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Best Way To Write A Lease-To-Own Contract	A lease-to-own contract is a binding agreement between two parties in which one party agrees to rent or lease property, car or big-ticket item, with the eventual purchase of the item. Rent to own contracts may be weekly or monthly, and the portion of the payment that goes towards the purchase price is to be determined by both parties. For example, if a customer is doing a lease-to-own contract on an HDTV that costs $2400, their lease-to-own contract may be $300 a month. $200 of the payment goes towards the payment of the TV, while the other $100 is a fee or the amount of money that the seller is charging to do a lease-to-own contract. Setting up a Lease-to-own Contract A lease-to-own contract should be looked over by a lawyer before both parties sign it. Despite the need to have it looked over by a lawyer before completion, there a few items that should be included in the contract. The following are important topics to cover in the lease-to-own contract: ? Identify the parties in the lease-to-own agreement. The owner and lessee should be identified, as should the item(s) that are being leased. Also, the overall purchase price should be clearly stated in the contract. ? Establish ownership. The contract should make it clear who retains ownership of the products or goods during the length of the payment period. If it is home, determine the amount of money needed for a down payment or closing cost. Also, both parties should decided if these payments are coming out of the monthly or weekly lease. ? Determine the length of the lease-to-own period. For example, will the lease-to-own contract be for one year, two years or longer. Will ownership transfer as soon as the final payment is made? If so calculate this date, and include it in the contract. ? Determine the lease-to-own payments amount. Calculate the monthly or weekly payment amount of the property or item. This contract should also include information about late fees, returned check payments and interest rates (if any). ? Define what constitutes a default of the contract. For example, non-payment, failure to pay property taxes (if needed) or another type of breach of contract. Record the Contract Recording the contract means that both party?s sign, date and acknowledge their agreement of the terms in the lease-to-own contract. It is best to have a witness or notary available to complete this process. Once the lease-to-own contract is recorded, it is legal and binding for both sides.
What Are New York State Window Tint Laws?	Tint laws specify the minimum amount of light transmittance on vehicles’ windows. Specific provisions for New York’s tint laws may be found in Section 375 (12-a) of the Vehicle and Traffic consolidated laws. The window tint laws in New York state were last amended in 1991 and are among the most severe of any state. New York tint laws require that all vehicles have no less than 70 percent light transmittance on the windshield and front side windows, excepting the top 6 inches of the windshield, which may be tinted to any darkness. Vehicles classified as station wagons, sedans, coupes, hardtops, hatchbacks or convertibles may not have back side windows of less than 70 percent light transmittance, while SUVs, vans and other vehicles may have any level of tint on the back side windows. All New York vehicles may have any level of tint on the rear window. However, if the rear window and rear side windows are tinted to less than 70 percent, the vehicle must be equipped with functioning side mirrors and properly adjusted so that the driver can have a clear view of traffic behind it. While there are no restricted colors of tint in New York state, windows may not appear metallic or mirrored. Furthermore, all tinted windows must prominently display a sticker between the film and the glass specifying that the tint level is within legal range. There are medical exemptions for individuals who must be “shielded from the direct rays of the sun” due to a variety of potential symptoms and conditions. You must consult with your doctor, have him or her make a statement to prove that you have such a condition along with the minimum amount of light you can tolerate, and apply with the office of the New York Commissioner of Public Health for an exception to the tint laws. The Commissioner’s Office will then provide you with a “sufficiently noticeable sticker” of exemption to affix to the affected windows, according to Section 375 (12-a). There are very harsh window tint laws in New York state for two reasons. First, having clearer windows improves visibility while driving, making it less likely that you will get into an accident. Window tinting especially decreases visibility at night. Second, clearer windows ensures that peace officers can look inside vehicles at a glance and make sure that there are no drugs or contraband in the vehicle.
Writing a Contract Addendum	A contract addendum is an agreed-upon addition signed by all parties to the original contract. It details the specific: These will be changed in the original contract but otherwise leaves it in full force and effect. Contract addendums are tricky to write because contract law is very clear that all parties must abide by the contract as it stands. The goal when writing a contract addendum is to only change the parts that all parties want to change while not creating any loopholes or unintended consequences in the agreement as it stands in writing. How To Terminate A Contract Letter You should make sure that your addendum looks like and is connected to the original contract. It should use the same typeface, margins, and font size, and it should be titled, “Addendum to _________ of (date).” The beginning section should list the parties to the original contract and should specify what certain terms mean, for instance, “the Contract” should be specified as the original contract, and “Addendum” should be defined as such. The addendum should specify the date at which it comes into effect. The most important part of the addendum is to list the terms and parts of the original contract that it modifies. Write things like, “The Contract shall be modified as follows,” with the old written portion and the new written portion side by side so that the differences are obvious. You may also use the strikethrough and bold styles to emphasize the added and removed parts, but be sure to identify what each style means. Any deletions from or additions to the original contract should be listed in the body of the addendum as well. Be clear, thorough, and concise in your writing. Finally, you should add a signature line at the end of the addendum so that all parties in the original contract may sign it. The original contract should be affixed to the addendum and filed by all parties. If the contract is a serious agreement with a lot of money at stake, it is highly recommended that you consult with an attorney to look over your original contract and addendum to make sure that it is airtight and that there are no loopholes created by the new additions. This is especially the case for long contracts where a change in one definition or term may affect the meaning of another.
What is a J.D. Degree in Law Mean?	A juris doctor, or J.D., is an academic degree awarded to an individual at the completion of a period of study at a law school. The holder of a juris doctor must take a bar examination given by the state in which the person desires to be admitted to practice law. The J.D. is a relatively new degree, having been first awarded in the 1960s, that was created to replace the bachelor of laws, or L.L.B., that law schools had been awarding to graduates. Acquiring the Knowledge to Practice Law The training of lawyers began as an apprenticeship program in which aspiring attorneys worked in the office of an established lawyer in what was known as a clerkship. The young clerk was expected to read the law and acquire the skills necessary to satisfy the attorney that the clerk was ready to join the ranks of established members of the legal profession. The process of admission to the bar during the clerkship era involved a motion by the attorney to the court asking that the clerk be added to the rolls of those admitted to practice law in the state. The process usually concluded with the court clerk making an entry of the new attorney?s name into a ledger containing the names of all those admitted to practice law in the state. The First Law Degrees Law schools came into prominence following the Civil War. Law schools offered a system for the education and training of prospective lawyers that could eliminate the wide variations in knowledge and skills produced under the clerkship system of legal training. Entry into law school required at least two years of college, but eventually this was changed to a requirement of a four-year college degree for entry into a three-year program of study at a law school. Upon completion of their studies, law students were awarded a bachelor of laws. Emergence of the Juris Doctor By the 1960s, the academic world and the legal community questioned the continued awarding of what was essentially a bachelor?s degree to a law school graduate. The juris doctor was adopted to replace the L.L.B. and give recognition to a law degree as a professional degree on a par with the degrees earned by medical school graduates. Most law schools today award graduates a juris doctor. A juris doctor is not a terminal degree. Holders of a J.D. can return to law school and pursue a graduate course of study leading to a master of laws or L.L.M. The terminal degree in the study of law is the doctor of judicial science or S.J.D.
What Is A Lien Release?	A lien release is when the holder of a lien, or security interest in a piece of property, lifts or waives the lien, rendering the property free to purchase. A mortgage is the most common type of lien and represents the security interest the bank has in the real property. If you plan on selling a piece of real estate with a mortgage, the bank that holds your lien must be involved in the transaction to make sure that the lien is released or transferred before the transaction can take place. If this does not happen and money is not repaid to the bank to service the debt, the bank can legally take possession of the house or prevent the sale of the property. When the lien release is signed, the bank acknowledges that it no longer has any claims on the real estate. There are many ways in which property can be lost. For instance, if the owners default on their taxes, the city or county may take ownership of the property and sell it in a sheriff’s sale. When the property is purchased, it may still have the liens against it. A home may still have liens against it if the owners simply walk away and stop servicing their debts. The bank still wants its original mortgage against the property, whether it is a home, vehicle, or other large purchase, and it can step in and prevent the sale if the lien is not paid. The buyer may need to hire a real estate or property attorney to advocate in court for a lien release. In general, ten years is the maximum amount of time that judgments and liens on a property last, so a lien release may not even be needed unless the bank fights it every step of the way. Depending on real estate laws in your county or municipality, the judge may be able to compel the lienholder to release the lien, but you should consult with your attorney before attempting this process. A trial will end with the judge either granting the lien release or demanding that one party pay a part or all of the debt on the property before clearing the lien. Property Law A lender is required to send you a notice of lien release at most 30 days following the repayment of the debt through purchase or through the final pay-off of the mortgage. If the bank does not provide this release, you may need to consult with your attorney.
Renewing Your Learner’s Permit	Learner’s permits typically require you to drive a certain number of hours with supervision and take a driver’s education class before you apply for a full driver’s license. However, it may be the case for a variety of reasons that you are unable to spend the time you need to feel confident in your driving ability or to meet your state’s requirements for a driver’s license before your learner’s permit expires. Permits typically expire after two years, and if your permit expires before you can get your license, you will need to renew it before you can get behind the wheel of a car. It is illegal to drive with an expired learner’s permit, even if you are following the permit rules and have a qualified driver in the vehicle with you. Different states have different rules and regulations regarding the renewal of your permit. Some states require you to visit the DMV before the permit expires, while others allow you to apply for renewal up to 60 days following the expiration. Some states require a permit renewal fee while others allow you to renew for free. Still, others will require you to take the written or vision test again in order to be issued a new permit. What Is The Penalty For Driving With An Expired License? It is a good idea to read up on the requirements for your state, but most states require the following documentation to renew your learner’s permit: Fees generally cap at about $20 but visit your state’s DMV website for specific pricing information for a learner’s permit. If you live in a highly-populated area or you know that the DMV will be crowded, you may want to make an appointment to renew your permit beforehand so you are assured of a quick turnaround time. Come in prepared to retake the vision and written tests unless you are 100 percent certain that you don’t have to do so. In addition to providing copies or bringing proof of identity, residence, and citizenship, you may also need to fill out an application to renew your learner’s permit. This application will contain standard information to fill out like your name, address, birth date, and permit number. You may fill out the application before you visit the DMV or pick up an application and fill it out on site.
