Have you been to Craigslist.com? Craig's list is a free online classified ad web site. You can do just about anything on Craig's List . You can find a date, find a job, find a maid, find a roommate and unfortunately get conned out of money. A reverse email search can help you find that Craig's list scam artist.
Craigslist was founded by Craig Newmark for people in the San Francisco area to find recourses online in one convenient place.. now it has gone world wide and has over 20 million unique visitors each day. With 30 million visitors you know that it's going to attract scams, spam and crooks.
Here's a list of known Craig's List scams:
1. Personal Ad Scams. You answer a personal ad and a spammer on the other end will trick you into joining an online dating service under the rouse that they are a member and want to meet you but feel safer if you communicate through the dating service.
2. The Over Payment Scam. You place an ad for a roommate. The buyer emails you and offers more money than you were asking. They send you a check for several months rent in advance. After you deposit the check in your bank you get an urgent message requesting a small portion of the money back due to an urgent unexpected emergency. You refund a small portion only to find out the check is bad and now the bank wants to collect from you.
3. Damsel in Distress Scam. A person posing as a woman places an ad or posting seeking help. Either she is in an abusive relationship and needs money for a bus ticket or met a man online and he flew her to a far away place and now needs a plane ticket to get back home safely.
4. Paypal Scam. A person offers to buy an item from your garage sale and will pay via Paypal and pick up the item in person. Then they contact Pay Pal and claim the merchandise was never delivered. You have no proof of delivery so Paypal reverses the transaction and deducts the money from your account.
All of these Craig List con artists can be traced down, located and identified with a professional reverse email search investigation. These con artists think they are sneaky and they believe they can cover their tracks but they are wrong. Every day professional Internet investigators use reverse email search technology to locate and identify scam artists and recover the money they stole. Most of the con men will quickly return the stolen money once they realized they have been traced and located via a reverse email search.
If you are the victim if a Craigs List con you can hire a professional investigator that specializes in a reverse email search to track down that crook and help you get your money back. Be sure to do your homework and do a Google search on the investigators name to see if they are recognized as an expert in email tracing and Internet fraud investigations.
Wednesday, October 29, 2008
Rule 37 T.A.C. on Texas Driver Licenses or Identification Cards
Proof of lawful status now required for Texas driver licenses or identification cards
Beginning Oct. 1, the Department of Public Safety will require applicants who are not U.S. citizens or lawful permanent residents of the United States to present proof of their lawful status in the U.S. before they are issued an original, renewal or duplicate Texas driver license or identification card.
Administrative rule 37 T.A.C. § 15.171 adopted on August 25, 2008, is intended to enhance the security of the Texas driver license and identification cards, protect the integrity of the licensing process and reduce the risk of identity theft and fraud. Strengthening identity and residency requirements assists DPS in issuing secure documents that are routinely used by financial institutions, retailers, law enforcement and other entities to establish the identity of their customers.
Under the new rule, the DPS will issue driver licenses or identification cards to non-U.S. citizens only when acceptable documentation has been provided to the Department to confirm the applicant's lawful status in the United States. Upon verification of lawful status in the U.S. the individual will receive a license with a Temporary Visitor designation and status date on the face of the card. The new rule also requires the cardholder to provide proof that their lawful status has been updated or extended before DPS will issue a duplicate or renewal. DPS will cancel the license or ID card if the cardholder is unable to present valid documentation that shows federal approval to remain in the United States beyond the status date.
An applicant whose lawful admission period is less than six months will not be issued a driver license or identification card.
An individual who is not legally present in the United States because he or she has entered the country without permission, or has stayed beyond the period authorized by federal authorities, will not be granted a DL or ID card.
For more detailed information on the new rule, see the following information.
Rule 37 T.A.C. 15.171 Issuance of Driver Licenses and Identification Certificates to Non-citizens
October 1, 2008.
A Citizen of the United States:
* If U.S. citizen, no documentation is needed.
A New US Citizen:
* The applicant must present:
o Birth certificate issued by the appropriate U.S. state (or District of Columbia) Bureau of Vital Statistics or equivalent agency;
o Certificate of U.S. Citizenship;
o Certificate of U.S. Naturalization;
o U.S. Citizen Identification Card; or
o Identification Card for Resident Citizen of the United States.
A Lawful Permanent Resident of the United States:
* If the applicant is a lawful permanent resident of the U.S., the applicant must present:
o Valid U.S. Dept. of State "Immigrant Visa"; or
o Valid U.S. Resident Alien Card (Form I-551)
All others who are NOT a citizen or a lawful permanent resident of the United States:
* Must present valid documentation issued by the U.S. Dept. of Justice, U.S. Dept. of State, U.S. Dept. of Homeland Security, U.S. Immigration and Naturalization Service, or U.S. Bureau of Citizenship and Immigration Services, that shows LAWFUL TEMPORARY ADMISSION to the U.S.
* If unable to present lawful status documentation, NO DL or ID card will be issued.
* If documentation indicates a lawful temporary admission period of MORE than six months the Temporary Visitor designation and status date will be printed on the card.
* If the lawful admission period in the U.S. expires in LESS than six months from the date of application, NO DL or ID card (original, renewal, or duplicate) will be issued.
* If documentation has an indefinite expiration date of lawful temporary admission ("D/S" or "Duration of Status"), the Temporary Visitor status date printed on the card will be one (1) year from the date of application.
* Prior to expiration of the Temporary Visitor status date, the applicant must present in-person at a driver license office, valid documentation of a status change or extension of stay in the U.S. and obtain a duplicate (or renewal) with an updated Temporary Visitor status date.
o If the applicant does not provide the necessary documentation and update the Temporary Visitor status date on or before the status date expiration, the card will be cancelled and the person may not operate a motor vehicle until the cancellation has been lifted.
o If the expiration date of the card expires on or before the Temporary Visitor status date, documentation will be required to update the Temporary Visitor status date when the card is renewed.
NOTE: Border Crossing cards are NOT acceptable for establishing a lawful temporary admission for a license or identification certificate.
Follow this link to receive detailed information regarding the Department's Identification policy.
Beginning Oct. 1, the Department of Public Safety will require applicants who are not U.S. citizens or lawful permanent residents of the United States to present proof of their lawful status in the U.S. before they are issued an original, renewal or duplicate Texas driver license or identification card.
Administrative rule 37 T.A.C. § 15.171 adopted on August 25, 2008, is intended to enhance the security of the Texas driver license and identification cards, protect the integrity of the licensing process and reduce the risk of identity theft and fraud. Strengthening identity and residency requirements assists DPS in issuing secure documents that are routinely used by financial institutions, retailers, law enforcement and other entities to establish the identity of their customers.
Under the new rule, the DPS will issue driver licenses or identification cards to non-U.S. citizens only when acceptable documentation has been provided to the Department to confirm the applicant's lawful status in the United States. Upon verification of lawful status in the U.S. the individual will receive a license with a Temporary Visitor designation and status date on the face of the card. The new rule also requires the cardholder to provide proof that their lawful status has been updated or extended before DPS will issue a duplicate or renewal. DPS will cancel the license or ID card if the cardholder is unable to present valid documentation that shows federal approval to remain in the United States beyond the status date.
An applicant whose lawful admission period is less than six months will not be issued a driver license or identification card.
An individual who is not legally present in the United States because he or she has entered the country without permission, or has stayed beyond the period authorized by federal authorities, will not be granted a DL or ID card.
For more detailed information on the new rule, see the following information.
Rule 37 T.A.C. 15.171 Issuance of Driver Licenses and Identification Certificates to Non-citizens
October 1, 2008.
A Citizen of the United States:
* If U.S. citizen, no documentation is needed.
A New US Citizen:
* The applicant must present:
o Birth certificate issued by the appropriate U.S. state (or District of Columbia) Bureau of Vital Statistics or equivalent agency;
o Certificate of U.S. Citizenship;
o Certificate of U.S. Naturalization;
o U.S. Citizen Identification Card; or
o Identification Card for Resident Citizen of the United States.
A Lawful Permanent Resident of the United States:
* If the applicant is a lawful permanent resident of the U.S., the applicant must present:
o Valid U.S. Dept. of State "Immigrant Visa"; or
o Valid U.S. Resident Alien Card (Form I-551)
All others who are NOT a citizen or a lawful permanent resident of the United States:
* Must present valid documentation issued by the U.S. Dept. of Justice, U.S. Dept. of State, U.S. Dept. of Homeland Security, U.S. Immigration and Naturalization Service, or U.S. Bureau of Citizenship and Immigration Services, that shows LAWFUL TEMPORARY ADMISSION to the U.S.
* If unable to present lawful status documentation, NO DL or ID card will be issued.
* If documentation indicates a lawful temporary admission period of MORE than six months the Temporary Visitor designation and status date will be printed on the card.
* If the lawful admission period in the U.S. expires in LESS than six months from the date of application, NO DL or ID card (original, renewal, or duplicate) will be issued.
* If documentation has an indefinite expiration date of lawful temporary admission ("D/S" or "Duration of Status"), the Temporary Visitor status date printed on the card will be one (1) year from the date of application.
* Prior to expiration of the Temporary Visitor status date, the applicant must present in-person at a driver license office, valid documentation of a status change or extension of stay in the U.S. and obtain a duplicate (or renewal) with an updated Temporary Visitor status date.
o If the applicant does not provide the necessary documentation and update the Temporary Visitor status date on or before the status date expiration, the card will be cancelled and the person may not operate a motor vehicle until the cancellation has been lifted.
o If the expiration date of the card expires on or before the Temporary Visitor status date, documentation will be required to update the Temporary Visitor status date when the card is renewed.
NOTE: Border Crossing cards are NOT acceptable for establishing a lawful temporary admission for a license or identification certificate.
Follow this link to receive detailed information regarding the Department's Identification policy.
Saturday, June 7, 2008
What Makes an Expert Lawyer/Attorney?
What goes on in your mind whenever you see lawyers being featured in TV programs in handsome suits, sitting in elegant desks on fancy offices, and driving luxury cars?
Have you ever thought about the amount of effort and perseverance they have gone through in terms of money, time, education, and training in order to attain the things that you see they are enjoying? If you have not realized this yet, then it would significantly change the way you think and feel towards your lawyer if you realized just how much hardship he or she has gone through to achieve his or her present status.
So what really makes a successful lawyer who is also expert on his field of specialization?
The course of training undergone by the lawyers:
Requirement in terms of formal education:
- Four years college degree
- Three years in law school
- Pass the written bar examination
Before entering a law school:
- To be accepted in a law school would mean sticking it out with the stiff competition for admission in many law schools.
- In order to succeed in law school, aspiring lawyers must develop a proficiency in the following skills:
o Speaking, Writing, Reading, Researching, Analyzing, Logical thinking
Later on, these skills must further be enhanced when in order for a lawyer to be marked as a success and an expert in his / her profession.
- A multidisciplinary background, notwithstanding the major, is always recommended for a prospective law student to possess. He or she should have taken courses in the following subjects or disciplines for they are essential and useful in the study of law:
o Public speaking, Government, Philosophy, History, English, Foreign languages, Economics, Computer science, Mathematics
Furthermore, law students who are interested in specializing in a particular area of the law need to have a strong background on a related course.
- The applicant must demonstrate an aptitude to the study of law since this is a deciding factor for most law schools in acceptance. This can be determined through the following:
o Good grades in the undergraduate course
o Passing of the Law School Admission Test (LSAT)
o Quality of the undergraduate school where applicant studied
o Work experience
o Personal interview
Upon being a law student:
During the first 11/2 years in law school, students study core law courses and the remaining time, they are given chance to choose from elective courses in specialized fields.
Practical experience is also necessary and mostly acquired by the student by continued participation in |legal clinic" activities and moot court competitions sponsored by the school. These activities enhance the students' abilities in conducting appellate arguments.
They also get to practice in handling trial cases through apprenticeship under experienced lawyers and judges. Meanwhile the law journal of the school gives them a chance to practice their writing and researching skills.
Upon graduating:
The degree of Juris Doctor (J.D.) is earned as a first professional degree of a graduate of law school. Those who are interested in specializing on a particular area of law, legal researching or teaching may still need to obtain advanced law degrees. This requires them to study for additional semester or another year of study.
Lawyers have the responsibility to continue being informed about legal and non-legal developments that have a profound effect on their practice. Continuing legal education is presently mandated by the 40 states and jurisdictions, this is carried out by most law schools, local, and State bar associations through various education courses that will help legal professionals stay updated with recent developments.
Now we know that being an attorney is such a great responsibility and thus cannot be attained in a breeze, nor is the lavish life associated with being one.
Have you ever thought about the amount of effort and perseverance they have gone through in terms of money, time, education, and training in order to attain the things that you see they are enjoying? If you have not realized this yet, then it would significantly change the way you think and feel towards your lawyer if you realized just how much hardship he or she has gone through to achieve his or her present status.
So what really makes a successful lawyer who is also expert on his field of specialization?
The course of training undergone by the lawyers:
Requirement in terms of formal education:
- Four years college degree
- Three years in law school
- Pass the written bar examination
Before entering a law school:
- To be accepted in a law school would mean sticking it out with the stiff competition for admission in many law schools.
- In order to succeed in law school, aspiring lawyers must develop a proficiency in the following skills:
o Speaking, Writing, Reading, Researching, Analyzing, Logical thinking
Later on, these skills must further be enhanced when in order for a lawyer to be marked as a success and an expert in his / her profession.
- A multidisciplinary background, notwithstanding the major, is always recommended for a prospective law student to possess. He or she should have taken courses in the following subjects or disciplines for they are essential and useful in the study of law:
o Public speaking, Government, Philosophy, History, English, Foreign languages, Economics, Computer science, Mathematics
Furthermore, law students who are interested in specializing in a particular area of the law need to have a strong background on a related course.
- The applicant must demonstrate an aptitude to the study of law since this is a deciding factor for most law schools in acceptance. This can be determined through the following:
o Good grades in the undergraduate course
o Passing of the Law School Admission Test (LSAT)
o Quality of the undergraduate school where applicant studied
o Work experience
o Personal interview
Upon being a law student:
During the first 11/2 years in law school, students study core law courses and the remaining time, they are given chance to choose from elective courses in specialized fields.
Practical experience is also necessary and mostly acquired by the student by continued participation in |legal clinic" activities and moot court competitions sponsored by the school. These activities enhance the students' abilities in conducting appellate arguments.
They also get to practice in handling trial cases through apprenticeship under experienced lawyers and judges. Meanwhile the law journal of the school gives them a chance to practice their writing and researching skills.
Upon graduating:
The degree of Juris Doctor (J.D.) is earned as a first professional degree of a graduate of law school. Those who are interested in specializing on a particular area of law, legal researching or teaching may still need to obtain advanced law degrees. This requires them to study for additional semester or another year of study.
Lawyers have the responsibility to continue being informed about legal and non-legal developments that have a profound effect on their practice. Continuing legal education is presently mandated by the 40 states and jurisdictions, this is carried out by most law schools, local, and State bar associations through various education courses that will help legal professionals stay updated with recent developments.
Now we know that being an attorney is such a great responsibility and thus cannot be attained in a breeze, nor is the lavish life associated with being one.
Bankruptcy Basics
BANKRUPTCY BASICS
The Bankruptcy Code (Title 11 of the United States Code) gives the force of law to several national policies or values. First is the value of allowing a debtor a breathing spell and a fresh start, the chance for a productive future unburdened by past debts and mistakes. Second is the value of a fair distribution of a debtor's property among creditors. The federal bankruptcy system is designed to achieve an orderly, equitable distribution of the debtor's assets under court supervision and compulsion. By contrast, state law on creditors' rights has been called "grab law." Each creditor grabs what it can, and the debtor is dismembered. The swift creditor is rewarded. The slow creditor gets nothing.
TWO TYPES OF BANKRUPTCIES: CHAPTER 7 AND CHAPTER 11
Under Chapter 7, the debtor's assets are simply liquidated. Upon filing a Chapter 7 petition, the debtor turns its keys over to a private trustee and walks out of business. The trustee is appointed by the Office of the U.S. Trustee (a part of the Justice Department that generally monitors bankruptcy proceedings). The filing of the Chapter 7 petition creates a "bankruptcy estate" that the trustee administers for the benefit of creditors. The trustee locates and liquidates everything of value that the debtor had.
Under Chapter 11, the debtor stays in possession of its assets. Its business continues. It proposes a plan of reorganization. The plan usually proposes a restructuring of debts and can affect equity. A committee of creditors may arise as a counterweight to the debtor, monitoring the debtor's handling of the business, particularly the handling of cash and equivalents, called "cash collateral." The creditors' committee may urge and participate in the debtors' development of a plan. After 120 days, during which the debtor has the exclusive right to propose a plan, the creditors' committee or an equity security holders' committee may propose a plan. The creditors' committee, viewed mainly as an interference by debtor, can nevertheless benefit the debtor. The tension created by the committee's monitoring can help debtor obtain approval for rehabilitative steps if and when debtor can show the court that the committee approves. Ultimately, in a typical Chapter 11, debtor proposes a plan and a disclosure statement. Creditors may vote against the plan, but the court may approve a plan it deems fair ("cram down"). Bankruptcy Code Section 1129(b). If debtor does not propose a plan, the case may be converted to a Chapter 7 liquidation or dismissed. An alternative to the plan process may be a sale of assets, then a liquidation.
