reach its intended recipient. More specifically, thieves have found a new way to steal. They find stores that have free standing gift card stands and copy the cards' control numbers. Thereafter, they go online to see if the cards have been activated. Oftentimes, there is a substantial period between the time the gift giver purchases the card and the time the gift receiver uses the card. During that dead period, thieves empty the value of card by making purchases. By the time the gift receiver goes to the store, the card's balance is zero.
Stores can easily protect the consumer by placing the cards in locked or monitored locations. Card manufacturers can create card wraps that cover control numbers. It would be similar to shrink wrap on medicines. If the wrap is broken, don't buy.
For now, if you want to give gift cards, select ones that are controlled by the cashier. Also, you can purchase gift cards online. If you should risk buying the card from an unmonitored kiosk, keep the receipt, monitor the balance online until you give the gift, and advise the gift receiver to monitor the balance.
Happy Holidays!
If you are thinking about buying gift cards this holiday season, be cognizant of the fact that your gift may not reach its intended recipient. More specifically, thieves have found a new way to steal. They find stores that have free standing gift card stands and copy the cards' control numbers. Thereafter, they go online to see if the cards have been activated. Oftentimes, there is a substantial period between the time the gift giver purchases the card and the time the gift receiver uses the card. During that dead period, thieves empty the value of card by making purchases. By the time the gift receiver goes to the store, the card's balance is zero.
Stores can easily protect the consumer by placing the cards in locked or monitored locations. Card manufacturers can create card wraps that cover control numbers. It would be similar to shrink wrap on medicines. If the wrap is broken, don't buy.
For now, if you want to give gift cards, select ones that are controlled by the cashier. Also, you can purchase gift cards online. If you should risk buying the card from an unmonitored kiosk, keep the receipt, monitor the balance online until you give the gift, and advise the gift receiver to monitor the balance.
Happy Holidays!
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