What are Laws for Handicap Parking Spaces	Enacted in 1990 and amended in 2008, the Americans with Disabilities Act (ADA) established the rights of qualifying individuals with disabilities to have access to public parking spaces and building entrances. The website for all the conditions related to the Act is: www.ada.gov. Within the Act are federal regulations and guidelines for the establishment of reserved handicap parking spaces. Every state and territory has established laws regarding the application process for and possession of vehicle handicap plates and placards plus any associated fees. Within the ADA the federal government defines the location, the number, and the size of handicap spaces in public and private parking lots. Reserved parking lanes for handicap vehicles are to be located nearest to building entrances from the parking lot. If there is more than one building entrance, or no building entrance from the parking lot, the handicap spaces are to be nearest the pedestrian walkways into and out of the parking lot or nearest to an elevator. The number of parking spaces to be reserved for handicap vehicles and vans is calculated based on the number of spots in a parking lot. Lots with 1-25 spots need 1 handicap space; 26-50 spots need 2 handicap spaces; 51-75 spots need 3 handicap spaces; and 76-100 spots need 4 handicap spaces. Larger lots have different requirements. Lots with 101-150 spots need 5 handicap spaces; 151-200 spots need 6 handicap spaces; 201-300 spots need 7 handicap spaces; 301-400 spots need 8 handicap spaces; and 401-500 spots need 9 handicap spaces. Lots with a capacity of 501-1000 spots need to reserve 2 percent of the total spaces for handicap parking. Lots with a capacity of over 1001 spots need to reserve 20 handicap spaces plus 1 additional space for every 100 spots over 1001. Additionally, for every 8 handicap spaces 1 space must be van accessible. If a lot only has 1 handicap space, that space will also be designated as van accessible. The ADA provides the governing regulations for the width and height of handicap spaces. Each handicap space must be 8 feet wide and the van accessible spaces must have 98 inches of height clearance. The no parking space between handicap spaces must be 5 feet wide and the spaces next to or between two van accessible spaces must be 8 feet wide to accommodate the loading and unloading of wheel chairs and walkers.
How to Stay Anonymous When Reporting Drug Dealing	Drug dealing is a catch-all term used to describe a number of criminal activities connected with drug trafficking. They may involve smuggling, distribution, retail sales, manufacturing, and others. These activities are often accompanied by danger and corruption, and in some cases they bring about unpleasant effects; for example, street-level drug dealing can quickly turn a neighborhood to blight. The protracted War on Drugs has shown us that drug dealing is a problem that affects several levels of society. While prevention and treatment are the most powerful weapons against this wicked trade, law enforcement agencies working together with communities are also very effective in keeping drugs out of neighborhoods. To this end, police departments often rely on information from the public to help them find pockets of criminal activity and locate suspects. Over the last few decades, drug dealing has been enshrouded with violence and intimidation. For this reason, many people feel discouraged when it comes to alerting the authorities about criminal activity involving drugs in their neighborhoods. They fear that their information could cause harm to their families or to themselves due to reprisal from drug dealers that resort to violence. Concerned citizens who wish to stay anonymous when they report drug dealing have a few options. Law enforcement agencies often have internal programs in place to safeguard the anonymity of people who come forward with information about drug dealing, but this is not the best method. Information managed by police departments can be leaked, and this in turn can compromise the anonymity of informants. In the United States, the Crime Stoppers program has proven to be effective in the anonymous collection of crime tips. To get in contact with Crime Stoppers, informants must find the local telephone number, which can be searched online. Crime Stoppers operators are specifically trained to protect the identity of callers at all times, and each case is assigned a numerical code to follow up on. An additional measure of security and anonymity can be added by entering the code *67 prior to dialing the Crime Stoppers number. This will block the telephone number identifier. Callers must be mindful with regard to providing information that may compromise their identity when the investigation is conducted; for example, mentioning that they live close to street corners where drugs are sold on a retail basis or that they personally know suspected criminals.
Giving Up a Father’s Parental Rights	Choosing to relinquish parental rights is an emotional ordeal. When a father realizes that he cannot physically care for his child, he may decide that giving up parental rights is the best course of action. However, giving up these rights are not as simple as walking away. A process must be followed to legally relinquish parental rights so someone else may raise the child. Though the process varies from state to state, in most cases it begins with paperwork. The father begins by signing a Voluntary Termination of Parental Rights consent form. This form is notarized and then filed with the court. An important note is that fathers who relinquish parental rights are still obligated to support the child even after this form has been filed. He must provide physical care if there are no other options available. If the child is in the care of the mother or another caregiver, the father must continue to provide financial support. After the paperwork has been received, a court date will be set. The father must appear at the court to finalize the process. The judge may or may not grant termination of parental rights. He or she will weigh whether or not the father appears to have been coaxed into signing away his parental rights, if his judgment is impaired, or if it is in the best interests of the child. During the court date, a father should be made aware of any further financial responsibilities, such as medical or educational expenses for the child. Once the judge finalizes the termination, the father should receive a copy of the court order. A father may have a change of heart after he has terminated his rights to the child. The first step is always to hire a lawyer. He or she will guide the father through the process, but this does not mean that the father’s work is over. He must have evidence that the new living conditions for the child are not meeting his or her needs. Fathers must also compile character witnesses and reference letters from family members, friends, and co-workers to prove that they should have the control they once relinquished. The opinion of the child is also determined when weighing this decision. Fathers who have good relationships with their children are much more likely to have right restored.
Difference Between Joint Tenancy and Tenancy in Common	Joint tenancy and tenancy in common are two most common classifications of ownership of a property. The difference between these two is important when owning a house or a piece of real estate. This is due to the fact that more and more people are interested in purchasing real estate. These purchases are often done by spouses, who are legally married, or by friends who decide to buy and share a house together. During these purchases, the parties must be able to determine how they are going to take the title to their newly purchased house. This is important since it will determine their rights toward the home, whether they are still together, if they have moved to another house or if one of the parties already transferred residence. Basically, joint tenancy pertains to homeownership in which each party is on the home title and has an equal interest in the property. An example of a joint tenancy is the ownership over a house by a married couple. In this situation, each of the spouses has an equal share and interest over the house. In the case of divorce, each spouse may sell his or her share in the property. Once there is a sale, the joint tenancy becomes tenancy in common. Tenancy in common, on the other hand, refers to ownership over a certain property by two individuals without any right of survivorship. They are co-owners of the property and their shares and interest over said property are equal. However, there are also situations in tenancy in common when the parties do not have equal shares. The sharing scheme shall depend entirely on the stipulation of the parties. Joint tenancy and tenancy in common have different rules concerning the death of one of the tenants. This is the main difference between these two kinds of tenancy. In tenancy in common, the death of one of the parties shall have the effect of transferring the rights of the decedent tenant in favor of his heirs. In joint tenancy, the parties enjoy the right of survivorship. This means that when one of the co-owners dies, the survivor co-owner shall get the decedent’s share over the property. In joint tenancy, each co-owner’s possession, interest, time, and, title of the property is vital. In order for the transfer of rights to accrue, there must be a will of a deed executed in favor of the survivor. If you are looking to learn more about property law, check out our guide on Property Law.
What are the requirements for a hardship license in Texas?	A hardship license is granted to Texas residents who are between the ages of 15 to 18 who were able to complete an approved driver training course and who were able to provide proof of the need to drive. How Do You Look up License Plate Numbers? For the first reason, the applicant must show that he or she have met the conditions set forth by law such as: that the applicant is married and he maintains his own household away from his parents or guardians, the applicant is the head of the household, he has dependent children and is responsible for their care, that applicant is the only member of the household who is eligible to drive, that the head of the household is away making it necessary for the applicant to maintain the household, that there will be a difficulty for the other members of the family to drive the applicant to his school and place of work, that there is no school bus or other public transportation available to bring the applicant to his school and that the applicant works at his parent’s farm, which is the source of the family’s support. In order for the applicant to qualify based on the fact that a family member is ill and needs to be driven to a treatment facility, the former must provide a signed statement from a family doctor verifying that the sick member of the family should not be allowed to drive because of his health condition. If the applicant is filing the application based on the fact that he is attending avocational school, he must provide a letter from the school principal which certifies that the applicant is enrolled and that the course is eligible for academic credit approved by the Texas Education Code and that the applicant needs to drive in order to attend the course.
What are Employees’ Right to Stress Leave?	Stress is inevitable, especially the kind that stems from the workplace. Whether you have a major deadline coming up, or you are having a disagreement with a coworker, jobs can cause some of the highest amounts of stress in a person’s life. According to Everyday Health, workplace stress is ranked as the third biggest stressor in Americans’ lives, with 61 percent of adults attributing their jobs as a major source of stress. However, stress at work shouldn’t always be chalked up to an approaching deadline or difficult coworkers. Sometimes, the workplace itself can be a serious threat to a person’s health. One way to find some relief is to take a stress leave to cope with severe stress and mental health issues – but what exactly are your rights in the eyes of the law? Stress leave is an extended period of time where an employee takes off work to deal with and recover from a serious stress-related illness or injury, typically a mental illness. Laws regarding stress leaves vary state by state, as well as at the federal level, so it is important to contact your state’s department of labor if you are considering requesting a stress leave. Legally, employees’ rights to a stress leave depend on whether or not the company they work for is covered by the Family and Medical Leave Act (FMLA). FMLA “entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons.” Under the FMLA, employees who claim leave based on their own medical condition such as “stress,” must show that the leave is: (1) the result of a serious health condition and (2) that said condition makes the employee unable to perform the functions of his or her job. According to the United States Department of Labor, the following employees are eligible for time off due to the FMLA: The law states that the employee must have received “continuing treatment” for the condition. Said continuing treatment, according to the rulings of the court, must relate back to the condition that initially caused the incapacity to work. The law also states that if the employee did not receive inpatient treatment, he must show that he received treatment from a health service provider and that he was incapacitated to work for three consecutive calendar days. Failure to comply with the above requirement will deprive the employee from being entitled to an FMLA leave. If your employer is not covered by FMLA, this does not always mean you are out of luck. However, the requested stress leave is in the hands of your employer to approve and may be taken as unpaid personal days. The best way to know if your employed may understand a stress leave is to look at your benefits package. Does it mention that you are allowed to take personal days? If so, your employer may be more understanding of your request. Asking your employer for a stress leave is never an easy thing to do. It often leaves the employee feeling vulnerable as to how the employer will respond. If you are considering requesting time off for a stress leave, whether or not you are eligible under FMLA, it is important to do it during an appropriate time. If you are nearing a deadline or the company is in the middle of a busy season, it is best to wait until things slow down to put in your request. Filing for an FMLA leave only requires notice to the employer. A 30-day written notice must be sent to the employer in order for the stress leave to be approved. Also, medical certification must be submitted to the employer. A medical practitioner must attest that the employee suffers from a serious medical condition and explain how such condition impairs the employee’s ability to perform his work. The report must also include the required treatment. This certification can either be issued by the employee’s physician or a mental health specialist. Five days after requesting stress leave, you should hear back from your employer about the decision. If you do not agree with whatever they decide, you can contact the State Department of Labor in your area or the US Department of Labor. If your employer approves your stress leave, it is important to take it seriously and follow your doctor’s orders, so you return to work in a healthier, happier state. For more employment law information, here’s a look at How To Check For Unemployment Eligibility.