Selecting Chapter 7 or Chapter 11- For a business contemplating bankruptcy, a key inquiry in deciding between Chapter 7 and Chapter 11 is whether the business can be rehabilitated. If the future can be better than the past, then the considerable requirements of Chapter 11 may be worthwhile. The requirements include substantial initial filings, regular reporting to U.S. Trustee, answering to creditors, and developing a plan, not to mention the expense. The demands of Chapter 11, for debtor as well as creditors, should not be underestimated. If hope for rehabilitation is gone, Chapter 7 is the option.
AUTOMATIC STAY
Creditors must stand still from the moment of filing, by virtue of the "automatic stay" (or injunction) on new lawsuits, continuation of old lawsuits, letters, and phone calls to the debtor. Bankruptcy Code Section 362(a). Relief from stay may be sought by motion. Bankruptcy Code Section 362(d). Grounds are "cause" (not defined) or, if creditor wants to act against property, the debtor has no equity in the property and the property is not necessary to an effective reorganization. Stay relief motions are expedited.
CREDITOR STATUS
Secured Creditors -The distribution scheme pays secured creditors first. Determination of secured status is important. Under Bankruptcy Code Section 506, a claim is secured to the extent of the value of the creditor's interest in the estate's interest in property. For example, the estate includes a 50 percent interest in a warehouse. The warehouse is worth a million dollars, so that the value of the estate's interest is $500,000. A creditor has a claim in the amount of $600,000, secured by the estate's interest in the warehouse. The creditor is secured to $500,000, and unsecured in the amount of $100,000.
Unsecured Creditors:
Priority Claims - Some unsecured claims have priority. Bankruptcy Code Section 507. Among these are: administrative expenses (including costs of preserving the estate and post-petition taxes on the estate, compensation of the trustee and his or her attorney, and compensation of a creditor that recovers concealed property of the estate); wages earned by an employee within 90 days before filing of the petition); and certain contributions owed to an employee benefit plan.
Other Unsecured Claims - Without priority, a claim is a general unsecured claim, vulnerable to impairment or extinguishment under Chapter 7 or Chapter 11.
INVOLUNTARY BANKRUPTCY
Most bankruptcies are voluntary, but involuntary bankruptcy may occur. Bankruptcy Code 303. For example, creditors see debtor selling off assets and distributing money to employees and shareholders to the detriment of creditors. Or creditors see debtor in a downward spiral so that creditor with a chance for 50 cents on the dollar in May will get 20 cents in September. Creditors may confer and file an involuntary petition, placing debtor in Chapter 7 or Chapter 11. If debtor has at least 12 creditors, at least three must sign the involuntary petition. Other creditors may join later. Creditors can make the petition stick if "the debtor is generally not paying such debtor's debts as such debts become due unless such debts are the subject of a bona fide dispute." Bankruptcy Code Section 303(h) (1).
THE DISCHARGE
A main goal of the voluntary bankruptcy debtor is the discharge or, for practical purposes, extinguishment of the debtor's debts. Just as the automatic stay precludes pursuit of the debtor during the pendency of the bankruptcy case, the discharge precludes creditor's recovery after the conclusion of the bankruptcy case. Judgments against the debtor are voided. The practitioner should note that a post-discharge complaint filed against debtor still must be answered; debtor pleads the discharge as an affirmative defense. During the pendency of the bankruptcy case, however, a creditor may file a complaint (a separate lawsuit under the umbrella of the main bankruptcy proceeding) to have that creditor's debt excepted from a discharge because, for example, that particular debt was obtained by fraud or is a debt arising from a fiduciary duty. Bankruptcy Code Section 523. Also, a creditor may file a complaint urging that debtor be denied a discharge of all debts because, for example, debtor has concealed property, or destroyed records necessary to determine debts, or because debtor has otherwise been uncooperative with the Bankruptcy Court. Bankruptcy Code Section 727.
PREFERENCES AND FRAUDULENT TRANSFERS
Preferences - Anticipating disaster for the business, debtor may transfer title to the warehouse to an officer of the company who had lent the company a bundle. Or debtor may simply pay a supplier 100 percent of its balance due, and days later, in bankruptcy, leave other creditors only 20 cents on the dollar. In the name of equity, a transfer of the debtor's interest in property may be avoided by the trustee or the debtor in possession as a "preference" among creditors. A preference is a transfer: (1) to or for the benefit of a creditor; (2) for an "antecedent debt" owed by the debtor before the transfer; (3) made while the debtor was insolvent; (4) made between 90 days and one year before the debtor filed bankruptcy, if the transfer is to an insider [defined in Bankruptcy Code Section 101(31)], and within 90 days before filing if the transfer was to a non-insider creditor; and (5) the creditor received more than under Chapter 7 liquidation. Bankruptcy Code Section 547(b). The transferee, receiving the bitter news that he must disgorge money fairly earned, may defend. Defenses include "a contemporaneous exchange for new value" and "ordinary course of business." Bankruptcy Code Section 547(c).
Fraudulent Transfers - A fraudulent transfer, also avoidable, is a transfer made with actual intent to hinder, delay or defraud creditors, or, regardless of intent, made for less than reasonably equivalent value. For example, when the bank is about to foreclose, the debtor may not transfer the warehouse to the president's aunt or uncle as a gift, or convey title in a "sale" for $1,000. Bankruptcy Code Section 548.
This has been a glimpse of a complex area. Subjects mentioned here, as well as others in the bankruptcy process, warrant close examination in addressing the client's particular facts.
The Bankruptcy Code (Title 11 of the United States Code) gives the force of law to several national policies or values. First is the value of allowing a debtor a breathing spell and a fresh start, the chance for a productive future unburdened by past debts and mistakes. Second is the value of a fair distribution of a debtor's property among creditors. The federal bankruptcy system is designed to achieve an orderly, equitable distribution of the debtor's assets under court supervision and compulsion. By contrast, state law on creditors' rights has been called "grab law." Each creditor grabs what it can, and the debtor is dismembered. The swift creditor is rewarded. The slow creditor gets nothing.
TWO TYPES OF BANKRUPTCIES: CHAPTER 7 AND CHAPTER 11
Under Chapter 7, the debtor's assets are simply liquidated. Upon filing a Chapter 7 petition, the debtor turns its keys over to a private trustee and walks out of business. The trustee is appointed by the Office of the U.S. Trustee (a part of the Justice Department that generally monitors bankruptcy proceedings). The filing of the Chapter 7 petition creates a "bankruptcy estate" that the trustee administers for the benefit of creditors. The trustee locates and liquidates everything of value that the debtor had.
Under Chapter 11, the debtor stays in possession of its assets. Its business continues. It proposes a plan of reorganization. The plan usually proposes a restructuring of debts and can affect equity. A committee of creditors may arise as a counterweight to the debtor, monitoring the debtor's handling of the business, particularly the handling of cash and equivalents, called "cash collateral." The creditors' committee may urge and participate in the debtors' development of a plan. After 120 days, during which the debtor has the exclusive right to propose a plan, the creditors' committee or an equity security holders' committee may propose a plan. The creditors' committee, viewed mainly as an interference by debtor, can nevertheless benefit the debtor. The tension created by the committee's monitoring can help debtor obtain approval for rehabilitative steps if and when debtor can show the court that the committee approves. Ultimately, in a typical Chapter 11, debtor proposes a plan and a disclosure statement. Creditors may vote against the plan, but the court may approve a plan it deems fair ("cram down"). Bankruptcy Code Section 1129(b). If debtor does not propose a plan, the case may be converted to a Chapter 7 liquidation or dismissed. An alternative to the plan process may be a sale of assets, then a liquidation.
Selecting Chapter 7 or Chapter 11- For a business contemplating bankruptcy, a key inquiry in deciding between Chapter 7 and Chapter 11 is whether the business can be rehabilitated. If the future can be better than the past, then the considerable requirements of Chapter 11 may be worthwhile. The requirements include substantial initial filings, regular reporting to U.S. Trustee, answering to creditors, and developing a plan, not to mention the expense. The demands of Chapter 11, for debtor as well as creditors, should not be underestimated. If hope for rehabilitation is gone, Chapter 7 is the option.
AUTOMATIC STAY
Creditors must stand still from the moment of filing, by virtue of the "automatic stay" (or injunction) on new lawsuits, continuation of old lawsuits, letters, and phone calls to the debtor. Bankruptcy Code Section 362(a). Relief from stay may be sought by motion. Bankruptcy Code Section 362(d). Grounds are "cause" (not defined) or, if creditor wants to act against property, the debtor has no equity in the property and the property is not necessary to an effective reorganization. Stay relief motions are expedited.
CREDITOR STATUS
Secured Creditors -The distribution scheme pays secured creditors first. Determination of secured status is important. Under Bankruptcy Code Section 506, a claim is secured to the extent of the value of the creditor's interest in the estate's interest in property. For example, the estate includes a 50 percent interest in a warehouse. The warehouse is worth a million dollars, so that the value of the estate's interest is $500,000. A creditor has a claim in the amount of $600,000, secured by the estate's interest in the warehouse. The creditor is secured to $500,000, and unsecured in the amount of $100,000.
Unsecured Creditors:
Priority Claims - Some unsecured claims have priority. Bankruptcy Code Section 507. Among these are: administrative expenses (including costs of preserving the estate and post-petition taxes on the estate, compensation of the trustee and his or her attorney, and compensation of a creditor that recovers concealed property of the estate); wages earned by an employee within 90 days before filing of the petition); and certain contributions owed to an employee benefit plan.
Other Unsecured Claims - Without priority, a claim is a general unsecured claim, vulnerable to impairment or extinguishment under Chapter 7 or Chapter 11.
INVOLUNTARY BANKRUPTCY
Most bankruptcies are voluntary, but involuntary bankruptcy may occur. Bankruptcy Code 303. For example, creditors see debtor selling off assets and distributing money to employees and shareholders to the detriment of creditors. Or creditors see debtor in a downward spiral so that creditor with a chance for 50 cents on the dollar in May will get 20 cents in September. Creditors may confer and file an involuntary petition, placing debtor in Chapter 7 or Chapter 11. If debtor has at least 12 creditors, at least three must sign the involuntary petition. Other creditors may join later. Creditors can make the petition stick if "the debtor is generally not paying such debtor's debts as such debts become due unless such debts are the subject of a bona fide dispute." Bankruptcy Code Section 303(h) (1).
THE DISCHARGE
A main goal of the voluntary bankruptcy debtor is the discharge or, for practical purposes, extinguishment of the debtor's debts. Just as the automatic stay precludes pursuit of the debtor during the pendency of the bankruptcy case, the discharge precludes creditor's recovery after the conclusion of the bankruptcy case. Judgments against the debtor are voided. The practitioner should note that a post-discharge complaint filed against debtor still must be answered; debtor pleads the discharge as an affirmative defense. During the pendency of the bankruptcy case, however, a creditor may file a complaint (a separate lawsuit under the umbrella of the main bankruptcy proceeding) to have that creditor's debt excepted from a discharge because, for example, that particular debt was obtained by fraud or is a debt arising from a fiduciary duty. Bankruptcy Code Section 523. Also, a creditor may file a complaint urging that debtor be denied a discharge of all debts because, for example, debtor has concealed property, or destroyed records necessary to determine debts, or because debtor has otherwise been uncooperative with the Bankruptcy Court. Bankruptcy Code Section 727.
PREFERENCES AND FRAUDULENT TRANSFERS
Preferences - Anticipating disaster for the business, debtor may transfer title to the warehouse to an officer of the company who had lent the company a bundle. Or debtor may simply pay a supplier 100 percent of its balance due, and days later, in bankruptcy, leave other creditors only 20 cents on the dollar. In the name of equity, a transfer of the debtor's interest in property may be avoided by the trustee or the debtor in possession as a "preference" among creditors. A preference is a transfer: (1) to or for the benefit of a creditor; (2) for an "antecedent debt" owed by the debtor before the transfer; (3) made while the debtor was insolvent; (4) made between 90 days and one year before the debtor filed bankruptcy, if the transfer is to an insider [defined in Bankruptcy Code Section 101(31)], and within 90 days before filing if the transfer was to a non-insider creditor; and (5) the creditor received more than under Chapter 7 liquidation. Bankruptcy Code Section 547(b). The transferee, receiving the bitter news that he must disgorge money fairly earned, may defend. Defenses include "a contemporaneous exchange for new value" and "ordinary course of business." Bankruptcy Code Section 547(c).
Fraudulent Transfers - A fraudulent transfer, also avoidable, is a transfer made with actual intent to hinder, delay or defraud creditors, or, regardless of intent, made for less than reasonably equivalent value. For example, when the bank is about to foreclose, the debtor may not transfer the warehouse to the president's aunt or uncle as a gift, or convey title in a "sale" for $1,000. Bankruptcy Code Section 548.
This has been a glimpse of a complex area. Subjects mentioned here, as well as others in the bankruptcy process, warrant close examination in addressing the client's particular facts.
Juvenile Justice: An Inconsistent Oblivion
The Juvenile Justice System works on two fronts. The system consists of two types of offenders: those who cooperatively and productively respond to consequence, and those who simply choose not to. Those who do choose to take advantage, as we know, take the responsible initiative of many a young adult, and put a considerable effort forth to make something of their lives. Those who are more reluctant are not inevitably lost, but are enveloped by a voluntary despondence. So then, we must ask ourselves, if one is not going to be influenced by consequence, then what must the system do to get the attention of these types of offenders?
The purpose of a JJS/CYFD commitment is to convey to troubled youth that no act goes without consequence, and that life can indeed be beautiful without the self-inflicted adversity that is brought upon ourselves. The Juvenile Justice System is, in one aspect, solely responsible for showing these youth that any act of disobedience is costly, whereas any act that has a positive effect can have very good consequences. But why, if the intentions are to be positive and influential, is this system so naive? Why, I ask, does the system, almighty and flawless, continually fall victim to the populations' common methods of deception? Is it not obvious that the success rate is approaching catastrophe, and the percentage of habitual offenders is off the scale? That the effectiveness of the system is, and will, deteriorate until proper measures are taken to ensure a 100% consistent effort towards the well being of today's youth? These are all questions that are not easily answered, and are rational compared to the biggest question of all: what exactly must change?
The first thing that the reader must know is that the Justice System in general is commonly perceived as flawless by societies "civilized" group. This concept can apply to all levels of justice, from the supreme court, to a federal state prison that may house potential terrorists. While this may be true for some agencies and institutions, it is definitely not so for the Juvenile Justice System as one. What these people usually don't consider is that the word "justice", when referring to JJS, applies to therapy, programming, and rehabilitation. It is not just about being in a cage; there is definitely a proactive attempt to alter; to make 'good' from 'disturbed'. But when dealing with the issue of rehabilitation, it is fair to say that the system is far from flawless. Actually, they need serious work on their system. They have a brave and courageous intent: to alter the mindset of youthful offenders, and to re-integrate murderers and sexual offenders into society.
Another thing that the reader must know is that the key to a successful operation is consistency. This concept can easily apply to everyday life. Consider this example: You change the oil 'consistently' on your vehicle for ten consecutive years. Then, one year you forget about the oil. Consequently, your vehicle becomes damaged. It is the same thing with the Juvenile Justice System. After eighteen months of close observation, I've noticed a lot of defiance and attitude coming from the general population. This extreme must only be countered with an extreme. Everywhere you turn, you can easily find drugs, gangs, thugs, and uneducated misfits literally corrupting the system. It is my well developed opinion that the key focus to correcting these types of behaviors lies within the hands of those in the administration department. Rules and programs must be implemented consistently and tenaciously to get any positive results from the offenders in the system. To consistently and tenaciously implement potential programs and faculty rules, is to seek out success and opportunity. When I mentioned methods of deception earlier in the writing, I was referring to the many manipulation techniques that the population uses to get what they want from the journeymen, or the young, inexperienced guards. I see this on a daily basis. The journeymen, or any guards who interact with the population, are just making this task easier by showing their weaknesses. The weaknesses that I am referring to are those naive ones; when the guards let the clients slip, or excuse a rule violation, this shows a weakness that will inevitably be taken advantage of by offenders. Remember, that the system has an important purpose: to alter the mindset of troubled youth, and re-integrate violent and sexual offenders back into society. If they are incapable of persistent rule implementation, how, I ask, will they be able to complete such a complicated task?