How to Obtain a Tax ID Number for an Estate?	The tax identification number issued to an estate is the same tax identification number issued to juridical entities that are required to pay taxes such as businesses. This is referred to as the Employer Identification Number or EIN. There are three ways to apply for an EIN which are as follows: by mail, by telephone, and online. In order to apply for an EIN for an estate, the applicant must be the administrator or executor of the decedent’s estate appointed by the court or by the decedent himself. The personal tax identification number and the Social Security number of the decedent will also be required in the application.
What is a Public Trust Security Clearance?	A Public Trust Security Clearance refers to a status granted to individuals which allows them to gain access to classified information such as state secrets and military classified data. They also may gain access to restricted areas after the completion of a thorough background check. In the United States, a security clearance is granted to individuals recognized to be under the maximum level of clearance. The clearance is issued to federal employees of various agencies whose positions directly or indirectly affect the public at large. In the U.S. there are three levels of public trust security clearances which are high, moderate, and low. These levels reflect the potential risk to the employing agency and the general public. The federal agencies designate the specific levels of security clearances that are at par with the level of responsibility entrusted to the position. How Do I Check On My Security Clearance Status? High Public Trust Positions include upper managerial positions, offices responsible for running major programs, and positions related to policy development and implementation, law enforcement officers, or any other position that requires the carrying of weapons. Moderate-risk positions, on the other hand, refer to those which pose a moderate to a serious threat to the public welfare. These include policy assistants, mid-level management, positions that involve independent actions, and service positions that require public trust. The third classification is the low-risk position which generally involves duties with a limited effect on the employing agency such as housekeeping, food service, and other support positions. Public trust positions include those which are responsible for policymaking, law enforcement, fiduciary management, public health, and safety, or any other activity which involves public welfare. These positions are considered as trust positions since they have access to sensitive data such as financial or personal records and other matters which can be manipulated to cause physical or financial harm to the public in general or to the controlling agency. The controlling authority for public trust security clearance investigations is the U.S. Office of Personnel Management (OPM). The investigations are conducted by the OPM or through an authorized investigating agency. The Office of Personnel Management is responsible for setting up the guidelines and implementation of the federal employment suitability programs and processes. It also conducts investigations of contract employees which requires a clearance. The OPM’s level of the investigation varies with the level of clearance sought. A minimum investigative level includes a National Agency Check with Inquiries or NACI. The investigation includes:
Calculating California Vehicle License Fees	After the purchase of a vehicle, state laws require that the same be registered with the Department of Motor Vehicles. The system of registration of vehicles was made for the purpose of having a compiled information regarding the number of vehicles used in a certain state, the number of vehicles owned by a particular individual, the number of traffic violations involving the vehicle or it’s owner and other related matters. In the process of registration of vehicles, the government collects fees and charges therefor. Some states provide an online tax calculator for this purpose. This is specially helpful if the applicant purchased a used vehicle from a private person. If the vehicle is purchased from a dealership company, the registration fees will be included in the purchase and will be dealt with by them. If the state does not provide for a service similar to car registration fee and tax calculator, it is a must to take note of the following factors which affect the determination of registration fees: In some jurisdictions, the city or county of residence, lien information, and other information on the vehicle such as the number of cylinders, vehicle weight, and fuel type are also considered. In the State of California, a system of Vehicle Registration Fee Calculator was made available to the public. Through the use of this system, the applicant for registration may select a calculation of the following: The result of the system’s calculation may vary depending on the data supplied by the applicant. The fees are mere estimates and are subject to statutory change. The following are the basic registration fees for non CVRA vehicles in the State of California: Registration fee $46; California Highway Patrol Fee $23; Vehicle License Fee – varies; Motorcycle Safety Fee $2; Unladen Weight Fee – varies; Smog Abatement Fee $20; County Fees – varies; Personalized or Special Interest License Plate Fee – varies. The following fees will be charged for CVRA vehicles: Registration Fee CVRA vehicles $122; California Highway Patrol Fee $37; Vehicle License Fee – varies; Weight Fee – varies; Smog Abatement Fee $20; County Fees – varies; Cargo Theft Interdiction Program Fee $3; CVRA Weight Sticker Fee $3; Personalized or Special Interest License Plate Fee – varies.
How to Obtain Police Reports	Record keeping is one of the most important functions of law enforcement agencies across the United States. Police officers are trained to document their observations and actions whenever they are called upon to perform their duties, and they do so on police reports. These reports become official records, and they are carefully kept for the benefit of the public. Police reports are generated just about every time a law enforcement officer responds to call. This includes motor vehicle accidents, arrests, investigations, and several other situations. Police reports are entered in criminal court proceedings, and they are also used by insurance companies when they investigate claims. Although police reports are rarely admitted in civil court cases, they can help attorneys in identifying witnesses and getting a better sense of how a situation developed into a lawsuit. The process for obtaining police reports can be different across jurisdictions and agencies. Police reports are essentially government documents and thus part of the public record, but this does not necessarily mean that anyone can simply walk up to a precinct and ask for copies. The procedure for obtaining police reports is statutory and usually falls under the freedom of information law of each state. In most cases, crime victims and people involved in motor vehicle accidents are allowed to go to a police department, identify themselves and request copies of police reports. Some jurisdictions allow attorneys to get police reports on behalf of their clients, but those who are not directly involved in the accident or incident may have to file a written request for public records. Just about all police departments offer the option of requesting and receiving reports in person. In some jurisdictions, police reports can be ordered online. The options to request police reports over the phone or to receive them by mail are becoming rare these days. Police reports are usually kept on file at the station they were written for a few days or a few weeks before they are transferred to a central archive location. The fees for obtaining police reports soon after they are created are usually very reasonable; but, the fees tend to increase significantly after the reports are sent to a central records facility.
What is the best way to find out the release date of a prisoner?	Before the advent of interface technology, the only method in order to find out if a certain prisoner has been released from prison is to verify the fact of release, via telephone call or personally, from the local prosecutor’s office or from the holding facility where the prisoner is being held. Now, this information can easily be accessed through the internet via the VINE system. The Vine System or the Victim Information and Notification every day is a Victim Alert Notification System which was initiated for the purpose of alerting the victims that the accused is about to be released on a particular date. This fact is particularly important for the victims, specifically in sexually related offenses, in order for them to implement some security measures in order to avoid contact with the prisoner. The information being relayed by this system is up-to-date and includes automatic notification of the information to the victim. The system allows easy access to information regarding the criminal cases and custody status of the offenders for 24 hours every day. How To Find An Inmate’s Release Date This service is free for: Victims may register online for the service. The identities of persons who registered will be kept confidential and will not be released to the prisoners. However, due to the growing number of records of prisoners in the country, more information is needed in order to access the release information of a particular prisoner. The following information may be required by the service: first and last name, middle initial, aliases, case number, court location, social security number, former address, date of birth, and location of the jail. The information released by the VINE must be taken seriously. Victims who are notified of the date of release of a prisoner may take precautionary measures in order to protect themselves if they are vulnerable to being harmed or attacked. If the victim feels that the prisoner may initiate contact, he or she may petition the court for the issuance of a temporary restraining order. But, this act may expose the current address of the victim. Thus, in order for the victim to be fully protected, he or she may petition the court for the issuance of a permanent restraining order. This shall prevent the prisoner from making contact with the victim. Any act or plan of future harm or attachment may also be prevented.
How to Give Someone a Power of Attorney	There are several reasons why getting a power of attorney (POA) may be necessary. Whether your health is declining or you plan to travel for an extended period of time, appointing a trusted individual as your power of attorney can make a world of a difference. Essentially, a power of attorney is a document that gives an individual (agent or attorney-in-fact) the legal authority to act on behalf of another person (the principal). The main purpose of this document is to ensure the principal’s health and finances are taken care of by someone they trust in the event that they become incapacitated and can no longer make decisions for themselves. Most people associate power of attorney documents with elderly dementia patients, but the need for a POA can be as simple as a principal needing an agent to sign a contract on their behalf while they are out of town. So, how do you give someone power of attorney? In this article, we’ll go over the steps you will need to take to appoint a power of attorney, as well as what to consider if someone asks you to be an agent. But first, let’s go over a few key terms that you will need to when learning how to give someone a Power of Attorney. Power of attorney is a binding legal document, so it is essential to fully understand your options. Whether an agent is appointed to take care of the principal’s finances, medical decisions, or both, their duties and expectations will be outlined thoroughly in the document. Keep in mind, each POA document is unique to each principal’s needs and desires for their future. Below are the different types of agents. With a springing power of attorney, the agent’s duties do not begin until the principal becomes incapacitated. The document must define what it means for the principal to be determined incapacitated, so there are no discrepancies between the two parties. The agent’s duties begin as soon as the document is signed and continue in the event that the principal becomes incapacitated. A durable power of attorney can be ordinary/general or limited; the details of the agent’s role and expectations must be outlined in the document. For instance, a durable power of attorney may allow an agent to handle a principal’s finances before and after they are incapacitated. All legal details of the durable power of attorney are covered in the Uniform Durable Power of Attorney Act (UDPA). The agent’s duties are not exclusive to one area of the principal’s life (i.e. medical, financial, real estate). Rather, this attorney-in-fact is responsible for making decisions across the board for the principal. Typically an ordinary/general power of attorney is appointed to a trusted family member when the principal is experiencing a decline in health. The agent is responsible for a specific area of the principal’s life, usually medical or financial decisions, but not both. In some cases, a limited power of attorney will grant an agent the authority to make a one-time decision, such as signing a contract on behalf of the principal. Giving someone a power of attorney is never easy. In many cases, the decision comes with a sick or elderly family member. And while it is difficult to predict what their future will hold, one of the best ways you can protect yourself and your loved ones is to appoint a trusted individual as attorney-in-fact. A power of attorney may be given to a person through a printed form. Each state has its own preferred form. These forms may also be printed or bought from online legal sites. Review the steps below to learn more about giving someone a power of attorney. While selecting someone to be your agent sounds rigid, it’s a matter of putting your life in someone else’s hands. Before jumping the gun, have multiple conversations with trusted family members and/or friends. The ones who know you best will be able to help you make this big decision – and, oftentimes, it is revealed to you which of your family members is willing to take on the responsibility themselves. If you do not have someone in your personal life that you trust to be your attorney-in-fact, you may consider hiring a professional fiduciary. This is simply a paid professional that will carry out your wishes once you are no longer able to. And generally, a paid fiduciary is appointed a limited power of attorney, only handling your financial assets. Once your agent(s) has been decided, you will want them to meet with your attorney so everyone is on the same page. You may wish to speak to an attorney to familiarize yourself with the process before you make any decisions at all. It is entirely up to you. Either way, your attorney will know all of the minute details that go into a power of attorney document. They will also be able to give you professional advice if you are struggling to make a decision. Maybe you need one person to make all of your financial decisions, while you have another person in charge of health care choices. Or, maybe you have one person in mind to handle manage all areas of your life. Is your agent responsible for a specific task like signing a contract for you, or are they in charge of making all of your financial and medical decisions until death? Fleshing out the details is extremely important so there is no confusion about the agent’s role after the document has been signed. Once you have determined who will be appointed your agent, as well as what duties they will be responsible for, it is time to create the power of attorney document. You can get this form from the American Bar Association or websites online. It is a simple template, so you do not have to worry about leaving anything out. Include your name, as principal, and the name of the attorney-in-fact. Each form already lays down the tasks to be accomplished by the agent. You only have to check the corresponding boxes of the tasks. You may then select the powers that you will give to your agent. In many states, the form must be filed before the county clerk to validate the document. Be sure to check your state’s requirements and discuss with your attorney before signing the form. You must also bear in mind that a power of attorney may be revoked at any time. You may also transform a general power of attorney or special power of attorney into a “durable” power of attorney. As already explained, it is “durable” since said authority endures even after the death of the principal or even after the principal was declared by a competent court to be incapacitated. You can also execute a “springing” power of attorney. This term pertains to an authority that takes effect only after the principal becomes incapacitated. Maybe you are a caretaker for someone in your life, or you have a sick parent. Either way, you want what is best for them, including the right people to help and support them through this difficult phase in life. If you believe you are the right person for the role, it can be a tricky – but crucial – conversation. And remember: getting power of attorney over someone is entirely their decision, but we have some tips to help you navigate the waters. After all, the power of attorney is in place to benefit the principal and make sure their wishes are carried out in the event that they can no longer make decisions for themselves. If you want to get power of attorney over someone, be sure that you fully understand what they want to happen with their finances and health care. It is also a good idea to discuss what your compensation will be as attorney-in-fact, if any. Obtaining guidance from an attorney is one of the most comforting parts of the process. Show the principal that you care and want to give them the best future possible by accompanying them to meetings with the attorney. Ask lots of questions, and loop the principal in on any conversations you have with the attorney outside of your meetings. As mentioned above, a principal may have multiple agents responsible for different areas of their life. If you have been appointed a limited/special power of attorney, be sure to speak with the other agent(s) about each of your roles and how you will work together for the betterment of the principal. As an attorney-in-fact, you will likely be faced with making difficult decisions. It is essential that you maintain record of every action you take on behalf of the principal. This can be as small as keeping receipts for food you buy the principal and as significant as making a medical decision for them. When making medical or financial decisions for the principal, you also must have the power of attorney document on hand to show banks, physicians, etc. Obtaining Power of Attorney can feel like a lot of pressure. After all, you are responsible for the financial and/or medical decisions on behalf of another person. While this role should not be taken lightly, you do not need to be concerned about being liable for the principal’s financial outcomes. For instance, many agents worry about the financial debt that builds up from nursing home fees and medical care. However, you are not responsible for paying off any debt or expenses incurred by the principal. The only way you could be held liable is if you act negligently and not in the best interest of the principal. Keep in mind, being assigned power of attorney is not the right choice for everyone. Ensure that you have the capacity to handle the responsibility and the desire to care for the principal. For example, consider if the principal has a medical emergency; you may need to take time off work, travel to meet them, or make life-altering decisions. If you are not comfortable or willing to do so, it is best not to agree to be an agent. Elder attorney John Ross stated, “Tell that person, ‘I’m concerned about you enough to tell you that I’m not the right person.'” If someone is concerned about their medical and financial future, assigning a Power of Attorney before things get worse is one of the best things you can do to ensure you and your belongings are taken care of. As previously stated, a principal can only grant someone power of attorney if the principal is legally competent. So, what happens if someone is in a sudden accident, or has dementia and is deemed incapacitated before a power of attorney has been assigned? While the principal will not be able to grant someone POA, there are other options for loved ones to consider. One of the options is adult guardianship (conservatorship), which is similar to a power of attorney. In this case, a judge would make the final decision on who should be the guardian, not the principal (if an adult is declared mentally incompetent, they are no longer able to make legal decisions0. The process of determining an adult guardianship can be expensive, as well as stressful for the family because it is often tied to an unexpected illness or decline in health of the principal. To learn more about POA, take a look at 5 Things to Know About a Medical Power of Attorney. A durable power of attorney is an exclusive type of power of attorney. A durable power of attorney is distinctive from a regular power of attorney and allows the agent to act on the principal’s behalf beyond the incapacity of the principal. A durable power of attorney may be immediate or springing. The immediate power of attorney starts immediately after the durable power of attorney has been executed. The springing durable power of attorney goes into effect after a specific event occurs. For instance, it can be the disability of the principal. Durable powers of attorney are often created to deal with property or health care decisions. When someone considers creating a durable power of attorney, it is important to choose the right agent. The agent should be a person that the principal trusts and who will not take advantage of the principal when she or he is incapacitated. The agent is often a family member or a friend of the principal. A durable power of attorney has certain advantages. Before it, the only way to take care of the affairs of an incapacitated person was to appoint a guardian. Appointing a guardian is a complex and costly court proceeding. A durable power of attorney, on the other hand, is a very easy and inexpensive procedure that does not require a judicial proceeding. All legal details of the durable power of attorney are covered in the Uniform Durable Power of Attorney Act (UDPA). All American states recognize some form of a durable power of attorney and versions of it vary from state to state. However, certain powers cannot be performed by the agent, such as the powers to create, edit or revoke a will, contract a marriage, vote or change insurance beneficiaries. A durable power of attorney can be revoked or revised at any time as long as the principal is competent to make such a decision. If the principal is not competent, a durable power of attorney continues until the principal dies. After a divorce, child custody issues often force ex-spouses to deal with one another on a semi-permanent basis. Once custody matters have been settled, these two individuals must periodically meet to discuss the terms of their agreement and exchange their children at changing points between their fixed custodial terms. For instance, one ex-spouse might meet the other on a Friday evening in order to pick up his or her daughter for a court-ordered weekend visitation period. In most cases, one partner enjoys a more robust legal relationship with her or her children. This is known as “full custody.” The partner who lacks full custody may be able to see his or her children at certain times in an arrangement known as “partial custody” or “visitation rights.” These custodial agreements are typically reviewed by a family court judge on an annual basis. If a change in circumstances warrants a revision of the custodial agreement, the judge may transfer, extend or terminate custodial rights as he or she sees fit. When an ex-spouse is convicted of a crime and incarcerated, such a change might be warranted. Most family court judges would agree that it would be improper for a small child to spend significant amounts of time with his or her parent in a prison setting. However, the incarcerated parent can forestall a semi-permanent change in custody by signing his or her custody rights over to another individual using the “power of attorney” privileges inherent in his or her position as a guardian. Legally, a parent can sign over custody to any competent adult. Probable custody targets might include the custodian’s long-term partner, ex-spouse, parents or siblings. For such a custody transfer to become official, several things must occur. First, a legal document that outlines the custody transfer must be signed by the custodial parent as well as by the new custodian. This document must also be notarized by a certified “notary public.” Finally, it must be authorized by a judge in order to become legally binding. Although this process is not complicated, it often requires the assistance of an attorney. If such a custody transfer takes place between an ex-spouse and his or her new partner, the child’s other biological parent may file a motion to review the event. If a judge finds that the grievances outlined in the motion have merit, he or she may nullify it and grant full custody to the other parent on a temporary basis.
How to Give Temporary Guardianship of Your Child	A temporary guardianship is usually secured by parents in favor of persons whom they trust to supervise their children’s affairs. Temporary guardianship pertains to the brief assumption of control by another person over the affairs of another who is a minor or who was declared as an incompetent. When full temporary guardianship over a minor is awarded to a person, the latter, herein referred to as guardian, shall have the authority to decide for the child in order to protect the latter’s interest. The guardian shall be allowed to reside with the minor for the period of the guardianship until the child’s parents return or until the court has found a person to be the child’s permanent guardian. A temporary guardianship is often resorted to by parents when they would be: Once a temporary guardianship is awarded by the court, the guardian shall have the authority to make decisions for the child’s welfare. The court may monitor the decisions being made by the guardian in order to ensure that said decision was made for the greater interest of the child. How To Write A Legal Guardianship Document A parent may file a petition to declare a friend or relative as temporary guardian of his minor children before the local family or surrogate court. Filing a petition before the family court for temporary guardianship is not necessary when one of the parents is available to take care of the minor. Temporary guardianship can only be availed of if both parents are absent to monitor the affairs of the child. If there is a necessity for the filing of a petition for temporary guardianship, you must think of someone whom you trust completely to be the guardian of your children. In appointing a temporary guardian, you must think of someone who personally knows your child and if said person has children of his own, they must be of the same age as your child. The guardian must also be informed of important matters such as prescriptions and other health concerns. In some jurisdictions, filing a temporary guardianship petition in court is not a requirement for a parent to grant temporary guardianship over his children. A notarized Temporary Guardianship Agreement form is sufficient in order for temporary guardianship to be effected.
Is it Legal to Buy Prescription Drugs from Canada?	Citizens of the United States often find themselves tempted to purchase prescription medication from other countries. The high cost of the domestic drugs themselves is only one factor that causes those in need to look elsewhere. The cost of doctor visits, which are often required for every refill, can add up quickly. The hassle of insurance programs that will cover only specific items from specific pharmacies is sometimes enough to keep patients from filling much needed prescriptions completely. With all of these obstacles, why not buy prescription drugs from Canada? One good reason is that it is often illegal. The U.S. Food and Drug Administration is the entity that is in charge of determining whether or not prescription drugs are both safe and effective. Drugs purchased outside of the U.S., even if they appear to be the same as those that are bought in the States, can have a different composition. Furthermore, drugs bought outside of the U.S. are not guaranteed to have been produced in facilities that are kept to the high standard the FDA requires of its domestic drugs. Because of this, it is illegal for companies or individuals to purchase foreign drugs with the intent to resell. It is also illegal for many individuals to purchase Canadian drugs for personal use. Federal officials exercise what they call “enforcement discretion” when deciding who can and cannot bring prescription drugs to the United States. Though it is technically illegal for individuals to purchase prescription drugs abroad except in certain circumstances, border patrol will generally allow non-narcotic prescriptions that are no larger than a three month supply. The same is often true of mail order pharmacies. As long as quantities stay low, custom officials usually do not enforce prescription drug laws. The FDA does allow some individuals to purchase prescription drugs from Canada for personal use if specific guidelines are met. Those who suffer from serious diseases may be prescribed a prescription drug that is not yet approved in the U.S. This is most commonly seen in certain types of cancers. When this happens, it is obviously necessary to buy drugs from Canada or other countries.