In addition to altering the offenders' mindset, it is also the responsibility of the system to convey to youth that if they become mentally enslaved to alcohol, drugs, or crime, they will not be worthy of liberty, and will very possibly become life long inmates. They need to know that there exist a particular set of behaviors that one must adhere to in order to maintain their liberty. It is honest and just to say that freedom is not necessarily free. Being liberally free requires certain behaviors. Each citizen exists in a "social contract." It is a covenant, if you will, with the rulers and authorities of our government. In this contract, everyone has particular duties to perform; a system of law, the courts, commerce, our capital, and an able military to defend us. This is called stability. The population mustn't be released until they realize that their part in this civilized world is simply to obey the law.
All of these concepts must be applied through an intricately designed system that places high priority on the rehabilitation processes of our youth. Implementing this system will require the Juvenile Justice System to establish objectives, devise appropriate policies, train employees, and allocate resources so that formulated strategies can be executed. Of course, it is impossible to demonstrate conclusively that a particular strategy is optimal or even to guarantee that it will work. One can, however, evaluate it for critical flaws. It is not necessarily the intent of this writing to propose any particular system or strategic approach, but simply to say that JJS is currently failing and that it seriously needs to consider a process as objective, logical, systematic approach for making major decisions in their department. The system should attempt to organize information in a way that allows effective decisions to be made under conditions of uncertainty. But we must understand that it is not a pure science that lends itself over; it's not a one-two-three approach. One thing that has came to my attention throughout the last eighteen months is that employees are just as naive as those in the administration department. They seem to have no purpose but to baby-sit delinquent offenders. Here are the current job descriptions of the facility staffing statewide:
JCO Journeymen: Juvenile Correctional Officer Journeymen provide care, custody supervision, treatment support and paraprofessional mentoring to juveniles in the Department's custody at CYFD operated facilities.
JCO Lead Worker: JCO Lead Workers provide all of the above client services and continue to develop their expertise in juvenile supervision. Additionally, JCO Lead Workers serve as team leaders where they may assign tasks, monitor and train entry-level JCOs.
JCO Supervisor: Supervisors in the Security & Operations career ladder provide care and custody supervision of residents in the Juvenile Corrections facilities and also directly supervise JCOs and JCO Lead Workers. JCO Supervisors often have shift unit responsibilities.
JCO Manager: JCO Managers have less client contact and greater staff supervision and assignment responsibilities. JCO Managers often have responsibility for the safe and orderly operations of an entire facility shift.
It is important that the system uses the empowerment concept. That is, the system must take initiative to strengthen employees' sense of effectiveness by encouraging them to participate in decision making and to exercise initiative and imagination, then rewarding them for doing so. Yes, believe it or not, managers and employees must also be involved in strategy formulation, implementation, and evaluation activities. This participation is another key to gaining commitment for these needed changes. And keep in mind also that whatever strategy is implemented must not become a "bureaucratic mechanism." Rather, it must be a self-reflective learning process that familiarizes managers and employees in the organization, with key issues and feasible alternatives for resolve.
The purpose of a JJS/CYFD commitment is to convey to troubled youth that no act goes without consequence, and that life can indeed be beautiful without the self-inflicted adversity that is brought upon ourselves. The Juvenile Justice System is, in one aspect, solely responsible for showing these youth that any act of disobedience is costly, whereas any act that has a positive effect can have very good consequences. But why, if the intentions are to be positive and influential, is this system so naive? Why, I ask, does the system, almighty and flawless, continually fall victim to the populations' common methods of deception? Is it not obvious that the success rate is approaching catastrophe, and the percentage of habitual offenders is off the scale? That the effectiveness of the system is, and will, deteriorate until proper measures are taken to ensure a 100% consistent effort towards the well being of today's youth? These are all questions that are not easily answered, and are rational compared to the biggest question of all: what exactly must change?
The first thing that the reader must know is that the Justice System in general is commonly perceived as flawless by societies "civilized" group. This concept can apply to all levels of justice, from the supreme court, to a federal state prison that may house potential terrorists. While this may be true for some agencies and institutions, it is definitely not so for the Juvenile Justice System as one. What these people usually don't consider is that the word "justice", when referring to JJS, applies to therapy, programming, and rehabilitation. It is not just about being in a cage; there is definitely a proactive attempt to alter; to make 'good' from 'disturbed'. But when dealing with the issue of rehabilitation, it is fair to say that the system is far from flawless. Actually, they need serious work on their system. They have a brave and courageous intent: to alter the mindset of youthful offenders, and to re-integrate murderers and sexual offenders into society.
Another thing that the reader must know is that the key to a successful operation is consistency. This concept can easily apply to everyday life. Consider this example: You change the oil 'consistently' on your vehicle for ten consecutive years. Then, one year you forget about the oil. Consequently, your vehicle becomes damaged. It is the same thing with the Juvenile Justice System. After eighteen months of close observation, I've noticed a lot of defiance and attitude coming from the general population. This extreme must only be countered with an extreme. Everywhere you turn, you can easily find drugs, gangs, thugs, and uneducated misfits literally corrupting the system. It is my well developed opinion that the key focus to correcting these types of behaviors lies within the hands of those in the administration department. Rules and programs must be implemented consistently and tenaciously to get any positive results from the offenders in the system. To consistently and tenaciously implement potential programs and faculty rules, is to seek out success and opportunity. When I mentioned methods of deception earlier in the writing, I was referring to the many manipulation techniques that the population uses to get what they want from the journeymen, or the young, inexperienced guards. I see this on a daily basis. The journeymen, or any guards who interact with the population, are just making this task easier by showing their weaknesses. The weaknesses that I am referring to are those naive ones; when the guards let the clients slip, or excuse a rule violation, this shows a weakness that will inevitably be taken advantage of by offenders. Remember, that the system has an important purpose: to alter the mindset of troubled youth, and re-integrate violent and sexual offenders back into society. If they are incapable of persistent rule implementation, how, I ask, will they be able to complete such a complicated task?
In addition to altering the offenders' mindset, it is also the responsibility of the system to convey to youth that if they become mentally enslaved to alcohol, drugs, or crime, they will not be worthy of liberty, and will very possibly become life long inmates. They need to know that there exist a particular set of behaviors that one must adhere to in order to maintain their liberty. It is honest and just to say that freedom is not necessarily free. Being liberally free requires certain behaviors. Each citizen exists in a "social contract." It is a covenant, if you will, with the rulers and authorities of our government. In this contract, everyone has particular duties to perform; a system of law, the courts, commerce, our capital, and an able military to defend us. This is called stability. The population mustn't be released until they realize that their part in this civilized world is simply to obey the law.
All of these concepts must be applied through an intricately designed system that places high priority on the rehabilitation processes of our youth. Implementing this system will require the Juvenile Justice System to establish objectives, devise appropriate policies, train employees, and allocate resources so that formulated strategies can be executed. Of course, it is impossible to demonstrate conclusively that a particular strategy is optimal or even to guarantee that it will work. One can, however, evaluate it for critical flaws. It is not necessarily the intent of this writing to propose any particular system or strategic approach, but simply to say that JJS is currently failing and that it seriously needs to consider a process as objective, logical, systematic approach for making major decisions in their department. The system should attempt to organize information in a way that allows effective decisions to be made under conditions of uncertainty. But we must understand that it is not a pure science that lends itself over; it's not a one-two-three approach. One thing that has came to my attention throughout the last eighteen months is that employees are just as naive as those in the administration department. They seem to have no purpose but to baby-sit delinquent offenders. Here are the current job descriptions of the facility staffing statewide:
JCO Journeymen: Juvenile Correctional Officer Journeymen provide care, custody supervision, treatment support and paraprofessional mentoring to juveniles in the Department's custody at CYFD operated facilities.
JCO Lead Worker: JCO Lead Workers provide all of the above client services and continue to develop their expertise in juvenile supervision. Additionally, JCO Lead Workers serve as team leaders where they may assign tasks, monitor and train entry-level JCOs.
JCO Supervisor: Supervisors in the Security & Operations career ladder provide care and custody supervision of residents in the Juvenile Corrections facilities and also directly supervise JCOs and JCO Lead Workers. JCO Supervisors often have shift unit responsibilities.
JCO Manager: JCO Managers have less client contact and greater staff supervision and assignment responsibilities. JCO Managers often have responsibility for the safe and orderly operations of an entire facility shift.
It is important that the system uses the empowerment concept. That is, the system must take initiative to strengthen employees' sense of effectiveness by encouraging them to participate in decision making and to exercise initiative and imagination, then rewarding them for doing so. Yes, believe it or not, managers and employees must also be involved in strategy formulation, implementation, and evaluation activities. This participation is another key to gaining commitment for these needed changes. And keep in mind also that whatever strategy is implemented must not become a "bureaucratic mechanism." Rather, it must be a self-reflective learning process that familiarizes managers and employees in the organization, with key issues and feasible alternatives for resolve.
The Federal MediCare Insurance Benefits
The Medicare program is one of the health insurance programs of the federal government for the elderly and disabled. It is administered by the Centers for Medicare and Medicaid Services (CMS).
The following will give you some important facts about the said program. Yet, it is still highly advisable to seek the aid of a medicare insurance attorney for proper assistance and representation.
Under the law, the program provides benefits for the following persons:
• Those who have reached age 65 and are entitled to receive social security or railroad retirement benefits
• Disabled individuals of any age who have received social security or railroad disability benefits for at least two years
Other people may be eligible and participate in the program. They include:
• Persons eligible for social security benefits who have end-stage renal disease and require kidney dialysis treatment
Medicare pays or reimburses qualifying health care providers for specific medical services. There are two separate programs:
1. Medicare Part A - Also known as the Hospital Insurance Program, it provides beneficiaries with coverage for mostly hospital-related claims, such as:
• Persons over age 65 who are not eligible for either social security or railroad retirement benefits who purchase monthly Medicare insurance coverage
• Inpatient hospital care
• Limited post-hospital skilled nursing facility
• Home health care
• Hospice care
2. Medicare Part B – Known as the Supplementary Medical Insurance Program, it focuses on medical costs other than hospitalization, such as:
• Physician and surgical services
• Diagnostic tests
• Home health care
• Physical, speech and occupational therapy
• Medical supplies
• Durable medical equipment
• Ambulance services
• Some preventive care services
Getting part B coverage is optional but each program requires different deductible and co-payment amounts.
The program also offers new plans for eligible members under the MedicarePlus Choice Program. Under this, any individual who is entitled to benefits under Part A and enrolled under Part B can choose from several types of health insurance plans. These include the following:
• Coordinated Care Plans such as health maintenance organizations (HMOs), preferred provider organizations (PPO), and provider-sponsored organizations (PSO)
• Private Fee-for-Service Plans
• Medical Savings Accounts (MSAs)
Aside from that, there are other plans available for people under the federal program.
1. Medigap Plans
The Medicare supplemental insurance ("Medigap") plans provide coverage for:
• Medicare deductible and co-payment amounts
• Some health services not covered by Medicare
2. Qualified Medicare Beneficiary program (QMB)
3. Selected Low-Income Medicare Beneficiaries program ("SLMB")
The two latter plans may also provide payment for Medicare deductibles and co-payments to qualified individuals.
Medicare Exclusions
However, there are certain services not covered by the Medicare program. These include the following:
• Custodial nursing home care
• Most outpatient prescription drugs
• Routine physical examinations
• Routine eye examinations and eyeglasses
• Hearing examinations and hearing aids
• Routine dental services
• Routine foot care and orthopedic shoes
• Most immunizations
• Personal convenience items
• Cosmetic surgery
The social security administration allows individuals to have legal representation when pursuing their claims and benefits. In fact, getting the services of a medicare insurance attorney with a deep sense of professionalism can improve your chances of obtaining the claims that you deserved.
Further information about your medicare insurance benefits may be found at our Social Security Law attorneys’ website at http://www.socialsecuritylawattorney.com/Medicare-Insurance.html . We also provide free case evaluation services for our clients.
The following will give you some important facts about the said program. Yet, it is still highly advisable to seek the aid of a medicare insurance attorney for proper assistance and representation.
Under the law, the program provides benefits for the following persons:
• Those who have reached age 65 and are entitled to receive social security or railroad retirement benefits
• Disabled individuals of any age who have received social security or railroad disability benefits for at least two years
Other people may be eligible and participate in the program. They include:
• Persons eligible for social security benefits who have end-stage renal disease and require kidney dialysis treatment
Medicare pays or reimburses qualifying health care providers for specific medical services. There are two separate programs:
1. Medicare Part A - Also known as the Hospital Insurance Program, it provides beneficiaries with coverage for mostly hospital-related claims, such as:
• Persons over age 65 who are not eligible for either social security or railroad retirement benefits who purchase monthly Medicare insurance coverage
• Inpatient hospital care
• Limited post-hospital skilled nursing facility
• Home health care
• Hospice care
2. Medicare Part B – Known as the Supplementary Medical Insurance Program, it focuses on medical costs other than hospitalization, such as:
• Physician and surgical services
• Diagnostic tests
• Home health care
• Physical, speech and occupational therapy
• Medical supplies
• Durable medical equipment
• Ambulance services
• Some preventive care services
Getting part B coverage is optional but each program requires different deductible and co-payment amounts.
The program also offers new plans for eligible members under the MedicarePlus Choice Program. Under this, any individual who is entitled to benefits under Part A and enrolled under Part B can choose from several types of health insurance plans. These include the following:
• Coordinated Care Plans such as health maintenance organizations (HMOs), preferred provider organizations (PPO), and provider-sponsored organizations (PSO)
• Private Fee-for-Service Plans
• Medical Savings Accounts (MSAs)
Aside from that, there are other plans available for people under the federal program.
1. Medigap Plans
The Medicare supplemental insurance ("Medigap") plans provide coverage for:
• Medicare deductible and co-payment amounts
• Some health services not covered by Medicare
2. Qualified Medicare Beneficiary program (QMB)
3. Selected Low-Income Medicare Beneficiaries program ("SLMB")
The two latter plans may also provide payment for Medicare deductibles and co-payments to qualified individuals.
Medicare Exclusions
However, there are certain services not covered by the Medicare program. These include the following:
• Custodial nursing home care
• Most outpatient prescription drugs
• Routine physical examinations
• Routine eye examinations and eyeglasses
• Hearing examinations and hearing aids
• Routine dental services
• Routine foot care and orthopedic shoes
• Most immunizations
• Personal convenience items
• Cosmetic surgery
The social security administration allows individuals to have legal representation when pursuing their claims and benefits. In fact, getting the services of a medicare insurance attorney with a deep sense of professionalism can improve your chances of obtaining the claims that you deserved.
Further information about your medicare insurance benefits may be found at our Social Security Law attorneys’ website at http://www.socialsecuritylawattorney.com/Medicare-Insurance.html . We also provide free case evaluation services for our clients.
Five Major Ways Of Attaining Legal Residence In The United States
There are several ways of attaining legal residence in the United States. In this lead article, I will discuss what I consider to be the five major routes to legal residence, namely, family based visas, study visas, work visas, asylum and refugee status and the diversity visa program. In the rest of this article, I will summarize each one of them.
It should be noted that within one of the categories you can have a further classification as to whether the visa is an immigrant or non-immigrant. A non-immigrant visa is one that allows an alien to be resident in the United States for a short period of time for a particular purpose. A study visa is a good example of a non-immigrant visa. On the other hand, an immigrant visa allows the recipient to be resident in the United States for the long term, for example the Diversity Visa Program.
1. Family-based immigrants
Spouse of US Citizen
If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. You can file an immigrant Petition for Alien Relative; Form I-130 or Nonimmigrant visa for spouse (K-3); Form I-129. It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case.
Fiancé of US Citizen
A fiancé is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place. In general, the two people must have met in person within the past two years. The Department of Homeland Security's U.S. Citizenship and Immigration Services grants some exceptions to this requirement. For example, it may be contrary in some traditions for a man and woman to meet before marriage.
You must file the Petition for Alien Fiancé, Form I-129F, with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. See the Department of Homeland Security's USCIS Field Offices for information on where you can file the petition. After the USCIS approves the petition, it sends the petition to National Visa Center for processing, prior to sending it to the embassy or consulate where your fiancé will apply for a K-1 nonimmigrant visa for a fiancé.
2. Study Visas
Every year, hundreds of thousands of people come to study in the United States from all over the world. This provides diversity to the US classroom, and makes a US education so vital in broadening each student’s world view. The Immigration and Nationality Act provides two nonimmigrant visa categories for persons wishing to study in the United States. The "F" visa is reserved for non-immigrants wishing to pursue academic studies and/or language training programs, and the "M" visa is reserved for non-immigrants wishing to pursue nonacademic or vocational studies.
You first must apply to study at a USCIS-approved school in the United States. When you contact a school that you are interested in attending, you should be told immediately if the school accepts foreign national students. If you are accepted, the school should give you USCIS Form I-20 A-B/ID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students) or Form I-20 M-N/ID (Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational Students), which you will need to apply for your student visa.
3. Work Visas
a.I-129 Non-immigrant Petition for Temporary Workers
Employers who wish to hire foreign workers to temporarily perform services or labor or to receive training may file an I-129 petition. Form I-129 is mainly used for non-immigrant categories; thus, in most cases, workers who enter the United States under this petition must depart the U.S. when their maximum period of stay has been reached. Form I-129 may also be used to petition for an extension of stay or change of status for certain non-immigrants.