What is a blind trust and how does it work for lottery winners?	There are quite a few stories in the world of lotteries in the United States that describe unfortunate cases of winners who strike it rich only to lose their jackpot dollars to poor money management skills, scammers or dubious relatives that magically appear out of nowhere. The problems typically begin when the winners are identified by the lottery commissions and the media. Blind trusts are legal asset management structures that can help lottery winners control their money earned and maintain a certain level of privacy. In 2010, the $261.6 million Powerball Lottery jackpot went unclaimed for a month until an attorney showed up to claim the prize on behalf of his anonymous client. In this case, the lawyer was the trustee carrying out a money management instruction for a grantor and beneficiary who wanted to keep his or her identity a secret. A blind trust is essentially a deed that describes an agreement that falls under the category of irrevocable living trusts. As in other trusts, there is trust grantor, a trustee or administrator, and a beneficiary. When blind trusts are constructed for purposes other than to manage lottery winnings, the beneficiary is not be able to access the assets held by the trust. Some state lotteries encourage jackpot winners to deposit their prize money into a trust, though not necessarily a blind trust. For example, winners of the multi-state Powerball Lottery in the United States are not required to disclose their names as long are residents of, and purchased their tickets in, in Delaware, Kansas, Maryland, North Dakota, or Ohio. In other states, however, lottery winners must provide their names and the cities where they live in. Although a state lottery commission may require disclosure of name and place of residence from jackpot winners, blind trusts may still be set up to offer some level of asset protection. The trust must be constructed according to statutory provisions and rules of procedure; the grantor will also be the beneficiary, but these parties will not be identified and will remain anonymous throughout the term of the blind trust. The winning lottery ticket can be deposited into the trust as an anonymous donation. The trustee will have full discretionary powers to manage the prize money as they see fit; for this reason is essential to retain a reliable trust management company or a law firm with a few partners and associates. The distribution of funds is established when the trust is established and cannot be changed, which means that lottery winners must exercise caution when selecting this method to claim their jackpots.
Florida Labor Laws About Break During Work	Under the federal laws of the United States, the government, through the Department of Labor, has not enacted any laws that require breaks during a work shift. There is only one regulation applicable on breaks and that is when an employee is cheated of his overtime wages as a result of a short, unpaid snack break. This is also observed in the state of Florida. Technically, the U.S. Department of Labor does not have any policy on 30-minute lunch breaks, since they are not considered as working time. Employers are generally not required by law to pay for short lunch breaks. This is observed in all other states unless it has been the practice of the employer to pay for such lunch break. In Florida, employers usually allowed 30-minute lunch breaks for employees working on a six- to eight-hour shift. There are also coffee or snack breaks that usually last for at least 5 to 20 minutes and are often taken when the employee is working — for example, when a worker takes a snack while working at her desk. The taking of a coffee break or a snack break may raise issues with the employer since it may affect the work of the employees. Another issue is when the 15-minute break prolongs the working hours of the employee making the employer liable to pay overtime work for which the employee is entitled to under the U.S. Federal Labor Laws. Under Florida Labor Laws, employees are usually allowed with a 30-minute lunch break and 15-minute short breaks. This is applicable to employees who work in an eight-hour shift. Those who work under six hours are entitled to a paid break, but not a 30-minute unpaid break. In the state of Florida, employees who are under the age of 18 are entitled to have a 30-minute unpaid break for every 4 hours of work. However, this does not apply to 18-year-old employees who are still in high school. Employers, under federal government laws, are not required to give lunch breaks. Each state may decide whether or not they would like to make such lunch breaks mandatory. This is also applied in the State of Florida. At present, there are 19 states which require lunch breaks. They include: For more information on labor laws, check out Labor Law. If you work in Florida or have a business there and are running into issues regarding the labor laws and employment, get a free case review by a local attorney to clear up any questions.
How to File a Harassment Restraining Order	A Harassment Restraining Order is an order issued by the court in order to keep the offender, or any person acting on his behalf, from contacting the victim in any way. The restraining order also keeps the offender from making physical contact with the victim. The offender is technically prohibited to go near the victim or remain at a prescribed distance away from the victim. Any person who is a victim of harassment may seek the issuance of a restraining order from the Court. In the case of a minor victim, the parent or guardian of the minor may request for the issuance of the same. Once the restraining order is issued, it may prohibit any form of harassment from happening. A Harassment Restraining Order is issued against: Any one of these that promote or sponsor any form of harassment. What Happens If Someone Violates A Restraining Order? The petitioner may fill out the Petitioner’s Affidavit and Petition for Restraining Order. The affidavit must be complete and specific and must include the date, time, places, actions, and conversations that lead the petitioner to feel harassed. Said facts must be included in a narrative or affidavit stating the ultimate facts of the case. The Petitioner’s Affidavit and Petition for Restraining Order must be filed before the court administrator in the county where either party resides or in the county where the act of harassment occurred. Filing fees will be charged therefor. If the petitioner is indigent, he may file an “IFP form” which shall entitle him to waive the filing fee. Once the filing fee is paid, the court administrator will forward the petition to the judge for review. If the judge found that there is a necessity for the issuance of the restraining order, he shall issue it forthwith. Otherwise, the judge will order the dismissal of the case. The judge may also schedule a hearing, with or without the issuance of a restraining order. If the facts that are required for the issuance of a restraining order are fully established, the judge may issue the same for a period of two years or less. Said order will remain to be effective unless the petitioner or the respondent requests for a hearing for the purpose of opposing said order. The judge may also schedule a hearing on the facts in order to find out if there is a great possibility that the harassment is likely to happen.
How to write a letter of permission	People with school-age children are usually familiar with letters of permission requested by a school so their child can go on a school trip. Other requests for letters of permission arise in common, everyday situations including: ? A parent giving permission for a babysitter or caregiver to authorize medical treatment for a child ? A parent granting permission for a child to travel overseas with a relative or, in some circumstances, with a divorced parent who does not have custody ? A business or individual asking for permission to use copyrighted or trademarked material Unless the person receiving the letter of permission asks for a specific format or language, the choice of wording is up to the person writing the letter. There are a few tips that will help to make a letter of permission more effective. Address the Letter Address the letter by using the full name of the person, company or agency with whom the person getting permission will be dealing. When this information is unknown, address the letter: ?To whom it may concern.? Identify the Purpose of the Letter Begin the letter by explaining the specific purpose for which permission is granted. For example, if a parent is giving a babysitter permission to authorize medical care for a child, the letter should begin by identifying the writer as the child?s parent and state that its purpose is to give the babysitter authorization to obtain medical treatment. The precise permission language will come later in the letter. Give the Permission It is important to be clear and unequivocal in the wording of the permission section of the letter. One method of accomplishing this is to use the full names of the person giving permission and the person to whom permission is given. If the letter gives permission for the care, medical treatment or other activity in which a child is involved, the full name and age of the child should be included. The following sample wording might work for some situations: ?I (insert full name) give permission and consent to (full name of person to whom permission is given) to (identify the activity including the name of a child if appropriate).? A person should alter the wording to suit the type of permission given. Sign and Date the Letter of Permission Laws differ from state to state as to the formalities of signing letters of permission. Some states require that the letter be notarized or witnessed while just a signature and the date will suffice.
How to Order a Criminal Background Check on Yourself	If you’re interested in knowing what your criminal record says, ordering one on yourself is quite simple. Potential employers, landlords, and sometimes even educational institutions to screen renters, employers and volunteers use criminal background checks. Ordering a background check can be done in person or online, and will not require a lot of time or effort to obtain the record. The State Department of Justice, local sheriff’s office, or police station is the easiest contacts to communicate with in regards to ordering a record. All states store their criminal records in both a hard copy format and in a computer-based database. You’ll have to figure out if your state requires you to visit the: If you believe that you have a record, or know that you committed a crime in another state you will need to contact that state as well. Some states offer online ordering, which negates a visit to any law enforcement agency. Once you have figured out where the records are kept in your state, you will need to request an application for a criminal history report. The application will ask your name, address, and other identifying information like your Social Security Number or driver’s license number. There will be a fee to request the report, and you may have to show identification to prove that you are the person on the report. Some states require fingerprints as well. Once submitted to the state, a criminal background check will take a few weeks, and will be sent to the address you listed on the application. The Federal Bureau of Investigation (FBI) has an application called “Applicant Information Form”, which is used when people are requesting federal criminal information about themselves or others. The application will ask for name, address, social security number, birth dates, and current contact information. The FBI application requires fingerprints, which can be completed at your local law enforcement agency. The FBI request will cost $18 and will take approximately four to six weeks to be sent to you. If you don’t have the time to do a search on yourself, hire a private investigator or company that deals in background checks. This method will cost more, but you will not have to go to courthouses or put the time in to do it yourself. Finally, no matter how you get your record, you should review it for accuracy. If it is accurate, and you have criminal activity on your record it may be advisable to seek an attorney to discuss expungement or sealing of your record. This may make your criminal record look less risky for potential employers, landlords, and others needing this information.
Can I Get Unemployment if I Move to Another State?	Workers in the United States are generally able to collect unemployment insurance benefits even if they move to another state. In some cases, it is just a matter of formally reporting the address change. In other cases, however, the amount of unemployment compensation may vary, or else workers receiving benefits may be required to take additional steps for the purpose of updating the status of their claims. There are two major types of unemployment benefits that workers in the U.S. may be entitled to when they lose their jobs: Severance packages and unemployment insurance. Employers in the private and public sectors may offer a severance package, which can be paid out as a lump sum amount or in installments that match the pay periods of the company the workers was previously employed by. Severance packages may be required by means of agreements signed by employers and labor unions. They may also come as a penalty due to the employer’s failure to abide by the Worker Adjustment and Retraining Notification (WARN) Act. This federal labor law requires employers whose staffs are greater than 100 workers to issue a notice 60 days prior to a mass layoff or ceasing operations. Employers who do not follow the WARN Act provisions may find themselves paying their workers’ salaries for up to 60 days. Unemployment insurance is a federal program that is administered by each state. It involves the collection of funds authorized by the Federal Unemployment Tax Act (FUTA) from each employer. The Internal Revenue Service (IRS) collect the FUTA taxes on behalf of the unemployment insurance divisions of each state. Administration of unemployment insurance and benefits is left up to individual states, which explains the difference in payout periods, filing requirements and payment amounts. In the case of severance packages and WARN Act violations, employers must remit payments wherever the worker is located; the displaced worker simply has to notify the employers of his or her address. In the case of unemployment benefits, however, the worker must first check with his or her state’s labor and employment agency. When employees are fired or laid-off from their jobs, they must immediately file an unemployment benefits claim in the state that they work in. This is important for those workers who travel across state borders to get to work. Once they are collecting benefits and move out of state, they must notify their labor and employment agencies in order to keep getting paid. They may be required to register immediately in their new state of residence, and they may continue their job search in their new community.