There are many categories of workers who are temporary visitors and who may be petitioned for on the I-129. The most common visa for temporary workers is the H-B, which is normally valid for 3 years and is renewable for a maximum of 6 years.
b.I-140, Immigrant Petition for Alien Worker
Form I-140 is used for an immigrant visa petition, meaning the petitioner intends to relocate to the United States for the long term. This is in contrast to Form I-129 which is used for temporary workers. However, the petitioner has to meet a very high standard of excellence in their field of endeavor.
U.S. employer may file this petition for an outstanding professor or researcher, with at least three years of experience in teaching or research in the academic area, who is recognized internationally as outstanding and is a member of the profession holding an advanced degree or is claiming exceptional ability in the sciences, arts, or business, and is seeking an exemption of the requirement of a job offer in the national interest.
4. Refugees and Asylees
If you are currently in the United States and you have a risk of persecution for your political opinion or for belonging to a particular social group in your home country, you may be eligible to apply for asylum. If you currently outside the United States and face a similar danger of persecution you may be eligible to apply for protection by the United States as a refugee.
In order to qualify for asylum, you must establish that you are a refugee who is unable or unwilling to return to his or her country of nationality, or last habitual residence in the case of a person having no nationality, because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion. This means that you must establish that race, religion, nationality, membership in a particular social group or political opinion was or will be at least one central reason for your persecution or why you fear persecution. The US law that provides for the asylum benefit for persecuted aliens is 8 CFR PART 208. If you are granted asylum, you and any eligible spouse or child included in your application will be permitted to remain and work in the United States and may eventually adjust to lawful permanent resident status.
5. Diversity Visa Program
Every year, thousands of people from all over the world are given an opportunity to become US residents, in a deliberate program to promote immigration. This program reinforces the fact that the United States is a nation of immigrants and that despites security challenges in the last few years, remains open to welcome visitors and residents from foreign lands.
The Diversity Visa Program is a congressionally mandated program that makes available 50,000 to 55,000 permanent resident visas annually, drawn from random selection among all entries to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States. It is free to submit the application, anybody or organization that solicit a fee from you must disclose that they are charging you a fee for their services in assisting you file the application, and non of the fees charged will be forwarded to the Diversity Visa Program, because it is free.
For latest information, prospective applicants should check the Diversity Visa Program website at http://www.dvlottery.state.gov Information about the program for each particular year is normally available at the State Department website in the second half of the year, the next program will be the DV-2010 and information should be available in late 2008.
It should be noted that within one of the categories you can have a further classification as to whether the visa is an immigrant or non-immigrant. A non-immigrant visa is one that allows an alien to be resident in the United States for a short period of time for a particular purpose. A study visa is a good example of a non-immigrant visa. On the other hand, an immigrant visa allows the recipient to be resident in the United States for the long term, for example the Diversity Visa Program.
1. Family-based immigrants
Spouse of US Citizen
If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. You can file an immigrant Petition for Alien Relative; Form I-130 or Nonimmigrant visa for spouse (K-3); Form I-129. It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case.
Fiancé of US Citizen
A fiancé is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place. In general, the two people must have met in person within the past two years. The Department of Homeland Security's U.S. Citizenship and Immigration Services grants some exceptions to this requirement. For example, it may be contrary in some traditions for a man and woman to meet before marriage.
You must file the Petition for Alien Fiancé, Form I-129F, with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. See the Department of Homeland Security's USCIS Field Offices for information on where you can file the petition. After the USCIS approves the petition, it sends the petition to National Visa Center for processing, prior to sending it to the embassy or consulate where your fiancé will apply for a K-1 nonimmigrant visa for a fiancé.
2. Study Visas
Every year, hundreds of thousands of people come to study in the United States from all over the world. This provides diversity to the US classroom, and makes a US education so vital in broadening each student’s world view. The Immigration and Nationality Act provides two nonimmigrant visa categories for persons wishing to study in the United States. The "F" visa is reserved for non-immigrants wishing to pursue academic studies and/or language training programs, and the "M" visa is reserved for non-immigrants wishing to pursue nonacademic or vocational studies.
You first must apply to study at a USCIS-approved school in the United States. When you contact a school that you are interested in attending, you should be told immediately if the school accepts foreign national students. If you are accepted, the school should give you USCIS Form I-20 A-B/ID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students) or Form I-20 M-N/ID (Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational Students), which you will need to apply for your student visa.
3. Work Visas
a.I-129 Non-immigrant Petition for Temporary Workers
Employers who wish to hire foreign workers to temporarily perform services or labor or to receive training may file an I-129 petition. Form I-129 is mainly used for non-immigrant categories; thus, in most cases, workers who enter the United States under this petition must depart the U.S. when their maximum period of stay has been reached. Form I-129 may also be used to petition for an extension of stay or change of status for certain non-immigrants.
There are many categories of workers who are temporary visitors and who may be petitioned for on the I-129. The most common visa for temporary workers is the H-B, which is normally valid for 3 years and is renewable for a maximum of 6 years.
b.I-140, Immigrant Petition for Alien Worker
Form I-140 is used for an immigrant visa petition, meaning the petitioner intends to relocate to the United States for the long term. This is in contrast to Form I-129 which is used for temporary workers. However, the petitioner has to meet a very high standard of excellence in their field of endeavor.
U.S. employer may file this petition for an outstanding professor or researcher, with at least three years of experience in teaching or research in the academic area, who is recognized internationally as outstanding and is a member of the profession holding an advanced degree or is claiming exceptional ability in the sciences, arts, or business, and is seeking an exemption of the requirement of a job offer in the national interest.
4. Refugees and Asylees
If you are currently in the United States and you have a risk of persecution for your political opinion or for belonging to a particular social group in your home country, you may be eligible to apply for asylum. If you currently outside the United States and face a similar danger of persecution you may be eligible to apply for protection by the United States as a refugee.
In order to qualify for asylum, you must establish that you are a refugee who is unable or unwilling to return to his or her country of nationality, or last habitual residence in the case of a person having no nationality, because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion. This means that you must establish that race, religion, nationality, membership in a particular social group or political opinion was or will be at least one central reason for your persecution or why you fear persecution. The US law that provides for the asylum benefit for persecuted aliens is 8 CFR PART 208. If you are granted asylum, you and any eligible spouse or child included in your application will be permitted to remain and work in the United States and may eventually adjust to lawful permanent resident status.
5. Diversity Visa Program
Every year, thousands of people from all over the world are given an opportunity to become US residents, in a deliberate program to promote immigration. This program reinforces the fact that the United States is a nation of immigrants and that despites security challenges in the last few years, remains open to welcome visitors and residents from foreign lands.
The Diversity Visa Program is a congressionally mandated program that makes available 50,000 to 55,000 permanent resident visas annually, drawn from random selection among all entries to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States. It is free to submit the application, anybody or organization that solicit a fee from you must disclose that they are charging you a fee for their services in assisting you file the application, and non of the fees charged will be forwarded to the Diversity Visa Program, because it is free.
For latest information, prospective applicants should check the Diversity Visa Program website at http://www.dvlottery.state.gov Information about the program for each particular year is normally available at the State Department website in the second half of the year, the next program will be the DV-2010 and information should be available in late 2008.
How to Avoid Failure and Succeed In Business
Many people dream of putting up their businesses and managing it by themselves. The idea of being your own boss and managing your own time lure many to engage in any business enterprise. But entering into business without the acquired knowledge and skills to run it may lead to failure and disappointment.
To avoid failure in business, you should remember the following fatal errors:
• Overexpansion
• Poor capital structure
• Overspending
• Lack of reserve funds
• Bad business location
• Poor execution and internal controls
• Inadequate business plan
• Unable to adapt to the times
• Ineffective marketing and self-promotion
• Underestimating the competition
One way of securing success in running your business is come up with a good structure. To determine the structure that suits your business, you need to consult a corporate lawyer who has knowledge of the current issues involving the legalities in doing business in Los Angeles.
Here are some types of business structures that you may consider in establishing a business:
1. Sole Proprietorship – This is the simplest, most basic business structure. The owner bears the entire responsibility for the business and reaps its rewards. You are your business. In many places, if you are offering a service like gardening, you don’t need to do anything more than name your business after yourself and it’s considered established.
2. General Partnership - If you take on a partner or two you share your rights and duties. General Partners are personally liable for the debts and obligations of the business. General partners are considered co-owners of a going for profit business.
The most important factor in determining whether a business is a partnership is determining whether the partners share profits and management decisions or not. The agreement to form this could be in writing or oral. A corporate lawyer is needed to draft the necessary documents of partnership agreement,
3. Limited Partnership - As your company grows, you’re next step could be a Limited Partnership, which has two types of partners, general as outlined above and limited who do not participate in management decisions and aren’t liable for partnership debts past their contribution of capital. This agreement must be in writing.
4. Limited Liability Company - An LLC is separate legal entities distinct from its members which can sue or be sued enter into contracts or hold property. The owners of an LLC are usually called members and are not personally liable for the debts of the LLC past their contribution, yet they can take a hand in management. It is governed by the laws of the state in which it is established.
5. Corporation – this is effectively an artificial person and is responsible for its own debts and contracts. Shareholders are only liable to the extent of their own investments. Shares can be freely transferred. Corporations are considered immortal. They are run by a board of directors that appoints formal managers. They come in many flavors including non-profit and for profit; public and private; publicly closely held and professional corporations. These are governed by state laws.
Unless you have decided on starting simply and establishing yourself as a sole owner or proprietor, it is time to confer with a corporate lawyers in Los Angeles to see which business structure is best for you.
To avoid failure in business, you should remember the following fatal errors:
• Overexpansion
• Poor capital structure
• Overspending
• Lack of reserve funds
• Bad business location
• Poor execution and internal controls
• Inadequate business plan
• Unable to adapt to the times
• Ineffective marketing and self-promotion
• Underestimating the competition
One way of securing success in running your business is come up with a good structure. To determine the structure that suits your business, you need to consult a corporate lawyer who has knowledge of the current issues involving the legalities in doing business in Los Angeles.
Here are some types of business structures that you may consider in establishing a business:
1. Sole Proprietorship – This is the simplest, most basic business structure. The owner bears the entire responsibility for the business and reaps its rewards. You are your business. In many places, if you are offering a service like gardening, you don’t need to do anything more than name your business after yourself and it’s considered established.
2. General Partnership - If you take on a partner or two you share your rights and duties. General Partners are personally liable for the debts and obligations of the business. General partners are considered co-owners of a going for profit business.
The most important factor in determining whether a business is a partnership is determining whether the partners share profits and management decisions or not. The agreement to form this could be in writing or oral. A corporate lawyer is needed to draft the necessary documents of partnership agreement,
3. Limited Partnership - As your company grows, you’re next step could be a Limited Partnership, which has two types of partners, general as outlined above and limited who do not participate in management decisions and aren’t liable for partnership debts past their contribution of capital. This agreement must be in writing.
4. Limited Liability Company - An LLC is separate legal entities distinct from its members which can sue or be sued enter into contracts or hold property. The owners of an LLC are usually called members and are not personally liable for the debts of the LLC past their contribution, yet they can take a hand in management. It is governed by the laws of the state in which it is established.
5. Corporation – this is effectively an artificial person and is responsible for its own debts and contracts. Shareholders are only liable to the extent of their own investments. Shares can be freely transferred. Corporations are considered immortal. They are run by a board of directors that appoints formal managers. They come in many flavors including non-profit and for profit; public and private; publicly closely held and professional corporations. These are governed by state laws.
Unless you have decided on starting simply and establishing yourself as a sole owner or proprietor, it is time to confer with a corporate lawyers in Los Angeles to see which business structure is best for you.
An Overview on Motor Vehicle Accidents
For the recent years, our court system has been receiving considerable number of personal injury lawsuits resulting from motor vehicle accidents. This is very much evident on the daily news reports about the accounts of tragic vehicle collisions. In fact, the National Highway Traffic Safety Administration (NHTSA) affirmed that a car accident occur every ten seconds.
In California and in most states in the U.S. wherein “no fault” legislation has not yet been adopted, these occurrences are under the law of negligence. Meaning, any person, who has been proven to operate his vehicle without due care, is required to pay his injured victim for any harm or damages that resulted from his action or inaction.
Because of this, motor vehicle owners and drivers should be considerate enough to exercise “reasonable care” especially when traveling along the busy streets and thoroughfares. That is, if they do not want to face the various penalties and legal obligations that may emerge.
Causes of Vehicular accidents
According to the reported incidents, these dealings have been the major causes of vehicular accidents:
• Speeding beyond the allowable and posted limit set based on the traffic condition
• Inappropriate or too much lane changing
• Driving under the influence of alcohol or any illegal substance
• Tailgating
• Rubbernecking
• Unnecessary operation of stereo systems
• Too much conversation with other passengers
• Improper use of cell phones
• Failure to abide by the road signs and warnings
In some cases, traffic accidents have been caused by other reasons that are not related to the drivers’ actions. These are:
• Motor vehicle defects – in this particular case, the injured victims may sue the automobile manufacturer or supplier under the product liability law
• Poorly maintained roads and traffic control malfunction – this instance may entitle the injured victims to file charges against certain government entities. However, these cases are under special rules and definitely necessitate the assistance of motor vehicle accident lawyers for proper legal advice.
Legal Procedures
In any court arguments, the plaintiffs always carry the “burden of proof.” This means they must substantiate their allegations before they may obtain suitable compensation. In a road collision, the plaintiff has to establish these elements of his case:
• The defendant has been neglectful in operating his vehicle
• Such carelessness has been the proximate cause of the accident
• He has incurred injuries or damages from the accident
• He has not violated any traffic rules when the accident transpired
If he was able to convince the court that these elements are factual, the defendant may then be obliged by the judge to pay him compensatory damages for his:
• Physical pain and suffering
• Emotional distress
• Hospital and other treatment expenses
• Loss of wages
• Damage to property
• Lawyer’s fees
Seeking the Aid of a Competent Lawyer
The legal procedure in filing personal injury lawsuits can be very complicated since the injured victims may have limited knowledge about the associated law provisions. Thus, it is just proper for them to hire experienced motor vehicle accident lawyers in order to have better chances of winning their legal battle.
With a lawyer’s adequate understanding and skills in managing vehicle accident litigations, the injured victims do not have to worry much on their claims. Rather, they will have more time to spend with their families while waiting for their injuries to completely heal.
In California and in most states in the U.S. wherein “no fault” legislation has not yet been adopted, these occurrences are under the law of negligence. Meaning, any person, who has been proven to operate his vehicle without due care, is required to pay his injured victim for any harm or damages that resulted from his action or inaction.
Because of this, motor vehicle owners and drivers should be considerate enough to exercise “reasonable care” especially when traveling along the busy streets and thoroughfares. That is, if they do not want to face the various penalties and legal obligations that may emerge.
Causes of Vehicular accidents
According to the reported incidents, these dealings have been the major causes of vehicular accidents:
• Speeding beyond the allowable and posted limit set based on the traffic condition
• Inappropriate or too much lane changing
• Driving under the influence of alcohol or any illegal substance
• Tailgating
• Rubbernecking
• Unnecessary operation of stereo systems
• Too much conversation with other passengers
• Improper use of cell phones
• Failure to abide by the road signs and warnings
In some cases, traffic accidents have been caused by other reasons that are not related to the drivers’ actions. These are:
• Motor vehicle defects – in this particular case, the injured victims may sue the automobile manufacturer or supplier under the product liability law
• Poorly maintained roads and traffic control malfunction – this instance may entitle the injured victims to file charges against certain government entities. However, these cases are under special rules and definitely necessitate the assistance of motor vehicle accident lawyers for proper legal advice.
Legal Procedures
In any court arguments, the plaintiffs always carry the “burden of proof.” This means they must substantiate their allegations before they may obtain suitable compensation. In a road collision, the plaintiff has to establish these elements of his case:
• The defendant has been neglectful in operating his vehicle
• Such carelessness has been the proximate cause of the accident
• He has incurred injuries or damages from the accident
• He has not violated any traffic rules when the accident transpired
If he was able to convince the court that these elements are factual, the defendant may then be obliged by the judge to pay him compensatory damages for his:
• Physical pain and suffering
• Emotional distress
• Hospital and other treatment expenses
• Loss of wages
• Damage to property
• Lawyer’s fees
Seeking the Aid of a Competent Lawyer
The legal procedure in filing personal injury lawsuits can be very complicated since the injured victims may have limited knowledge about the associated law provisions. Thus, it is just proper for them to hire experienced motor vehicle accident lawyers in order to have better chances of winning their legal battle.
With a lawyer’s adequate understanding and skills in managing vehicle accident litigations, the injured victims do not have to worry much on their claims. Rather, they will have more time to spend with their families while waiting for their injuries to completely heal.
Hiring SSD Attorneys can be Beneficial
Duties and Capabilities
Unlike what other people who are pursuing their disability claims think, Social Security Disability attorneys do have their advantageous functions in having a successful case.
First, SSD attorneys or representatives have the capability to determine whether an applicant is eligible for disability benefit programs of the Social Security Administration or not. Hence, they also make sure that a disabled person has applied for all the programs they are qualified. With these, the SSA offices have no reasons for losing their files and not processing their applications on time.
An advocate can also determine if a claimant are qualified to reopen his previous petitions. In some instances, a reopened old application can qualify a disabled person for back benefits, thereby increasing his collections.
Furthermore, these experienced representatives can evaluate cases and give their advices on how to formulate a strategy to gain successful results. These plans may include the following:
• Preparing the needed documents such as the client’s birth certificate and Social Security Number
• Gathering the applicant’s medical records from hospitals, clinics and private doctors who provide him treatment and medication
• Bring the applicant to other expert doctors to further enhance the credibility of the medical findings
• Teach the applicant on how to respond to the Social Security Adjuster’s questions
• Further explain to the disabled applicant about the Social Security procedures to prevent mistakes and misjudgments
More importantly, the disabled person may have more time for his medical treatment without much worry on the status of his disability benefits application.
Fees Payment under Contingency Basis
Another advantage in getting the aid of SSD attorneys in filing disability claims is that most of them work on a contingent basis. This means, a Social Security Disability benefits applicant will only has to pay his attorney’s fees if he has able to win the case and already get his money from the SSA.
Generally, Social Security representatives charge their clients around 25% to 40% of the total collected money or depending on the amount of the money collected. Compared to how much the applicant may acquire in winning a case, such charges are just fair enough considering the time and efforts an attorney may lose if they failed to have a case approval.
With this type of payment plan, the disabled clients should not have to worry on where to get money to pay his attorney especially if he loss his case.
How to Find Dependable SSD Attorneys
In searching for the right attorney to handle a disability claim, one must take a lot of caution. Not all attorneys have sufficient knowledge about Social Security laws and procedures. Some of them have yet to experience handling these particular types of cases.
Thus, it is vital to look at the attorney’s background before appointing him to represent claim cases. Examine closely his record of winnings and probably ask if he also work on a contingency basis. In so doing these will make sure that a disabled applicant will hire the best representative for his Social Security Disability claim.
Unlike what other people who are pursuing their disability claims think, Social Security Disability attorneys do have their advantageous functions in having a successful case.
First, SSD attorneys or representatives have the capability to determine whether an applicant is eligible for disability benefit programs of the Social Security Administration or not. Hence, they also make sure that a disabled person has applied for all the programs they are qualified. With these, the SSA offices have no reasons for losing their files and not processing their applications on time.
An advocate can also determine if a claimant are qualified to reopen his previous petitions. In some instances, a reopened old application can qualify a disabled person for back benefits, thereby increasing his collections.
Furthermore, these experienced representatives can evaluate cases and give their advices on how to formulate a strategy to gain successful results. These plans may include the following:
• Preparing the needed documents such as the client’s birth certificate and Social Security Number
• Gathering the applicant’s medical records from hospitals, clinics and private doctors who provide him treatment and medication
• Bring the applicant to other expert doctors to further enhance the credibility of the medical findings
• Teach the applicant on how to respond to the Social Security Adjuster’s questions
• Further explain to the disabled applicant about the Social Security procedures to prevent mistakes and misjudgments
More importantly, the disabled person may have more time for his medical treatment without much worry on the status of his disability benefits application.
Fees Payment under Contingency Basis
Another advantage in getting the aid of SSD attorneys in filing disability claims is that most of them work on a contingent basis. This means, a Social Security Disability benefits applicant will only has to pay his attorney’s fees if he has able to win the case and already get his money from the SSA.
Generally, Social Security representatives charge their clients around 25% to 40% of the total collected money or depending on the amount of the money collected. Compared to how much the applicant may acquire in winning a case, such charges are just fair enough considering the time and efforts an attorney may lose if they failed to have a case approval.
With this type of payment plan, the disabled clients should not have to worry on where to get money to pay his attorney especially if he loss his case.
How to Find Dependable SSD Attorneys
In searching for the right attorney to handle a disability claim, one must take a lot of caution. Not all attorneys have sufficient knowledge about Social Security laws and procedures. Some of them have yet to experience handling these particular types of cases.
Thus, it is vital to look at the attorney’s background before appointing him to represent claim cases. Examine closely his record of winnings and probably ask if he also work on a contingency basis. In so doing these will make sure that a disabled applicant will hire the best representative for his Social Security Disability claim.
Three Ways To Collect On Judgments Using Employment Locate
Do you have a judgement you need to collect on, but are not sure how to go about doing it? Whether it is a judgement, or other things such as child support, using a skill known as employment locate can be helpful.
A place of employment search can be valuable for many reasons. Certainly there are times when you need to collect money. Judgements are one of the biggest reasons to try an locate someone.
There are a few ways to go about when conducting a place of employment search. You just have to decide what way would work better for your situation.
One: Do a search online. There are companies that you can hire who will do the employment locate for you. This is also known as a POE in PI lingo.
Sometimes you may also see current place of employment locate. You can find a company to help you regardless of what you call it. Do some due dilligence before choosing a company to perform your POE.
Private investigators can locate the phone number, and the name and address of the employer. They can even be helpful in locating a self employed individual.
Two: You can also collect on judgments using employment locate by hiring a private investigator or local company. Unless you have been trained to do it yourself many times it is a good idea to let a professional do the searching.
The reason for this is because they have experience finding people and can get results a lot faster than people who have not been trained.
Three: You can do the employment locate yourself if you really think you can do it. However, if you do then it may be a good idea to teach yourself about finding missing people.
One problem with trying to locate a person by their employer is the skill and the time it can take to conduct the searches. Many people do not know how to do this and just do not have the time it takes to get ther results they are working towards.
Otherwise, you will more than likely not have any luck and have to hire a professional anyway but if you want to try yourself than you can.
In summary employment locate to collect on a judgement is many time necessary and also many time successful when done properly.
A place of employment search can be valuable for many reasons. Certainly there are times when you need to collect money. Judgements are one of the biggest reasons to try an locate someone.
There are a few ways to go about when conducting a place of employment search. You just have to decide what way would work better for your situation.
One: Do a search online. There are companies that you can hire who will do the employment locate for you. This is also known as a POE in PI lingo.
Sometimes you may also see current place of employment locate. You can find a company to help you regardless of what you call it. Do some due dilligence before choosing a company to perform your POE.
Private investigators can locate the phone number, and the name and address of the employer. They can even be helpful in locating a self employed individual.
Two: You can also collect on judgments using employment locate by hiring a private investigator or local company. Unless you have been trained to do it yourself many times it is a good idea to let a professional do the searching.
The reason for this is because they have experience finding people and can get results a lot faster than people who have not been trained.
Three: You can do the employment locate yourself if you really think you can do it. However, if you do then it may be a good idea to teach yourself about finding missing people.
One problem with trying to locate a person by their employer is the skill and the time it can take to conduct the searches. Many people do not know how to do this and just do not have the time it takes to get ther results they are working towards.
Otherwise, you will more than likely not have any luck and have to hire a professional anyway but if you want to try yourself than you can.
In summary employment locate to collect on a judgement is many time necessary and also many time successful when done properly.
Lawyer Advertising That Means Nothing
1. We get quick settlements.
Now any lawyer might make a telephone call to try to negotiate a settlement. And settlements are usually good things: an agreement between the opposing parties to the mutual benefit of each.
But it is a mistake to hire a law firm that advertises that its goal is to settle cases. You see, there are few secrets in this business. Many lawyers know each other or each other's firms or each other's reputations. And this "quick settlement" advertisement is out there just to attract new clients. It says nothing good about the quality of that law firm's services. In reality, a firm known for settling cases is a firm that won't fight.
I would rather hire the lawyer who has a reputation for being tough on defendants and their insurance carriers - who strikes fear in their hearts - than hire a lawyer who is known as a quick or easy settler. Because the insurance companies know who these lawyers and law firms are. You can not get top dollar for your case with the "quick settlers" because the insurance carriers know these law firms want the quick settlement and won't go to court. Such firms need to settle, to live up to their advertising. Is that who you really want to handle your accident case? Remember, you don't get a second chance to get top dollar.
2. [Fill in the number] years combined experience.
Now I have 23 years of experience practicing law. Would that really be equal to four attorneys with five years experience and one with three years experience? No.
3. Free consultation.
All personal injury attorneys give one.
4. No fee unless successful.
Most personal injury attorneys utilize this type of fee called a "contingent" or "contingency" fee and based on a percentage of the money recovered, typically, one-third. YOU NEED TO KNOW that you, the client, remains responsible for case expenses and disbursements, such as: court filing fees, fees for medical and hospital records, expenses of investigation, court reporter fees, and the like. Your lawyer is supposed to tell you that the costs and disbursements remain you, the client's, responsibility.
Advancing case expenses is like an interest-free loan that the attorney makes on every accident case. This is a loan that the client must repay when his or her case settles. This is not the equivalent of a lawyer loaning money directly to the client, which is not permitted. Now advancing case expenses is not a terrible problem because attorneys generally won't advance a lot of money on questionable cases that they feel might not win. But that accident attorneys advance case expenses that are repayable by the client is something you should know.
5. Home/hospital visits available: we come to you.
Most personal injury attorneys do this. And it's not a big deal, as long as you've called that attorney and asked for the visit.
6. Telephone #'s that spell things, like 1-800-HurtInAnAccident.
A very strong, memorable marketing tool. Usually used by services that refer cases to member law firms. So the question becomes: who will be your attorney? Does the referral service tell you? Does it even know whom it is sending your telephone call to? And this again raises all of the previously discussed questions about your attorney's qualifications and ability.
7. Call 24 hours/7 days a week.
What, you hired an attorney that doesn't sleep?
8. Slogans like: We fight hard for you; we care for you; we kick insurance company butt; we provide aggressive representation. (This is a partial list.)
This is meaningless drivel.
If you think about it carefully, the things that most attorneys advertise, such as the numbered items above, are the same as every other attorney advertises. Worse yet, they do not address the important questions, such as the ten items listed above. So read what I've written carefully, then read it again. Otherwise, you may not even know the questions to ask, let alone what the answers should be.
Now any lawyer might make a telephone call to try to negotiate a settlement. And settlements are usually good things: an agreement between the opposing parties to the mutual benefit of each.
But it is a mistake to hire a law firm that advertises that its goal is to settle cases. You see, there are few secrets in this business. Many lawyers know each other or each other's firms or each other's reputations. And this "quick settlement" advertisement is out there just to attract new clients. It says nothing good about the quality of that law firm's services. In reality, a firm known for settling cases is a firm that won't fight.
I would rather hire the lawyer who has a reputation for being tough on defendants and their insurance carriers - who strikes fear in their hearts - than hire a lawyer who is known as a quick or easy settler. Because the insurance companies know who these lawyers and law firms are. You can not get top dollar for your case with the "quick settlers" because the insurance carriers know these law firms want the quick settlement and won't go to court. Such firms need to settle, to live up to their advertising. Is that who you really want to handle your accident case? Remember, you don't get a second chance to get top dollar.
2. [Fill in the number] years combined experience.
Now I have 23 years of experience practicing law. Would that really be equal to four attorneys with five years experience and one with three years experience? No.
3. Free consultation.
All personal injury attorneys give one.
4. No fee unless successful.
Most personal injury attorneys utilize this type of fee called a "contingent" or "contingency" fee and based on a percentage of the money recovered, typically, one-third. YOU NEED TO KNOW that you, the client, remains responsible for case expenses and disbursements, such as: court filing fees, fees for medical and hospital records, expenses of investigation, court reporter fees, and the like. Your lawyer is supposed to tell you that the costs and disbursements remain you, the client's, responsibility.
Advancing case expenses is like an interest-free loan that the attorney makes on every accident case. This is a loan that the client must repay when his or her case settles. This is not the equivalent of a lawyer loaning money directly to the client, which is not permitted. Now advancing case expenses is not a terrible problem because attorneys generally won't advance a lot of money on questionable cases that they feel might not win. But that accident attorneys advance case expenses that are repayable by the client is something you should know.
5. Home/hospital visits available: we come to you.
Most personal injury attorneys do this. And it's not a big deal, as long as you've called that attorney and asked for the visit.
6. Telephone #'s that spell things, like 1-800-HurtInAnAccident.
A very strong, memorable marketing tool. Usually used by services that refer cases to member law firms. So the question becomes: who will be your attorney? Does the referral service tell you? Does it even know whom it is sending your telephone call to? And this again raises all of the previously discussed questions about your attorney's qualifications and ability.
7. Call 24 hours/7 days a week.
What, you hired an attorney that doesn't sleep?
8. Slogans like: We fight hard for you; we care for you; we kick insurance company butt; we provide aggressive representation. (This is a partial list.)
This is meaningless drivel.
If you think about it carefully, the things that most attorneys advertise, such as the numbered items above, are the same as every other attorney advertises. Worse yet, they do not address the important questions, such as the ten items listed above. So read what I've written carefully, then read it again. Otherwise, you may not even know the questions to ask, let alone what the answers should be.
Gay Marriages From Other States Recognized by NY Appeals Court
New York must recognize same-sex marriages conducted in other states, until another appeals court rules otherwise. This was held by the New York State Supreme Court, Appellate Division, Fourth Department, this past Friday, February 1, 2008.
The decision in Martinez v. County of Monroe arose out of Martinez's quest to obtain spousal health care benefits from Monroe Community College for Lisa Golden, whom she married in Ontario, Canada. There was no question that the marriage was legal where performed. And then they returned to New York.
In the absence of a New York statute forbidding same-sex marriage, the Court found no reason not to recognize the marriage. It held that the marriage "is entitled to recognition in New York State." Is this a silent invitation to the New York State legislature to pass a law deciding this issue one way or the other? Maybe.
After the lawsuit was started but before the court's decision, the college changed its health insurance policy to cover same-sex spouses. This gave rise to an interesting wrinkle in this case, for if Lisa Golden was getting health insurance anyway, what was there left to sue over? In legal terms we ask if there was any longer a "justiciable controversy." The Court said that there was, as the college would be liable for damages for the time period that it refused to give health insurance coverage to the plaintiff's spouse. We don't know if those damages are great or small. They might be the cost of Lisa Golden going to the doctor's office, or her out-of-pocket expense to purchase her own health insurance or whatever.
Thus, it seems that the court had a potential way out here if it wanted to duck the controversy entirely. It may have decided that since the college is now providing health benefits, there wasn't justiciable controversy so the lawsuit was "moot." Instead, the court waded in and addressed the gay marriage issue head-on, giving a favorable and enlightened reading to the facts before it. No cowards on this Appellate Division, Fourth Department panel.
Commentary: Gay advocates hail the decision as only a first step towards what they consider truly would be fair: permitting gay marriages in New York State. I and my lawyer friends look forward to the day when gay marriage is legal in New York; where there are gay marriages, there WILL be gay divorces.
Until another appeals court rules otherwise, New York must recognize same-sex marriages conducted in other states. So held the New York State Supreme Court, Appellate Division, Fourth Department this past Friday, February 1, 2008.
The decision in Martinez v. County of Monroe arose out of Martinez's quest to obtain spousal health care benefits from Monroe Community College for Lisa Golden, whom she married in Ontario, Canada. There was no question that the marriage was legal where performed. And then they returned to New York.
In the absence of a New York statute forbidding same-sex marriage, the Court found no reason not to recognize the marriage. It held that the marriage "is entitled to recognition in New York State." Is this a silent invitation to the New York State legislature to pass a law deciding this issue one way or the other? Maybe.
After the lawsuit was started but before the court's decision, the college changed its health insurance policy to cover same-sex spouses. This gave rise to an interesting wrinkle in this case, for if Lisa Golden was getting health insurance anyway, what was there left to sue over? In legal terms we ask if there was any longer a "justiciable controversy." The Court said that there was, as the college would be liable for damages for the time period that it refused to give health insurance coverage to the plaintiff's spouse. We don't know if those damages are great or small. They might be the cost of Lisa Golden going to the doctor's office, or her out-of-pocket expense to purchase her own health insurance or whatever.
Thus, it seems that the court had a potential way out here if it wanted to duck the controversy entirely. It may have decided that since the college is now providing health benefits, there wasn't justiciable controversy so the lawsuit was "moot." Instead, the court waded in and addressed the gay marriage issue head-on, giving a favorable and enlightened reading to the facts before it. No cowards on this Appellate Division, Fourth Department panel.
Commentary: Gay advocates hail the decision as only a first step towards what they consider truly would be fair: permitting gay marriages in New York State. I and my lawyer friends look forward to the day when gay marriage is legal in New York; where there are gay marriages, there WILL be gay divorces.