Best Way to Legally Change a Child’s Last Name	Legally changing the last name of a minor child is a uniform procedure across the 50 States and the District of Columbia. Each entity has its own forms and filing fees, but the approval or denial of the request is made by the presiding judge in the county, city, or district court where the name change petition is filed. The final decision will be made based on the justification for the request and the best interest of the child. Each state’s website for downloadable forms can be found at www.namechangelaw.com/states.html. Forms can also be gotten in person from the local courthouse. To change a minor’s last name, the requester must be a parent, a legal guardian, or an adult seeking adoption. A situation could be where the mother never married the father and now either want to change the child’s last name to her maiden name or for the child to acquire the father’s last name. If the father’s name was not initially listed on the birth certificate, he has the right to request a DNA test before consenting to the use of his name. How to Change Your Name Legally File a petition with the court clerk explaining why a name change is being requested. Depending on local policies, the petitioner may be required to publish a notice of the petition in a public newspaper or on a court website. Provide the court with documents supporting the petitioner’s relationship with the child. These can be the child’s birth certificate, divorce papers if the parents were married, the requester’s personal identification, or legal guardianship documents. File a notarized affidavit of consent from the biological father showing his agreement to the name change. Attend a hearing on the petition. When the biological father does not agree to the name change, the judge will schedule another hearing to listen to both sides of the case. The judge will want valid justification from the father in order to deny a name change request. The judge will render a decision after the hearings. A copy of the legal document showing a name change approval will allow the child to start using the new last name. The original birth certificate cannot be changed to reflect a new name. For future legal purposes, all parties need to keep copies of all documents related to the name change.
How To Sue Someone For Slander	If you’ve ever thought about slander, you probably think of celebrities in the limelight. You might think of tabloids, press conferences, and talk shows, but slander is not at all exclusive to the rich and famous. Misconceptions like these surround the terms of slander, libel, and defamation of character. And while each term is closely related (more on that later), we’re going to focus specifically on unpacking the civil crime of slander: what exactly it is, how it is proven, and how to sue someone for slander. What Is Slander? Slander happens when someone publicly speaks damaging and false information about another person. It is a form of defamation of character. Slander is also similar to libel, another form of defamation, but it can be harder to prove in a court of law than libel is. People slander is spoken defamation (not written, like libel), there are several challenges that come along with pursuing a slander lawsuit. So, how do you sue someone for slander? Well, you must meet four requirements for your case to even legally be considered slander. Let’s take a deeper look at each of these requirements for slander. Publicly trash talking someone does not automatically qualify as slander. The statement must be false to be considered slanderous. What about opinions? While someone sharing their derogatory thoughts about another person in public is offensive – and quite possibly damaging to one’s reputation – it does not qualify as a false statement in the eyes of the law. To be false, the statement must have a factual nature. Now, publicly spoken does not necessarily mean the statement was made in front of a room full of people or on a podcast. Just one witness must be present in order for the false and damaging statement to be considered slander. Another aspect of slander that can be difficult to prove is the havoc it can wreak on someone’s life. For instance, if a person publicly bashed someone else, but the result of the comments were minor, the court would likely not consider it a serious case of slander. However, let’s say we have two competing restaurants in the same town, and one of the owners decides to share that the competition uses expired ingredients, when in fact that is not true at all. The statement could be considered slander only if the victim could prove that they lost business as a result of the false claims. If a statement is unprivileged, it means that it was completely unreasonable for the person to speak poorly about the victim. Comments that are made out of the left field, with absolutely no context would be considered unprivileged. However, if a journalist or reporter makes a statement about a government official that is seemingly false and defamatory, it may qualify as privileged because it is part of their job to openly uncover and comment on political situations. Unprivileged statements can be difficult to identify, so it is best to speak with a lawyer if you are unsure. Not only do you have to meet each of the four requirements for slander mentioned above, but public figures must prove a fifth point: actual malice. Acutal malice is the idea that the person speaking the slanderous statement had the intention of lying and harming the other person’s reputation. Actual malice cases can be extremely difficult to prove. Read more about Rebel Wilson’s highly covered defamation case. Slander per se is a form of slander that is considered when it is obvious that the defamatory statement has caused damage in the victim’s life. Defamation laws vary state by state, so you’ll first want to do a bit of research on how your area handles slander cases. For example, some states require the perpetrator to retract their slanderous statement as a part of the process. You also need to consider the jurisdiction of your case. If the slander took place in a state that you are not currently in, this may impact which state you are able to file the lawsuit. You will need to provide, in court, copies of the slanderous statements that the other person made against you, as well as proof that the statement checks off all the requirements we outlined above. As you are figuring out how to sue someone for slander, it’s best to reach out to an attorney (preferably one who specializes in defamation suits) to talk about your options. This doesn’t automatically mean you need to file a lawsuit against the perpetrator, but it opens doors to understanding your options. Once you have thoroughly discussed the case with your lawyer, he or she can file a lawsuit on your behalf. Your lawyer can most likely get a settlement for you if you have a strong case against the other person. A lot of times, slander deeply affects the lives of everyone involved in the case. When a situation is taken to court, it tends to prolong the emotional pain and suffering, as well as put an even brighter spotlight on the slanderous statement. It is possible to settle out of court if you and the person you are suing are both willing to do so. Sometimes, rather than focusing on how to sue someone for slander, hiring a mediator can be the best and quickest solution so you can move on with your life. Read more about the difference between slander and libel and how to handle both.
How to Write a Legal Memorandum	Legal memorandums form the basis of communications in the attorney profession. These documents can be used in different contexts, and the most common among them is to deliver a legal opinion to clients with regard to the issues and merits of a case. The intended readers of legal memorandums may not always be clients; they may also be associate attorneys, partners, or colleagues. In some cases, an attorney may be called upon to write a legal memorandum addressed to the court. The first step consists of defining the purpose of the memo, which can be written as part of a strategy to advise a client, to prepare a legal team for a trial, to ask for an opinion, or as part of a pleading. Proper research is the most important aspect of the legal writing process, and it should always be thoroughly accomplished prior to sitting down to write a legal memorandum. The next step is to settle on a format. Here are the sections found in the most typical format layout of legal memorandums: – Writer’s Heading – Legal Issue – Answer – Statement of Facts – Discussion – Conclusion The next step is to settle on a truly logical pattern that allows the reader to comprehend the argument. This means that attorneys should not simply write their recollections of events; they should rather persuade the reader to understand the details of the case and how the law relates or applies to them. The heading should include sufficient contact information about the writer and intended reader in addition to a one-line descriptor of the case. Since each case is bound to produce multiple legal memorandums, it is always a good idea to establish a numbering sequence in the heading. The legal issue is written in the form of a question that is answered in the following section. The statement of facts refers to the objective presentation of information provided by the client. The discussion that follows the statement of facts should describe the law as it applies to the case, and it should also state the pros and cons of at least one legal strategy. How to Write a Legal Statement of Fact The conclusion in a legal memorandum can be merged with the statement of facts, although readers would appreciate a conclusion that summarizes the entire document and outlines the legal analysis in a couple of sentences.
What happens when a condominium complex goes bankrupt?	The owner of a condominium receives a deed conveying a single unit in a building or series of buildings. A unit owner also acquires an interest in the common property of the building or complex. Such features as clubhouses, swimming pools, lawns, sidewalks, parking lots, and roadways are examples of common areas. An individual unit owner has title to the interior walls and from floor to ceiling, with other non-unit parts of the building structure designated as a common area. A condominium association representing the individual unit owners manages the property and is responsible for maintaining the common areas. Unit owners vote to elect a board of directors to manage the association and prepare an annual budget to finance the activities of the condominium association. The association’s revenues come from annual assessments imposed upon unit owners and paid as monthly common charges by each owner. Condominium associations rarely file for bankruptcy because state laws strictly regulate and impose government oversight upon the formation, operation, and management practices of condominium associations and their boards of directors. Economically struggling unit owners who pay their common charges, gross mismanagement by the board of directors or internal theft could leave a condominium association unable to meet its financial obligations to creditors. When condominium associations file for bankruptcy, they usually file for reorganization under Chapter 11 of the United States Code. Reorganization allows an association to restructure its debt under the protection of an automatic stay that halts collection proceedings during bankruptcy. A condominium association in Chapter 11 has: What Would Happen if the US Treasury Goes Bankrupt? Fortunately, the bankruptcy of the condominium association usually has little impact on the owners of the units or the complex. Most associations continue their management duties as a debtor in possession under Chapter 11 under the supervision of the bankruptcy court and the bankruptcy trustee appointed by the court to oversee the case. Because title to the real property of the condominium complex is held by individual unit owners who also each own a percentage of the common areas, the loss of the real property to the bankruptcy court or to creditors is not a risk.
What Happens If My OTC Stock Goes Bankrupt?	Over-the-counter (OTC) stocks listed on the FINRA Bulletin Board or on the Pink Sheets carry substantial risks for traders. The potential bankruptcy of the company is the ultimate risk, and in this regard OTC stocks are no different than their counterparts on the more reputable financial exchanges such as the New York Stock Exchange and the NASDAQ. In most cases, the shares of a company that goes through the bankruptcy process become worthless. This is the case for both private and publicly traded companies; it does not really matter if they are penny stocks or blue chip securities. It does not matter what type of bankruptcy protection program the company is seeking; it is mostly a matter of how the market will react, and most of the time shareholders will move to dump the stock in a flash at the first mention of insolvency. Listing and quotation systems such as the FINRA Bulletin Board and the OTC Markets Group Pink Sheets actually carry the stocks of bankrupt companies. This is because exchange systems such as the NYSE and NASDAQ have certain rules in place when it comes to handling the shares of companies that file for bankruptcy, which often includes sending them to the OTC markets. A publicly-traded company that files for bankruptcy does not automatically go through liquidation. A Chapter 11 bankruptcy filing, for example, allows a business enterprise to keep operating while it works out a plan to repay its debt. This, however, does little to assuage the concern of shareholders who will more than likely move to dump the stock. When this happens, stock values plunge dramatically and stocks go through the process of delisting. Investors should also forget about dividends. OTC stocks can be traded even if the company is in the midst of bankruptcy proceedings, but wise investors know to stay away from these volatile shares. A redemptive strategy in this case is to chalk it up to a loss and declare it as such when it is time to file a tax return. There are, however, speculative investors who scour through SEC filings and the OTC boards looking for bankrupt stocks that they can make a quick profit from, but this is a risk that is not worth taking. Not all companies that go through a debt restructuring period will emerge from bankruptcy, and when this happens their stock is really gone forever.
Are the fees I paid my bankruptcy lawyer and trustee tax deductible?	Basic Information Bankruptcy fees paid to lawyers and trustees can be either a tax deduction or not and it will depend on the type of bankruptcy filed, Chapter 7 or 13, and on the items included in the petition. In order to take any bankruptcy expense as a deductible item on your taxes, you will need to file a Form 1040 and itemize your expenses. If you file using the short form, you will not be allowed to claim any itemized deductions. Deductions Allowed by IRS Regular legal expenses for Chapter 7 and 13 bankruptcies and the filing fees, $299 for Chapter 7 and $274 for Chapter 13, are not deductible as defined in IRS Publication 908, the Bankruptcy Tax guide, which rules these fees as personal expenditures. However, if your attorney spends time communicating with the IRS regarding any tax issues you have; those fees are deductible and will be listed as a miscellaneous expense on your Schedule A tax form. Any fees that you pay to either your attorney or an accountant for the preparation of your taxes while you are in a bankruptcy proceeding will be taxable itemized deductions on your Schedule A Tax Form. Allowable Expenses as Tax Deductions Any item paid in your plan to a trustee that would normally be a tax deduction, such as back federal or state taxes, spousal support, delinquent mortgage payments or mortgage interest, can still be taken as a personal tax deduction. These are expenses that you are paying through the bankruptcy distribution process by your payment plan administrator, the trustee, and it is the same as if you were writing the check yourself. It is a good practice to ask an accountant or your attorney if you are not sure whether an item is deductible or not. Debt Forgiveness can be Excluded from Taxable Income There is one potential form of taxable income that you will not have to report on your taxes while in a bankruptcy payment plan. Under a non-bankruptcy basis, if a creditor forgives some or all of a debt, you, as the taxpayer would be required to include the forgiven amount as a form of income. Under the rules of bankruptcy, you will not need to report the forgiven debts.
What Are IRS Imputed Interest Rules?	Have you ever loaned money to a friend or family member? And not the 20 or 50 dollars until Friday, but rather several thousand dollars that was used to purchase a home, a car, or even start a business. If you did, you most likely did not charge interest since the loan was simply for the principle and you expect to be paid back at a particular time or over a set period. If you did this and the news of the loan somehow reaches the eyes of the IRS; you as the loaning party could be in for a huge and unpleasant surprise in the form of interest penalties invoked by the imputed interest rule. What is the imputed interest rule? In a basic sense, the rule states that in any case of a loan between two private parties, there has to be an interest amount paid to the lender. If there is not a set interest rate between the two parties, the IRS will invoke an interest rate of it’s own and tax the lender based on that rate. While the rule seems unfair on paper towards the lender, the cause for this may be the fact that the person receiving the money may be drawing interest on it through a bank or even claiming the loan payments on their tax return and thus cheating the system. It also ensures that money is simply not being laundered through no-interest loans through illegal means or purposes. How do you solve this problem? The easiest way to solve this issue is to set an interest rate that is very small and thus satisfying the demand for an interest rate put in place by the imputed interest rule. Yes, you will still pay a tax on the interest received but the amount will be minuscule in comparison with what the IRS would set in place. While it may also seem simply easier to claim the money is a gift you gave, this poses another problem that does not involve the IRS but can be far worse. If you loan money to someone but legally claim the money as a gift, there is nothing legally to keep the other party from deciding not to repay the money. In this case, any legal attempt to satisfy the loan will not be heard. The best way to satisfy the rule is to abide by it and simply set an interest amount that is agreeable to both parties. This will also satisfy the government’s demand that interest be paid and collected on the loan so it can be properly taxed.
How Much Does It Cost to Change Your Name?	The cost of changing your name can vary from state to state, and can depend on how thorough? and how fast? you want the change to be. The greatest expense in the process of changing your name is obtaining a court order. Although you do not need a lawyer to obtain a court-ordered name change, it can still cost in the range of $150 – $500 for various court and filing fees. Required documentation varies by state, and fees vary by county. There is no single fee that applies in every state across the country. You will need to check the website of your County Courthouse to find the precise amount required to file court documents where you live. Filing fees are usually around $25 per document. You can often obtain necessary forms from the courthouse free of charge. If not, you can purchase generic legal forms from an office supply store for $1 – $2 each. Forms required may be a Petition for Name Change, Order for Name Change, and/or Affidavit of Name Change. After the name change has been ordered by the Court, you will have to pay an additional fee, which typically ranges from $15 – $20 for each official copy you request. You then use official copies of your court order to have your name changed on other important documents. Some of the other places you need to remember to change your name are: Best Way To Change Your Name On Your Social Security Card If the process seems daunting, you can pay a professional to deal with it for you. For around $50, these companies will complete all of the various forms, address all of the envelopes to the right administrative offices, and send you the complete package. This costs you a bit more money but saves you the colossal hassle of dealing with all of the red tape involved in changing your name.
Preparing an Insolvency Worksheet: A Legal Guide	There are few experiences in life more stressful than facing ‘insolvency‘ that moment that you realize you have nothing more to your name than letters. You’re probably asking yourself, How could this happen to me? but the situation may not be as dire as you think. Before you start thinking of all the possible negative outcomes, it may help to get a better handle on the actual numbers you’re dealing with. Preparing an insolvency worksheet will help spell out the reality of the situation so that you can move beyond insolvency in your life. Using an IRS insolvency worksheet can be a sober reckoning, but it’s also a good foundation to make plans on how to bounce back. Here’s a look at what insolvency means and how you can put pen to paper to get you through it. According to the IRS, a person is insolvent when their total liabilities outweigh their total assets. There are some benefits to declaring insolvency with the IRS. When a financial institute or debt collector cancels some or all of the debt you owe, you will be issued a 1099-C. This will reflect the amount of money that was canceled or settled. Unfortunately, the IRS will consider any money reported on a 1099-C as a form of taxable income unless you can prove that it was insolvency during the time that it was canceled. Here, the debt that has been canceled can be excluded because of insolvency from income under an IRS “insolvency exclusion.” This debt can also possibly be excluded in Title 11 bankruptcy exclusion or if the discharge dealt with real property from a business or farmland. If you believe you might qualify for any of the above exceptions for insolvency, be sure to review IRS Form 982. With respect to the IRS, it’s essential to discern between recurring debt difficulties and creeping insolvency so that you can address the problem properly. Insolvency typically occurs in one of two ways: As an example of asset insolvency, let’s say someone’s assets include a car (worth $10,000) and a home (worth $200,000) and they have total debts in excess of $250,000. In this case, that individual is insolvent by $40,000 because their total debts of $250,000 exceeded their cumulative assets of $210,000. If a creditor you owed chooses to discharge $20,000 in debt owed, then because of the insolvency exclusion, that $20,000, which is normally taxable, is no longer taxable as income. If you believe you can make your way out of debt, then you should consider testing that out to determine if you can remain solvent in the coming months. However, here are some telltale signs that there might be more problems afoot: An insolvency worksheet helps you to determine the degree to which you are insolvent. Specifically, it tallies and compares your liabilities to your assets to make the determination of whether you are actually insolvent and, if so, to what extent. First, prepare a list of all of your assets and indicate the fair market value for each. An asset is considered a valuable item that you can sell for cash. Assets can include your car, your home, jewelry, or other valuables. You should also make a list of all of your liabilities. Liabilities include any additional debt that you might owe. Finally, you need to create a financial statement that compares your liabilities to your assets. Ideally, you want the table you create to demonstrate the fact that your liabilities in dollars exceed the fair market value of all of your assets. This insolvency worksheet must be created at the time you receive the debt cancellation or the settlement. The only way that the IRS is going to deem you insolvent is if you complete the table as soon as you receive the 1099-C. In the event that you are insolvent, you are not required to file your 1099-C as an income. If you don’t yet know whether you’re insolvent or not, or whether there may be other tax laws that can benefit you, consider getting an initial legal review of your situation today.
Finding Selective Service Registration Number Online	Who Must Register with Selective Service In the United States all male US citizens, US nationals, dual nationals of the US, and non-citizens living in the US who are between 18 and 26 years old must register with the Selective Service System (SSS). Men already in the military at the time of their 18th birthday are not required to register unless they are still under the age of 26 when they are leave the military service. To date, females are not required to register. Failure to comply with the national law to register can result in a criminal conviction with a fine up to a quarter million dollars and/or a term of imprisonment not to exceed five years. How to Register with Selective Service There are four avenues available for men to register with the SSS: (1) At a Post Office where a Selective Service mail-back form is available and the applicant does not need to have a social security number; (2) On an application form for Federal student aid by checking the ?Register Me? box and the education department will provide the information to the SSS; (3) At a high school with a participating SSS registrar who assists students with their registrations; and (4) Online at www.sss.gov/registration to fill out a short registration form. A registrant must have a personal social security number to use the online form. Finding a Selective Service Registration Number Online and Telephonically Individuals can check on their selective service registration numbers in one of two ways: (1) Non-electronic registrants can call the Selective Service registration information hotline at 1-847-688-6888; or (2) Online registrants can find a selective service registration number by using the online registration form search engine available at www.sss.gov/registration/verification. An individual will need to have the following information; the registering party?s last name, social security number and date of birth to get a registration number. General Information Regarding Selective Service Registrations Without proof of having registered with the SSS, men will not qualify for nor will they be permitted to have or receive student loans, federal employment, security clearances, Workforce Investment Act training programs, and US citizenship. Selective service registration number verification cards will be mailed within two weeks to those who registered online. Verification cards for those who used a student loan or the postal system for registration may have to wait up to 90 days for acknowledgment of registration.