The decision in Martinez v. County of Monroe arose out of Martinez's quest to obtain spousal health care benefits from Monroe Community College for Lisa Golden, whom she married in Ontario, Canada. There was no question that the marriage was legal where performed. And then they returned to New York.
In the absence of a New York statute forbidding same-sex marriage, the Court found no reason not to recognize the marriage. It held that the marriage "is entitled to recognition in New York State." Is this a silent invitation to the New York State legislature to pass a law deciding this issue one way or the other? Maybe.
After the lawsuit was started but before the court's decision, the college changed its health insurance policy to cover same-sex spouses. This gave rise to an interesting wrinkle in this case, for if Lisa Golden was getting health insurance anyway, what was there left to sue over? In legal terms we ask if there was any longer a "justiciable controversy." The Court said that there was, as the college would be liable for damages for the time period that it refused to give health insurance coverage to the plaintiff's spouse. We don't know if those damages are great or small. They might be the cost of Lisa Golden going to the doctor's office, or her out-of-pocket expense to purchase her own health insurance or whatever.
Thus, it seems that the court had a potential way out here if it wanted to duck the controversy entirely. It may have decided that since the college is now providing health benefits, there wasn't justiciable controversy so the lawsuit was "moot." Instead, the court waded in and addressed the gay marriage issue head-on, giving a favorable and enlightened reading to the facts before it. No cowards on this Appellate Division, Fourth Department panel.
Commentary: Gay advocates hail the decision as only a first step towards what they consider truly would be fair: permitting gay marriages in New York State. I and my lawyer friends look forward to the day when gay marriage is legal in New York; where there are gay marriages, there WILL be gay divorces.
Until another appeals court rules otherwise, New York must recognize same-sex marriages conducted in other states. So held the New York State Supreme Court, Appellate Division, Fourth Department this past Friday, February 1, 2008.
The decision in Martinez v. County of Monroe arose out of Martinez's quest to obtain spousal health care benefits from Monroe Community College for Lisa Golden, whom she married in Ontario, Canada. There was no question that the marriage was legal where performed. And then they returned to New York.
In the absence of a New York statute forbidding same-sex marriage, the Court found no reason not to recognize the marriage. It held that the marriage "is entitled to recognition in New York State." Is this a silent invitation to the New York State legislature to pass a law deciding this issue one way or the other? Maybe.
After the lawsuit was started but before the court's decision, the college changed its health insurance policy to cover same-sex spouses. This gave rise to an interesting wrinkle in this case, for if Lisa Golden was getting health insurance anyway, what was there left to sue over? In legal terms we ask if there was any longer a "justiciable controversy." The Court said that there was, as the college would be liable for damages for the time period that it refused to give health insurance coverage to the plaintiff's spouse. We don't know if those damages are great or small. They might be the cost of Lisa Golden going to the doctor's office, or her out-of-pocket expense to purchase her own health insurance or whatever.
Thus, it seems that the court had a potential way out here if it wanted to duck the controversy entirely. It may have decided that since the college is now providing health benefits, there wasn't justiciable controversy so the lawsuit was "moot." Instead, the court waded in and addressed the gay marriage issue head-on, giving a favorable and enlightened reading to the facts before it. No cowards on this Appellate Division, Fourth Department panel.
Commentary: Gay advocates hail the decision as only a first step towards what they consider truly would be fair: permitting gay marriages in New York State. I and my lawyer friends look forward to the day when gay marriage is legal in New York; where there are gay marriages, there WILL be gay divorces.
Use Of Tasers Vs Lethal Force In Law Enforcement
Use Of Tasers Vs Lethal Force In Law Enforcement
Crime has come a long way to make its root firmer in the society and has forced law enforcement agencies to take up arms against criminals. Some of the countries arm their law enforcement officials with the latest and deadly weapons, which fall in the category of lethal force. The use of tactical weapons has become necessary because crime is not just about snatching bags anymore. Crime has also become techno-savvy and criminals have started to use some of the best weapons in the market. If we look at the top 10 countries with high rate of crime then the numbers are astoundingly high.
1. Iceland 14,726.95
2. Sweden 13,455.08
3. New Zealand 12,586.64
4. Grenada 10,177.89
5. Norway 10,086.72
6. England & Wales 9,823.38
7. Denmark 9,460.38
8. Finland 8,697.37
9. Scotland 8,428.97
10. Canada 4,123.97
The above are per 100,000 inhabitants
In the United States itself, the Crime Index Rates have increased from 1,887.2 in the 60’s to more than double, which are 5,897.8 by 1991 and this is per 100,000 inhabitants. In 1991, the crime rate in the US was 313% more than the rate in 1960. Crime rate in other countries of the world have also increased considerably in the last couple of decades.
For more than a few decades, law enforcement agencies in the US and in other countries across the world have been using automated weapons to fight criminals and this has resulted in loss of life on either sides. An NIJ report has confirmed that the US federal government spends approximately $75 billion on the different law enforcement agencies as well as the judicial system. Yet not all the money infused into the system has helped in protecting innocent citizens from becoming the victim. In fact, according to a report, if the overall productivity of the law enforcement agencies could be increased by 1% then it would make a huge positive impact on the crime rate in the US and will even cut down the economic loss by $700,000,000.
The question is how can the enforcement agencies fight crime effectively and without killing the criminal? The answer lies with alternative weapons, which resourceful, effective, inexpensive, and not life are threatening.
The Emergence of Taser
One of the recent problems faced by several law agencies is that of transporting hardened convicts from one prison location to another. There are times when convicts have tried to escape and in the confusion officers had to resort to using their weapons and sometimes inappropriate tactics and use of force, which cause more harm than good and even death in some cases.
This is where a Taser comes in. A Taser looks like a gun but it is an entirely different concept. It is basically a type of electroshock weapon, which can stun a subject from quite a distance. The models being used currently by law enforcement agencies are the M26 and X26. Some of the other models include the Taser C2 and the Taser M18.
The primary reason behind introducing Taser is the fact that they are non-lethal weapons that can be used by law enforcement agencies for subduing potentially dangerous and fleeing subjects like convicts. Taser can considerably reduce the usage of life threatening weapons like the service guns.
The Taser was developed initially by Jack Cover, who was a NASA researcher, in 1969. The modern day Taser can fire two small electrodes, which are connected with a main unit through two conductive wires. They are propelled into the air or towards the subject with the help of small but compressed nitrogen charges. Each of the air cartridges is equipped with two electrodes as well as enough compressed nitrogen to fire a single shot. The air cartridge has to be replaced after use.
Cartridges for the Taser are available depending on the range that you expect to achieve. The maximum range of a Taser is 35 feet or 10.6 meters, a distance at which you can fire it and catch a fleeing convict or criminal. The cartridges available for civilian use have a maximum range of 15 feet or 4.5 meters.
Once fired from the Taser, the pointed electrodes will pierce through the clothing and remain in place because of they are barbed. The latest models of the Taser including the C2 are called 'pulse' models and they can pierce through a Level III body armor vest. The Taser gives an electric shock that stuns the subject for a few minutes during which the law enforcement officers can overpower the subject and take him/her into custody.
The Taser C2
The Taser C2 is perfect for independent men and women who require an effective but not life threatening protection device. As of today almost 250,000 law enforcement officials across 40 countries are using different Taser devices including the C2. The Taser C2 is a great weapon for self-defense and is categorized under Electronic Control Devices (ECDs). It can propel wires that will stun the subject and affect the motor and sensory functions of the central nervous system. The Taser C2 is available with a replaceable cartridge that contains compressed nitrogen and two small electrodes and can fire a shot to a maximum range of 15 feet
The range of 15 feet gives the Taser a definite advantage because you can use it the moment you sense danger. You can even use it if someone snatches your bag at the supermarket and tries to flee. This flexibility in firing from a distance makes the Taser C2 an absolute weapon to have. The Taser C2 can protect you or your family from a potentially threatening situation and keep everyone safe.
The Taser C2 technology has been proven to be highly effective in laboratory exercises and in real life situation. It is considered as one of the best weapons for self-defense from a safe distance. Today there are in excess of 500,000 users of the Taser worldwide. The Taser C2 technology has also been supported by several medical reports and medical organizations that have vouched for the general safety that comes with this stun gun. There are no long-term injuries and the subject can recover completely in a matter of minutes.
What gives the Taser C2 the advantage over conventional weapons is that the discharge of electricity can affect the entire body as well as the central nervous system. The best thing is that you can fire it to any part of the body and it will do its job. According to several reports, the Taser C2 was found to be 95% effective during real encounters. . Unlike other Taser models, the Taser C2 will operate for a period of 30 seconds once activated. This special feature is primarily so that once deployed, an individual can drop the Taser C2 and have a 30 second window in which to escape to safety. To enhance this feature even more, Taser International warranties that if your Taser C2 is deployed in an attack, send them a copy of the police report describing the event, and Taser International will replace your Taser C2 free of charge.
The Taser M-18
The Taser M-18 is an advanced version of this non-lethal technology. It also uses compressed nitrogen to fire two small electrodes up to a maximum distance of 15 feet. The electrodes are connected with the help of high-voltage insulated wires to the Taser M-18. When the electrodes come into contact with a subject then electrical pulses are transmitted through the wires into the body of the subject and can penetrate 2 inches of clothing.
The use of the Taser M-18 over the years has become increasingly popular with civilians as well as law enforcement agencies due to its high degree of effectiveness and above all there is no bloodshed. It can be used in different situations and can save several lives. Most importantly, the number of deaths in custody, robbing, and theft has gone down due to the use of the Taser M-18. Using guns have never been as effective.
The Taser M-18 has a 100% rating for effectiveness. The Taser M-18 is not only considered as a better option to the automatic weapons being used by law enforcement agents but is also better than the traditional stun guns. One of the quantum leaps in the Taser M-18 technology is the effective stopping power due to the use of a new and advanced Electro-Muscular Disruption (EMD) technology. The advanced Taser M-18 can shoot 2 darts or electrodes using a 15 feet wire that ensures transfer of 50,000 volts to the central nervous system of the subject. What the Taser M-18 really provides is an incredible power to take down almost any opponent.
As a result of its effective use, Taser devices or guns are being looked at as the next generation weapon. Soon it might replace the conventional colt, Walther, CZ 75B or other automatic handguns and weapons. The Taser is a weapon that can be used for self-defense by both civilians and law enforcement agencies. It is easy to use, more effective than conventional weapons, works at close range and removes any threat to life. Now that’s a weapon of the future!
Crime has come a long way to make its root firmer in the society and has forced law enforcement agencies to take up arms against criminals. Some of the countries arm their law enforcement officials with the latest and deadly weapons, which fall in the category of lethal force. The use of tactical weapons has become necessary because crime is not just about snatching bags anymore. Crime has also become techno-savvy and criminals have started to use some of the best weapons in the market. If we look at the top 10 countries with high rate of crime then the numbers are astoundingly high.
1. Iceland 14,726.95
2. Sweden 13,455.08
3. New Zealand 12,586.64
4. Grenada 10,177.89
5. Norway 10,086.72
6. England & Wales 9,823.38
7. Denmark 9,460.38
8. Finland 8,697.37
9. Scotland 8,428.97
10. Canada 4,123.97
The above are per 100,000 inhabitants
In the United States itself, the Crime Index Rates have increased from 1,887.2 in the 60’s to more than double, which are 5,897.8 by 1991 and this is per 100,000 inhabitants. In 1991, the crime rate in the US was 313% more than the rate in 1960. Crime rate in other countries of the world have also increased considerably in the last couple of decades.
For more than a few decades, law enforcement agencies in the US and in other countries across the world have been using automated weapons to fight criminals and this has resulted in loss of life on either sides. An NIJ report has confirmed that the US federal government spends approximately $75 billion on the different law enforcement agencies as well as the judicial system. Yet not all the money infused into the system has helped in protecting innocent citizens from becoming the victim. In fact, according to a report, if the overall productivity of the law enforcement agencies could be increased by 1% then it would make a huge positive impact on the crime rate in the US and will even cut down the economic loss by $700,000,000.
The question is how can the enforcement agencies fight crime effectively and without killing the criminal? The answer lies with alternative weapons, which resourceful, effective, inexpensive, and not life are threatening.
The Emergence of Taser
One of the recent problems faced by several law agencies is that of transporting hardened convicts from one prison location to another. There are times when convicts have tried to escape and in the confusion officers had to resort to using their weapons and sometimes inappropriate tactics and use of force, which cause more harm than good and even death in some cases.
This is where a Taser comes in. A Taser looks like a gun but it is an entirely different concept. It is basically a type of electroshock weapon, which can stun a subject from quite a distance. The models being used currently by law enforcement agencies are the M26 and X26. Some of the other models include the Taser C2 and the Taser M18.
The primary reason behind introducing Taser is the fact that they are non-lethal weapons that can be used by law enforcement agencies for subduing potentially dangerous and fleeing subjects like convicts. Taser can considerably reduce the usage of life threatening weapons like the service guns.
The Taser was developed initially by Jack Cover, who was a NASA researcher, in 1969. The modern day Taser can fire two small electrodes, which are connected with a main unit through two conductive wires. They are propelled into the air or towards the subject with the help of small but compressed nitrogen charges. Each of the air cartridges is equipped with two electrodes as well as enough compressed nitrogen to fire a single shot. The air cartridge has to be replaced after use.
Cartridges for the Taser are available depending on the range that you expect to achieve. The maximum range of a Taser is 35 feet or 10.6 meters, a distance at which you can fire it and catch a fleeing convict or criminal. The cartridges available for civilian use have a maximum range of 15 feet or 4.5 meters.
Once fired from the Taser, the pointed electrodes will pierce through the clothing and remain in place because of they are barbed. The latest models of the Taser including the C2 are called 'pulse' models and they can pierce through a Level III body armor vest. The Taser gives an electric shock that stuns the subject for a few minutes during which the law enforcement officers can overpower the subject and take him/her into custody.
The Taser C2
The Taser C2 is perfect for independent men and women who require an effective but not life threatening protection device. As of today almost 250,000 law enforcement officials across 40 countries are using different Taser devices including the C2. The Taser C2 is a great weapon for self-defense and is categorized under Electronic Control Devices (ECDs). It can propel wires that will stun the subject and affect the motor and sensory functions of the central nervous system. The Taser C2 is available with a replaceable cartridge that contains compressed nitrogen and two small electrodes and can fire a shot to a maximum range of 15 feet
The range of 15 feet gives the Taser a definite advantage because you can use it the moment you sense danger. You can even use it if someone snatches your bag at the supermarket and tries to flee. This flexibility in firing from a distance makes the Taser C2 an absolute weapon to have. The Taser C2 can protect you or your family from a potentially threatening situation and keep everyone safe.
The Taser C2 technology has been proven to be highly effective in laboratory exercises and in real life situation. It is considered as one of the best weapons for self-defense from a safe distance. Today there are in excess of 500,000 users of the Taser worldwide. The Taser C2 technology has also been supported by several medical reports and medical organizations that have vouched for the general safety that comes with this stun gun. There are no long-term injuries and the subject can recover completely in a matter of minutes.
What gives the Taser C2 the advantage over conventional weapons is that the discharge of electricity can affect the entire body as well as the central nervous system. The best thing is that you can fire it to any part of the body and it will do its job. According to several reports, the Taser C2 was found to be 95% effective during real encounters. . Unlike other Taser models, the Taser C2 will operate for a period of 30 seconds once activated. This special feature is primarily so that once deployed, an individual can drop the Taser C2 and have a 30 second window in which to escape to safety. To enhance this feature even more, Taser International warranties that if your Taser C2 is deployed in an attack, send them a copy of the police report describing the event, and Taser International will replace your Taser C2 free of charge.
The Taser M-18
The Taser M-18 is an advanced version of this non-lethal technology. It also uses compressed nitrogen to fire two small electrodes up to a maximum distance of 15 feet. The electrodes are connected with the help of high-voltage insulated wires to the Taser M-18. When the electrodes come into contact with a subject then electrical pulses are transmitted through the wires into the body of the subject and can penetrate 2 inches of clothing.
The use of the Taser M-18 over the years has become increasingly popular with civilians as well as law enforcement agencies due to its high degree of effectiveness and above all there is no bloodshed. It can be used in different situations and can save several lives. Most importantly, the number of deaths in custody, robbing, and theft has gone down due to the use of the Taser M-18. Using guns have never been as effective.
The Taser M-18 has a 100% rating for effectiveness. The Taser M-18 is not only considered as a better option to the automatic weapons being used by law enforcement agents but is also better than the traditional stun guns. One of the quantum leaps in the Taser M-18 technology is the effective stopping power due to the use of a new and advanced Electro-Muscular Disruption (EMD) technology. The advanced Taser M-18 can shoot 2 darts or electrodes using a 15 feet wire that ensures transfer of 50,000 volts to the central nervous system of the subject. What the Taser M-18 really provides is an incredible power to take down almost any opponent.
As a result of its effective use, Taser devices or guns are being looked at as the next generation weapon. Soon it might replace the conventional colt, Walther, CZ 75B or other automatic handguns and weapons. The Taser is a weapon that can be used for self-defense by both civilians and law enforcement agencies. It is easy to use, more effective than conventional weapons, works at close range and removes any threat to life. Now that’s a weapon of the future!
SSI Fraud Protection Awareness
Among the fast increasing crimes in the United States, identity theft may be considered as one of the most burdensome scenarios that a Supplemental Security Income beneficiary may encounter. An unlawful person who was able to steal your Social Security Number can manage to use it to obtain your other secret information.
Afterwards, they may utilize the same information to apply for credits in your name. You will just be aware of the fact that you have been robbed when notices and calls coming from unknown creditors demand payments for various transactions and items that you never purchased.
Your Social Security Number is extremely confidential. Thus, you must exercise all your efforts to protect it from other people’s knowledge. Aside from this, the SSA also protects your number as well as all your other personal information. Various measures are implemented by this agency to ensure that no other person can use your number to perform any illegal activity.
Here are some ways on how these individual get along with their fraudulent acts:
• Lost wallets or mails that contains information regarding your Social Security identity and other financial statements
• Stealing secret information after your transaction with an unsecured website
• Searching for possible information about you in your trash cans
• Pretending to be someone in need of vital information about you
• Obtaining such information from someone whom you legitimately transacted with
Always remember, to avoid these problems, protect your card and number at all times. Be aware that these stealers are always on stand by waiting for their chance to do their fraudulent acts.
If needed, show your card only to those rightful persons and keep it on a safe place where nobody except your family can have access to it. Carrying your card is not recommendable for there is a chance that you may lose it.
Now if someone has been using your Social Security identity, the best thing to do is to report the incident to the police authorities as soon as possible. You may also call on your credit card company so that they may be able to deny further transactions made in your account.
Moreover, you may consult a competent a Social Security lawyer for proper guidance and assistance on how to incriminate those identity thieves. A credible advocate with vast experience in handling these types of cases may also let you recover your losses.
SSI fraud protection is not that hard to implement. You just have to follow certain precautionary measures and always care to understand all the steps to follow in case you have encountered it.
For maximum SSI fraud protection, get in touch with our competent Social Security attorneys who are highly capable of providing assistance to any of your Social Security concerns. Just visit our website at http://www.expertlosangelesattorney.com/SupplementalSecurityIncomeFraudProtection.html and receive quality assistance that you need.
Afterwards, they may utilize the same information to apply for credits in your name. You will just be aware of the fact that you have been robbed when notices and calls coming from unknown creditors demand payments for various transactions and items that you never purchased.
Your Social Security Number is extremely confidential. Thus, you must exercise all your efforts to protect it from other people’s knowledge. Aside from this, the SSA also protects your number as well as all your other personal information. Various measures are implemented by this agency to ensure that no other person can use your number to perform any illegal activity.
Here are some ways on how these individual get along with their fraudulent acts:
• Lost wallets or mails that contains information regarding your Social Security identity and other financial statements
• Stealing secret information after your transaction with an unsecured website
• Searching for possible information about you in your trash cans
• Pretending to be someone in need of vital information about you
• Obtaining such information from someone whom you legitimately transacted with
Always remember, to avoid these problems, protect your card and number at all times. Be aware that these stealers are always on stand by waiting for their chance to do their fraudulent acts.
If needed, show your card only to those rightful persons and keep it on a safe place where nobody except your family can have access to it. Carrying your card is not recommendable for there is a chance that you may lose it.
Now if someone has been using your Social Security identity, the best thing to do is to report the incident to the police authorities as soon as possible. You may also call on your credit card company so that they may be able to deny further transactions made in your account.
Moreover, you may consult a competent a Social Security lawyer for proper guidance and assistance on how to incriminate those identity thieves. A credible advocate with vast experience in handling these types of cases may also let you recover your losses.
SSI fraud protection is not that hard to implement. You just have to follow certain precautionary measures and always care to understand all the steps to follow in case you have encountered it.
For maximum SSI fraud protection, get in touch with our competent Social Security attorneys who are highly capable of providing assistance to any of your Social Security concerns. Just visit our website at http://www.expertlosangelesattorney.com/SupplementalSecurityIncomeFraudProtection.html and receive quality assistance that you need.
Defending Your Rights under the Employment Laws
With the changing times and increasing accounts of job-related disputes comes the need for various laws that focus on resolving these particular issues. Along with this, the employment force must be able to fully understand their rights under the pre-existing law provisions and utilize them to protect their own interests.
Specifically in Los Angeles, the workers are guaranteed of legal remedies and protection from abusive employers who fail to manage them lawfully. Here are some of the following rights and privileges that are somehow helpful for the employees who may have experienced employment discrimination or abuse:
Right against Discrimination
As stated under the California Government Code and Federal Code Title VII, it is unlawful to discriminate and/or harass workers based on their:
• Age
• Race, color or national origin
• Gender or pregnancy
• Religious affiliation
• Marital status
• Disability
In addition, as provided by the Labor Code, employers are not allowed to retaliate against their employees who:
• Uphold their rights for reasonable wages
• Filed their complaints regarding the unhealthy and/or hazardous work environment
• Asserted their rights for worker’s compensation
• Testify before the court, revealing the illegal activities in the company
• Involved themselves in other lawful activities not related to work such as political activity and skills enhancement trainings
Any employee who will experience these violations may file their case with the Equal Employment Opportunity Commission the California Division of Labor Standards Enforcement within six months prior to date when the discriminative act occurred.
Family and Medical Leave Act
Every employee may have the right to utilize a three-month leave without the fear of losing his or her job for the following reasons:
• Take care for a newly born baby or adopted child
• Provide attention for a family member who has a serious ailment or health condition
• Seek treatment for his or her own sickness
Organizing a Labor Union
Employers do not have to interfere in any manner regarding the formation of a labor union and any of its lawful activities. Unless these labor actions are being done in an orderly and under the limits of the law, the company owners cannot file any case against union members.
Any instance of employer interference or harassment related to this issue may be reported to the National Labor Relations Board within a period of 180 days.
Workplace Safety
To protect their workers from possible hazards in their workplace, the employers must provide them with adequate training seminars and programs on how to protect themselves on the job. If necessary, the companies must supply all the protective equipment and gears.
Employers disregarding this right of the workers may be brought to the Division of Occupational Safety and Health.
Right to Representation
All citizens, not just workers, who have been aggrieved, discriminated and/or harmed, have their basic right to legal represented. Therefore, in filing their respective claims and complaints, the affected employees may seek the assistance of Los Angeles employment law defenders who have the proper knowledge and skills in preserving their rights.
This is certainly beneficial, especially for those workers who do lack the any background about the laws that safeguard their welfare. To add, labor attorneys can help their clients in establishing a strong case against their illicit employers.
Please do visit our website at http://www.expertlosangelesattorney.com/EmploymentLaw.html and seek the assistance of our Los Angeles Employment Law defenders if you think any of your rights as a worker have been violated. Our expert Los Angeles attorneys will do their best to establish a winning case for you.
Specifically in Los Angeles, the workers are guaranteed of legal remedies and protection from abusive employers who fail to manage them lawfully. Here are some of the following rights and privileges that are somehow helpful for the employees who may have experienced employment discrimination or abuse:
Right against Discrimination
As stated under the California Government Code and Federal Code Title VII, it is unlawful to discriminate and/or harass workers based on their:
• Age
• Race, color or national origin
• Gender or pregnancy
• Religious affiliation
• Marital status
• Disability
In addition, as provided by the Labor Code, employers are not allowed to retaliate against their employees who:
• Uphold their rights for reasonable wages
• Filed their complaints regarding the unhealthy and/or hazardous work environment
• Asserted their rights for worker’s compensation
• Testify before the court, revealing the illegal activities in the company
• Involved themselves in other lawful activities not related to work such as political activity and skills enhancement trainings
Any employee who will experience these violations may file their case with the Equal Employment Opportunity Commission the California Division of Labor Standards Enforcement within six months prior to date when the discriminative act occurred.
Family and Medical Leave Act
Every employee may have the right to utilize a three-month leave without the fear of losing his or her job for the following reasons:
• Take care for a newly born baby or adopted child
• Provide attention for a family member who has a serious ailment or health condition
• Seek treatment for his or her own sickness
Organizing a Labor Union
Employers do not have to interfere in any manner regarding the formation of a labor union and any of its lawful activities. Unless these labor actions are being done in an orderly and under the limits of the law, the company owners cannot file any case against union members.
Any instance of employer interference or harassment related to this issue may be reported to the National Labor Relations Board within a period of 180 days.
Workplace Safety
To protect their workers from possible hazards in their workplace, the employers must provide them with adequate training seminars and programs on how to protect themselves on the job. If necessary, the companies must supply all the protective equipment and gears.
Employers disregarding this right of the workers may be brought to the Division of Occupational Safety and Health.
Right to Representation
All citizens, not just workers, who have been aggrieved, discriminated and/or harmed, have their basic right to legal represented. Therefore, in filing their respective claims and complaints, the affected employees may seek the assistance of Los Angeles employment law defenders who have the proper knowledge and skills in preserving their rights.
This is certainly beneficial, especially for those workers who do lack the any background about the laws that safeguard their welfare. To add, labor attorneys can help their clients in establishing a strong case against their illicit employers.
Please do visit our website at http://www.expertlosangelesattorney.com/EmploymentLaw.html and seek the assistance of our Los Angeles Employment Law defenders if you think any of your rights as a worker have been violated. Our expert Los Angeles attorneys will do their best to establish a winning case for you.
Thursday, June 5, 2008
Identity Theft Protection - Fight Fire With Fire
You've surely heard about why you need identity theft protection. A carelessly tossed receipt or lost credit card that falls into the wrong hands can ruin your financial life. Fraudulent emails asking for personal information like Social Security numbers or bank account numbers are obvious tip-offs that an identity thief is lurking and trying to make you a victim.
The question becomes, "What can the average person do to ensure that personal information is kept personal, and to guard against possible identity theft?" Here is a list of suggestions that will help you get the best possible identity theft protection.
Look at your credit reports. These reports contain the kind of information an identity thief is interested in, and the statistics that you should have a good understanding of, in terms of identity theft protection. The report shows what accounts you have and how you pay your bills. The law allows you to obtain a free version of this report at least once a year. If an identity thief is operating with your information, this report will show it in some way.
Review the credit reports. Look for any benchmarks that would tell you of possible identity theft, like inquiries from companies you haven't contacted, accounts you didn't open, and debits on accounts that can't be explained. Check to see that all personal information is correct and that an Identity Thief hasn't tampered with it.
Review your financial statements. Look at your accounts and billing statements on a regular basis. Watch for any changes that seem odd, like debits that you can't account for and other things that could be the sign of possible identity theft.
It's sad, but many people never find out that their personal information has been stolen until after an identity thief has done damage. You may only find out after bills or debts that you've never incurred go to a collection agency and then it's too late for identity theft protection. You might only learn of a bad credit history when you are refused a car loan or mortgage, or when you open your mail to find a letter about a house you never owned, an apartment you never rented, or a job you never held. All these cases demand you investigate possible identity theft immediately.
You need identity theft protection in this online world. This means understanding your own vulnerabilities for fraud with personal information, and taking the steps to mend these potential problems. It's the best thing you can do for yourself to ensure that your financial situation remains protected at all times.
The question becomes, "What can the average person do to ensure that personal information is kept personal, and to guard against possible identity theft?" Here is a list of suggestions that will help you get the best possible identity theft protection.
Look at your credit reports. These reports contain the kind of information an identity thief is interested in, and the statistics that you should have a good understanding of, in terms of identity theft protection. The report shows what accounts you have and how you pay your bills. The law allows you to obtain a free version of this report at least once a year. If an identity thief is operating with your information, this report will show it in some way.
Review the credit reports. Look for any benchmarks that would tell you of possible identity theft, like inquiries from companies you haven't contacted, accounts you didn't open, and debits on accounts that can't be explained. Check to see that all personal information is correct and that an Identity Thief hasn't tampered with it.
Review your financial statements. Look at your accounts and billing statements on a regular basis. Watch for any changes that seem odd, like debits that you can't account for and other things that could be the sign of possible identity theft.
It's sad, but many people never find out that their personal information has been stolen until after an identity thief has done damage. You may only find out after bills or debts that you've never incurred go to a collection agency and then it's too late for identity theft protection. You might only learn of a bad credit history when you are refused a car loan or mortgage, or when you open your mail to find a letter about a house you never owned, an apartment you never rented, or a job you never held. All these cases demand you investigate possible identity theft immediately.
You need identity theft protection in this online world. This means understanding your own vulnerabilities for fraud with personal information, and taking the steps to mend these potential problems. It's the best thing you can do for yourself to ensure that your financial situation remains protected at all times.
Fraud Websites & Investment Scams
Financial scams have been on the rise around the world, and unfortunately, have been rising in sophistication. Fraud was introduced to the Internet most notably by the Nigeria 411 scams, i.e. advance fee fraud. That was then, this is now.
Scammers today are using worldwide access to the Internet to their advantage. Accounts such as webhosting a new website, bank and credit accounts can now be easily opened on the Internet, from any location. Having some false identification gives the scammer the upper hand here, as he has essentially created an alias with little, if any, traceable information.
The False Website Approach
Many financial scams are taking the form of the classic advance fee fraud, but with a higher level of sophistication and tactics. Websites are often created with templates or a design is stolen from another reputable and legal investment company. Once the site is complete, the criminal has created what appears to be a legitimate website and company. The headquarters for these fictitious firms are often located in the United States, so the website claims. These sites are mearly a tool for fraud.
How to distinguish a real investment website from a fraudulent one? Search Google and Yahoo for the company to determine if there are other sites referencing the firm. Check the site itself to see if the firm has contact information. A website without an address or phone number is a red flag for potential fraud or scam. Search phone directories for the firm's telephone number. Lastly, check with the SEC's website for signs on how to recognize these investment scams, and to verify registration of the firm.
Knowing the Signs of Fraud
Although the level of sophistication in these scams continues to rise, an educated consumer can know the difference. Scammers today always contact their victims with an offer - the potential victim has been selected. The firm representative may speak perfect English, and even understand investments and asset management. He may even request you submit an IRS form and other documents. Bottom line, this person will request personal data and/or payment promptly and without ever meeting you. Be skeptical and ask for the firms' references and SEC filing.
Getting Verification
If you've searched the Internet for references, checked local phone listings, maybe even contacted the SEC for verification, and spoke with company representatives and claimed references - and you're still not sure? Contact a professional investigation company, like Wymoo International or Philippine PI for help. Get the facts on who your dealing with - then decide.
Scammers today are using worldwide access to the Internet to their advantage. Accounts such as webhosting a new website, bank and credit accounts can now be easily opened on the Internet, from any location. Having some false identification gives the scammer the upper hand here, as he has essentially created an alias with little, if any, traceable information.
The False Website Approach
Many financial scams are taking the form of the classic advance fee fraud, but with a higher level of sophistication and tactics. Websites are often created with templates or a design is stolen from another reputable and legal investment company. Once the site is complete, the criminal has created what appears to be a legitimate website and company. The headquarters for these fictitious firms are often located in the United States, so the website claims. These sites are mearly a tool for fraud.
How to distinguish a real investment website from a fraudulent one? Search Google and Yahoo for the company to determine if there are other sites referencing the firm. Check the site itself to see if the firm has contact information. A website without an address or phone number is a red flag for potential fraud or scam. Search phone directories for the firm's telephone number. Lastly, check with the SEC's website for signs on how to recognize these investment scams, and to verify registration of the firm.
Knowing the Signs of Fraud
Although the level of sophistication in these scams continues to rise, an educated consumer can know the difference. Scammers today always contact their victims with an offer - the potential victim has been selected. The firm representative may speak perfect English, and even understand investments and asset management. He may even request you submit an IRS form and other documents. Bottom line, this person will request personal data and/or payment promptly and without ever meeting you. Be skeptical and ask for the firms' references and SEC filing.
Getting Verification
If you've searched the Internet for references, checked local phone listings, maybe even contacted the SEC for verification, and spoke with company representatives and claimed references - and you're still not sure? Contact a professional investigation company, like Wymoo International or Philippine PI for help. Get the facts on who your dealing with - then decide.
An Introduction to Robbery and Robbery Attorney
Robbery in widespread term is an act of depriving somebody from their personal property or asset while in their presence by way of forcing or fear. Personal asset or property can either be taken from that person or from their nearby surroundings. If any deadly or poisonous weapon like a gun is used or the injured party suffers bodily harm, the act could further be classified as "armed" or "provoked" and the rigorousness of the penalty can be augmented. The real fundamentals of theft or robbery comprise intruding taking, moving away, the truth that it is somebody else's property, the intention to pinch, the company of the person who possesses the property, and bullying. Until all the seven of these fundamentals are present, robbery as definite by the law does not really occur.
There are certain criminal defenses, which could possibly be used in such cases of theft and they also contain truthful innocence, in short of proof linking the blamed of the crime, or the subject of true proprietor, wherein the blamed disputes he is the legal owner of the assets. The matter of real owner mainly depends on whether the assumed theft happened under criminal situation. That is, in case if defendant was undergoing the superior faith idea that he was the real owner of the assets, then it is likely for him not to be culpable of theft. Additionally, there are several other criminal defenses, which could be used in specific exclusive cases.
If in case you have been accused of theft or related crime then you really need robbery attorney that can fight vigorously on your side. There are actually lot number of steps a person could take once they are charged with theft or robbery crime. The primary thing is to severely exercise the right to stay silent. Bearing silent allows the blamed to learn precisely what is happening, tranquilly examine the facts and confirm they don’t fade their case in any case. In all the criminal cases, keeping capable advice whenever possible must be the priority. Regardless of how minor the charge, any individual charged
There are certain criminal defenses, which could possibly be used in such cases of theft and they also contain truthful innocence, in short of proof linking the blamed of the crime, or the subject of true proprietor, wherein the blamed disputes he is the legal owner of the assets. The matter of real owner mainly depends on whether the assumed theft happened under criminal situation. That is, in case if defendant was undergoing the superior faith idea that he was the real owner of the assets, then it is likely for him not to be culpable of theft. Additionally, there are several other criminal defenses, which could be used in specific exclusive cases.
If in case you have been accused of theft or related crime then you really need robbery attorney that can fight vigorously on your side. There are actually lot number of steps a person could take once they are charged with theft or robbery crime. The primary thing is to severely exercise the right to stay silent. Bearing silent allows the blamed to learn precisely what is happening, tranquilly examine the facts and confirm they don’t fade their case in any case. In all the criminal cases, keeping capable advice whenever possible must be the priority. Regardless of how minor the charge, any individual charged
How To Make The Most Of Your Budget And Find A Reputable Law Firm
Finding a law firm can be a daunting process. For the majority of people that are seeking representation from a law firm it is their first time and because the issues that law firms deal with are often of upmost importance the person looking for a law firm is often in the awkward position of having to find someone that they trust with something really important without knowing much about the industry.
This issue is compounded by the fact that solicitors and law firms are often very expensive. Fortunately unlike many industries the law industry is incredibly well regulated and all solicitors are extremely well qualified. This means that you are unlikely to get someone that is completely incompetent but nevertheless there is a massive difference in the quality of law firms out there and finding the best one for your budget can be difficult for the uninitiated.
Like most things in life nine times out of ten you get what you pay for in a law firm. As a result once you have found a law firm that suits your budget it is important to try and make the most of your time with your chosen legal representative. So minimising the time that you spend with your legal representative can be the way in which you make real savings.
There are a few useful pointers that you can use to ensure that you make the most of your meeting with your solicitor. Firstly it is vital that before you commence you meeting with a solicitor that you take time to compile a long list of questions that you want answers to you. If you walk out of the meeting without having the answers that you need then you are likely going to have to arrange another costly meeting.
Writing a list down would be very useful and taking it in to the meeting with a pen to write down notes is vital. The most important thing to be sure of is that you fully understand the answers that you are given and that if you don't you make sure that the solicitor explains it fully to you until you do.
The majority of the answers that you get will be straightforward and it is important to be able to read between the lines of the advice that your solicitor gives you. He or she will always give you advice on the record and as a result might not be too positive or negative about the things that you question and instead they might try and remain impartial. As a result it is important to listen to them and try and gauge how successful they think your claim will be or how strong your case is.
When you meet your solicitor it is useful to get an idea of how long your meeting is likely to last and how much the fees for the meeting are. Once you are happy with this it is very important that you open up as much as you possibly can and be as brutally honest as you can so that you give the solicitor the best opportunity to offer you full advice. If not the solicitor will only be able to give you advice based on the information that you give them. In this case this could be extremely damaging to your case and could put you in a very difficult situation if more evidence were to be found later on.
This issue is compounded by the fact that solicitors and law firms are often very expensive. Fortunately unlike many industries the law industry is incredibly well regulated and all solicitors are extremely well qualified. This means that you are unlikely to get someone that is completely incompetent but nevertheless there is a massive difference in the quality of law firms out there and finding the best one for your budget can be difficult for the uninitiated.
Like most things in life nine times out of ten you get what you pay for in a law firm. As a result once you have found a law firm that suits your budget it is important to try and make the most of your time with your chosen legal representative. So minimising the time that you spend with your legal representative can be the way in which you make real savings.
There are a few useful pointers that you can use to ensure that you make the most of your meeting with your solicitor. Firstly it is vital that before you commence you meeting with a solicitor that you take time to compile a long list of questions that you want answers to you. If you walk out of the meeting without having the answers that you need then you are likely going to have to arrange another costly meeting.
Writing a list down would be very useful and taking it in to the meeting with a pen to write down notes is vital. The most important thing to be sure of is that you fully understand the answers that you are given and that if you don't you make sure that the solicitor explains it fully to you until you do.
The majority of the answers that you get will be straightforward and it is important to be able to read between the lines of the advice that your solicitor gives you. He or she will always give you advice on the record and as a result might not be too positive or negative about the things that you question and instead they might try and remain impartial. As a result it is important to listen to them and try and gauge how successful they think your claim will be or how strong your case is.
When you meet your solicitor it is useful to get an idea of how long your meeting is likely to last and how much the fees for the meeting are. Once you are happy with this it is very important that you open up as much as you possibly can and be as brutally honest as you can so that you give the solicitor the best opportunity to offer you full advice. If not the solicitor will only be able to give you advice based on the information that you give them. In this case this could be extremely damaging to your case and could put you in a very difficult situation if more evidence were to be found later on.
Having An Accident In The Workplace
Sadly every year many people fall victim to accidents that happen within their workplace; accidents that should have been avoided if the correct safety procedures were in place. This is why it is essential that you are familiar with what health and safety is carried out within your workplace. If the correct health and safety isn't in place you become susceptible to accidents and your employer leaves themselves open to possible court action.
Your employer has a duty of care to protect employees while they are undertaking their job in the workplace. They are obliged to carry out risk assessments within the place of work to ensure safety and they must act on the results of these risk assessments in the correct manner. Decisions such as how many first aiders are needed and what kind of first aid equipment and facilities should be provided are the sort of decisions that need to be made when risk assessments are carried out.
As well as these risk assessments your employer must also provide an accident book to employees. This accident book must be used to record any accidents that occur within the workplace, regardless of how minor they were. The reason why this accident book is so important is that it provides a useful record of exactly what happened in case you need time off work or if you wish to claim for compensation later on. Also recording accidents in this way allows your employer to see what went wrong so that the appropriate action can be taken to stop the accident happening again in the future.
If you do have an accident in the work place you must report the accident to your employer and make a note of what happened in the accident book. You should also check your contract of employment to find out information about sick or accident pay. In serious work related accidents, diseases and dangerous incidents your employer must report them to the Incident Contact Centre of the Health and Safety Executive (HSE), or in Northern Ireland the Health and Safety Executive for Northern Ireland (HSENI).
The types of things that your employer must report are as follows:
� Death
� Disease
� Major injuries such as a broken arm or ribs
� Any other injury that stops an employee from doing their normal work for more than three days
� Dangerous incidents such as the collapse of scaffolding or if people are overcome by gas
These aspects must be reported by your employer but if you are the employee who is involved then it is a good idea that you ensure that it has been reported.
It is essential, when it comes to health and safety in the workplace that you cooperate fully with your employer to keep your workplace safe and you must also take responsibility for your own health.
If you have been injured in the workplace, even if your injury is only minor it is highly important that you see a doctor as this way you will have a record of your injuries, which is crucial if you are hoping to make a claim for compensation.
Your employer has a duty of care to protect employees while they are undertaking their job in the workplace. They are obliged to carry out risk assessments within the place of work to ensure safety and they must act on the results of these risk assessments in the correct manner. Decisions such as how many first aiders are needed and what kind of first aid equipment and facilities should be provided are the sort of decisions that need to be made when risk assessments are carried out.
As well as these risk assessments your employer must also provide an accident book to employees. This accident book must be used to record any accidents that occur within the workplace, regardless of how minor they were. The reason why this accident book is so important is that it provides a useful record of exactly what happened in case you need time off work or if you wish to claim for compensation later on. Also recording accidents in this way allows your employer to see what went wrong so that the appropriate action can be taken to stop the accident happening again in the future.
If you do have an accident in the work place you must report the accident to your employer and make a note of what happened in the accident book. You should also check your contract of employment to find out information about sick or accident pay. In serious work related accidents, diseases and dangerous incidents your employer must report them to the Incident Contact Centre of the Health and Safety Executive (HSE), or in Northern Ireland the Health and Safety Executive for Northern Ireland (HSENI).
The types of things that your employer must report are as follows:
� Death
� Disease
� Major injuries such as a broken arm or ribs
� Any other injury that stops an employee from doing their normal work for more than three days
� Dangerous incidents such as the collapse of scaffolding or if people are overcome by gas
These aspects must be reported by your employer but if you are the employee who is involved then it is a good idea that you ensure that it has been reported.
It is essential, when it comes to health and safety in the workplace that you cooperate fully with your employer to keep your workplace safe and you must also take responsibility for your own health.
If you have been injured in the workplace, even if your injury is only minor it is highly important that you see a doctor as this way you will have a record of your injuries, which is crucial if you are hoping to make a claim for compensation.
No Win No Fee Compensation Claims
A no win no fee claim, officially known as a conditional fee agreement offers an alternative way to fund litigation and can be used in almost all commercial claims. No win no fee claims or conditional fee agreements have been in place since 1995, however during this time it was limited to a certain range of cases but then thankfully in 1998 no win no fee agreements were extended to include all cases with the exception of family proceedings. This was a welcomed change as it allowed people the opportunity to claim when previously couldn't.
The conditional fee agreement is an agreement whereby a lawyer and a client can agree to share the risk of the litigation by coming to a financial arrangement surrounding the fees that are payable based on the outcome of the litigation.
No win no fee claims are hugely successful in providing compensation and carry many advantages with one of the main ones being peace of mind that you won't be worse off if your claim is unsuccessful. Also if your claim is a success you will keep 100% of the compensation that you are awarded with your solicitors fees being paid by the losing party's insurance. This insurance is known as 'after event insurance.' With this insurance you are expected to pay a one off premium and if you lose your insurance company will pay any costs that you owe to your opponent.
With any claim for compensation your case will only be considered if you have suffered injury that was caused through no fault of your own and that has left you with injury that has affected your daily life. It should be noted that compensation will not be paid out for any near misses such as if you were prescribed the wrong drugs by your GP but the pharmacist noticed or if you are suffering a personal injury that does not really affect your life such as a cut on your hand that heals quickly and without the need for medical attention.
Sadly compensation is never a sure thing; just because you have been injured in an accident that wasn't your fault it doesn't mean that you will defiantly get accident compensation, no matter how good your lawyer/solicitor may be. In order for your claim to be a success you will need evidence from people such as your doctor who will be able to confirm that your injuries are as a direct result of the accident that you suffered. If your compensation claim is a success the amount of compensation that you receive is based on your actual suffering and not on how much money the opposition has or what the court feels is sufficient punishment.
If you are currently suffering injury or you have suffered injury in the last three years that has affected your life or stopped you from working then it is advised that you seek the help of a personal injury specialist who can help you to claim the compensation that you deserve after an accident that was caused through no fault of your own.
The conditional fee agreement is an agreement whereby a lawyer and a client can agree to share the risk of the litigation by coming to a financial arrangement surrounding the fees that are payable based on the outcome of the litigation.
No win no fee claims are hugely successful in providing compensation and carry many advantages with one of the main ones being peace of mind that you won't be worse off if your claim is unsuccessful. Also if your claim is a success you will keep 100% of the compensation that you are awarded with your solicitors fees being paid by the losing party's insurance. This insurance is known as 'after event insurance.' With this insurance you are expected to pay a one off premium and if you lose your insurance company will pay any costs that you owe to your opponent.
With any claim for compensation your case will only be considered if you have suffered injury that was caused through no fault of your own and that has left you with injury that has affected your daily life. It should be noted that compensation will not be paid out for any near misses such as if you were prescribed the wrong drugs by your GP but the pharmacist noticed or if you are suffering a personal injury that does not really affect your life such as a cut on your hand that heals quickly and without the need for medical attention.
Sadly compensation is never a sure thing; just because you have been injured in an accident that wasn't your fault it doesn't mean that you will defiantly get accident compensation, no matter how good your lawyer/solicitor may be. In order for your claim to be a success you will need evidence from people such as your doctor who will be able to confirm that your injuries are as a direct result of the accident that you suffered. If your compensation claim is a success the amount of compensation that you receive is based on your actual suffering and not on how much money the opposition has or what the court feels is sufficient punishment.
If you are currently suffering injury or you have suffered injury in the last three years that has affected your life or stopped you from working then it is advised that you seek the help of a personal injury specialist who can help you to claim the compensation that you deserve after an accident that was caused through no fault of your own.
Road Traffic Accident Advice
A road traffic accident describes any accident that happens on a road or footpath. Road traffic accidents are the cause of an estimated 1.2 million deaths worldwide every year and are said to injury about forty times this number.
Every person who uses the road, whether in a car, motorcycle, van, lorry or as a cyclist or pedestrian has a duty of care to ensure the safety of not only themselves but also the safety of other road users. Due to this you should always ensure that you comply with the Highway Code.
With all personal injury accidents you need to prove that another person was at fault for your injury; you need to prove negligence, which demonstrates that the other road user failed to take responsibility for other road users. If you are a driver who is involved in a road traffic accident there are certain things that you must do; a driver involved in a traffic accident should stop whether or not the accident was their fault if the following apply:
• Anyone, other than themselves, is injured
• Another vehicle, or someone else's property, is damaged
• An animal in another vehicle or running across the road is injured
• A bollard, street lamp or other item of street furniture is damaged
It is also advised that you take down the names, addresses and telephone numbers of any witnesses to the accident. This is especially important if you are hoping to put in a claim for compensation. You should also always try and photograph the accident scene if possible as this demonstrates exactly how the accident took place. It is important that you gather as much evidence and information that you can at the time of the accident as the more you collect the more chance you have of a successful compensation claim.
In many cases it is obvious that someone caused a road traffic accident and there will be no dispute about liability, however there are often many cases where the liability and cause of the accident is unclear or where the extent of liability is difficult to work out. One thing that is however sure is if a driver runs into the back of another vehicle they will be held responsible for the accident, even if the car in front has braked sharply or unexpectedly, because drivers are required to drive a safe distance behind other vehicles. However, there may be circumstances when this does not apply, and if liability is disputed, legal advice will be necessary unless the insurance company is dealing with it.
Road traffic accidents are one of the most common causes of people putting in claims for compensation. They are sadly the most common type of personal injury accident and if you are unfortunate enough to be caught up in a road traffic accident then it is important that you speak to a lawyer/solicitor immediately if you are hoping to make a claim for compensation but remember you are only eligible for compensation if the accident was caused through no fault of your own.
Every person who uses the road, whether in a car, motorcycle, van, lorry or as a cyclist or pedestrian has a duty of care to ensure the safety of not only themselves but also the safety of other road users. Due to this you should always ensure that you comply with the Highway Code.
With all personal injury accidents you need to prove that another person was at fault for your injury; you need to prove negligence, which demonstrates that the other road user failed to take responsibility for other road users. If you are a driver who is involved in a road traffic accident there are certain things that you must do; a driver involved in a traffic accident should stop whether or not the accident was their fault if the following apply:
• Anyone, other than themselves, is injured
• Another vehicle, or someone else's property, is damaged
• An animal in another vehicle or running across the road is injured
• A bollard, street lamp or other item of street furniture is damaged
It is also advised that you take down the names, addresses and telephone numbers of any witnesses to the accident. This is especially important if you are hoping to put in a claim for compensation. You should also always try and photograph the accident scene if possible as this demonstrates exactly how the accident took place. It is important that you gather as much evidence and information that you can at the time of the accident as the more you collect the more chance you have of a successful compensation claim.
In many cases it is obvious that someone caused a road traffic accident and there will be no dispute about liability, however there are often many cases where the liability and cause of the accident is unclear or where the extent of liability is difficult to work out. One thing that is however sure is if a driver runs into the back of another vehicle they will be held responsible for the accident, even if the car in front has braked sharply or unexpectedly, because drivers are required to drive a safe distance behind other vehicles. However, there may be circumstances when this does not apply, and if liability is disputed, legal advice will be necessary unless the insurance company is dealing with it.
Road traffic accidents are one of the most common causes of people putting in claims for compensation. They are sadly the most common type of personal injury accident and if you are unfortunate enough to be caught up in a road traffic accident then it is important that you speak to a lawyer/solicitor immediately if you are hoping to make a claim for compensation but remember you are only eligible for compensation if the accident was caused through no fault of your own.
Subscribe to:
Posts (Atom)