Best Way to get a Copy of Last Year’s Tax Return	Every day in locations across the United States there are a number of individuals needing tax return information and forms filed during a prior calendar year. Some people need tax filing data for legal, financial and employment purposes. Other individuals are trying to piece their lives back together after destructive weather activities. There are several ways that individuals can get a copy of last year?s, or several prior years?, tax return forms depending on how the forms were originally completed and filed. Several of the best options for how to get a prior year?s tax information are listed below: Professional Tax Preparers If someone used an income tax preparer service such as H&R Block, or a personal CPA or Tax Attorney, copies of the filed tax forms can be obtained with one telephone call. The preparer will have the forms in the client?s file and will either mail a hard copy to a street address or electronically send the forms to the client?s email address. This service should be free from the tax preparer or for a small fee for copying the files and for postage. Self Filed with Online Programs If someone used an electronic program such as Turbo Tax or e-file, the forms will be available in a file folder. If someone cannot remember their log-in information, the program host will assist the individual with retrieval of the information. The tax filer will be able to download the forms onto a personal computer where the forms can then be printed out. The retrieval of tax forms from an electronic service should be free of charge. Self Filed with Paper Forms If someone filed using paper forms and did not make a copy for himself, that tax filer will need to request the desired tax return forms from the IRS and from the appropriate State Comptroller. Using IRS for Tax Return Forms The IRS offers two methods to retrieve a prior year?s tax information: (1) Use of the IRS Form 4506-T will get someone a free transcript of information originally submitted on the tax forms. A transcript will fulfill legal, financial and employment requirements, or (2) Use of the IRS Form 4506 will get someone a copy of all the tax returns with supporting schedules and income information such as W-2s and 1099s for a fee of $57. Forms are available on the IRS website www.irs.gov or by calling the IRS toll-free number 1-800-908-9946.
Best Way to Get the Number from a Blocked Call	Receiving a phone call from a blocked number is extremely frustrating. Sometimes it can even be a frightening experience. Most of the time, a blocked phone call comes from a reporter or a telemarketer. Unfortunately, there are times where individuals received blocked phone calls from people who are pulling a prank or even making threats. Fortunately, both the local law enforcement and your phone provider should be able to help you find the number behind the blocked calls you have been receiving. Make Note of When You Received The Phone Call It is extremely important to keep a detailed recorded of blocked phone calls when you want to find out the number behind the call in order to get the calls stopped. This means you need to write down the date and time that the call took place. You should also record as much information as you can about the call. This should include anything that was said, if you heard heavy breathing, when they hung up, as well as any background noises you may have heard. Contact the Customer Service Department of Your Phone Provider The customer service department of your phone provider is going to be able to tell you exactly what you need to do in order to trace the phone call. Typically, you are going to have to work with the company as well as the local law enforcements in order to obtain the number. Give All Your Records to Local Law Enforcements Local law enforcement are going to be more likely to get involved if there is a clear pattern between the phone calls you are receiving. This is why it is so important to make sure that you document every single phone call. Once you start to receive multiple phone calls that are clearly coming from the same source it is considered harassment and local law enforcement will be happy to step in. Keep in mind, once law enforcement are involved you are going to need to keep the caller on the line for a certain period of time so the call can be traced. You are also going to want to consider pressing charges. While it can be an expensive process is is the only want to prevent the person from continuing to call you from a blocked phone number. The only other option you really have when it comes to receiving blocked phone calls is to consider having your phone number changed and getting put on your phone companies do not call list. This will make it more difficult for telemarketers to get ahold of your phone number.
What happens if I violated my DUI probation by not being able to pay for the alcohol classes the court ordered?	Most states require motorists convicted of an alcohol- or drug-related driving violation to complete a state-approved DUI program. The intent of the programs is to reduce the number of repeat offenders by offering education and instruction on the dangers of driving under the influence and to offer a forum in which participants can address personal issues they might have with alcohol or drugs. Private companies that must meet state standards usually present the programs for which they are entitled to charge a fee. If a DUI program is a condition of the sentence, being unable to afford the program fees is not an excuse for not attending. A person on probation who fails to fulfill the conditions of probation, including attending a DUI program, can be charged with a violation of probation. If a judge agrees that the person violated the terms of probation, the judge has the authority to impose a new, and usually harsher, sentence. California, Florida and most other states have procedures by which a person convicted of a DUI can ask a judge to reduce or completely waive the fees normally charged for the state?s DUI programs. For example, California prohibits the operators of its state-approved DUI programs from preventing anyone from participating based upon the person?s finances. Program operators are specifically prohibited from wait-listing a participant or referring a potential participant to another program provider based on the individual?s inability to pay. Under most programs, a person convicted of a DUI who lacks the financial resources to pay the fees charged for the court-mandated program may obtain a waiver by presenting proof of indigence with the company offering the DUI program. For instance, DUI program operators in Florida are required to have written criteria in their operations and policies manual for handling requests for waivers of program fees. Individuals who cannot raise the money to pay the fees for a court-imposed DUI program should discuss the issue with their probation officer. Procedures for obtaining waivers vary from state to state, but a probation officer would know how to make a request for a waiver, and to whom the request should be made. Ignoring the DUI program will probably result in the imposition of additional penalties, but the condition to complete the program will not go away.
If I own two homes, can I file bankruptcy and keep one of my homes?	Making the decision to file for bankruptcy is never one that comes easily. Most of the time, it is a last resort for someone who is facing extreme financial hardship related to medical bills, divorce or job loss. For those who own their own homes, it can be difficult to make the determination about whether you want to keep the home or let it go in the bankruptcy. At times, it may be best to just walk away from the homes, but in the event that home is your dream home, it may be best to work out some type of agreement with the mortgage company to keep your home. Regardless of whether you are going to get rid of one home and keep the other, you will need to follow certain steps to secure your property for the long run. If you already have payments that are behind on the home, the court will place an automatic stay on the property for you. Until that stay is lifted, the mortgage company cannot initiate foreclosure proceedings on your home. Upon removal of the stay, they can proceed to foreclose on your home as normal. If you are planning to keep your home, you will need to follow certain procedures to reaffirm your debt with the mortgage provider. Your bankruptcy attorney will need to send a letter to the mortgage company specifying that you want to keep your home, set up the payment arrangements and receive financial communication from them. The mortgage company is going to require a few documents to help determine your eligibility for one of the repayment plans they offer to help with your past due payments. You will also need to include a letter of hardship that explains why your payments got behind in the first place. Make sure to outline your current monthly obligations and include a pay stub to prove that your income will allow you to make the necessary payments on your mortgage. Once the repayment plan is put into effect, you will need to make sure you don?t miss payments or it will void the agreement. Once the past due is paid, you will be able to sign the reaffirmation agreement for your home. In short, you will not have to worry about forgoing your home if you decide to keep it. You are in control of whether you want to give the home to the lender or reaffirm your agreement with them, regardless of how many homes you have.
How soon after bankruptcy can you rent an apartment?	Even though many people worry that they are not going to be able to rent an apartment after filing for bankruptcy, that is not always the case. Bankruptcy filings may hinder your ability to secure the apartment that you desire, but you have plenty of options waiting for you out there. For those who appear confident, possess a clean image and effectively communicate the strengths of your current financial situation, you will be able to find an apartment to rent directly after your bankruptcy is discharged. When you are trying to figure out where it is that you want to rent, make sure to ask the leasing agent about their specific credit requirements and deposit required for you to rent the apartment. Most of the time, the management company is going to require a credit check before they end up renting you the apartment. Once you know what it is that the company requires, you will be able to discuss the terms of your bankruptcy in the first place. Let the company know that you had a financial hardship that caused you to file for the bankruptcy relief in the first place. Explain to them why it is that you were left with no other option than to file for bankruptcy. Make sure that you express your interest in their facility and your intentions to pay the rent on time every month. For those that have solid history with other lenders, the property managers will take that into consideration and rent you the apart straight away without stipulations. Other complexes may make you wait until you have a proven track record of paying your rent on time elsewhere for a minimum of a year. Ask the complex about their short-term rental policy to help you gain their trust. Some management companies may not be willing to forgo a year lease with you, but they will start you out with something smaller to see how well you handle the payments on your new apartment. This will help you to reestablish your credit rating while living in the place you love. In short, the length of time it will require to get into a new apartment after your bankruptcy is going to vary based upon where it is that you want to live. Many places will let you into an apartment right out of bankruptcy, so you will not have to worry about any delayed wait times.
Is It Legal For Me To Ship Wine Home To The United States From France?	Many international travelers become enamored of specific foods and beverages in the countries they visit ? especially wines. Visitors to wine-producing countries such as France or Italy would like to know that when they are back to ?real life? ? at home in the United States ? they will still have access to their new favorite red or white. But what if your favorite is only available in France? You may be tempted to purchase a case or two of it, planning to ship it home ? as you might do with a piece of artwork or designer clothes ? but that may be much more expense and bother than it is worth, no matter how much you enjoy a particular make or vintage. Importing wine from a foreign country such as France into the USA requires extremely complex and time consuming documentation, and can only legally be done by licensed shipper/importers. Even if you were to have a special connection with a licensed wine importer in your state, and could convince them to go through the shipping process for you, the cost and time involved in all of the bureaucracy makes shipping small quantities (such as for personal use) prohibitively expensive and inconvenient. Some may be tempted to box a case of wine up and mail it to their home address as if it were a gift, but this is not a good idea. Although the French postal service may have no issues with accepting your package, it is absolutely against federal law to send alcohol through the US Postal Service. Confiscation of your package and heavy financial penalties, as well as the possibility of jail time, could be the result of trying to surreptitiously mail yourself a crate of your favorite Rosé. Shipping companies such as FedEx and UPS ? although they will transport shipments of alcohol ? have strict requirements for alcohol importers to be fully licensed, and will refuse all personal shipments of wine. Making the issue even more complicated is that wine shipping laws vary from state to state. Every state has an Alcoholic Beverage Commission, with its own laws regarding the transport of alcohol ? whether from another state or another country ? across the state?s borders. Some states have even completely banned shipments of alcohol across their borders in either direction, regardless of who the shipper or recipient may be. A traveler?s safest bet is to pack some bottles in checked baggage, declare them at customs, and be prepared to pay some fees. In the past (pre-9/11), it was possible to carry a few bottles in carryon luggage, but restrictions on liquids in carryons have taken that option away. Unfortunately, some airlines will not accept cases of wine as checked baggage, either.
Do you have to disclose a DUI on an employment application if the DUI was expunged off your record?	Driving under the influence (DUI) is usually a crime designated as a misdemeanor or a felony. A person convicted of a DUI has a criminal record under the criminal laws in most states. A DUI arrest or a conviction can make it difficult for a person to obtain employment, but the laws about disclosing the DUI to a prospective employer differ from state to state. The Society for Human Resource Management conducted a survey in 2010 revealing that 92 percent of employers did criminal background checks on all job applicants. There is no federal law prohibiting an employer from asking a job applicant about arrests or convictions. A person with a DUI record must rely upon protection under state law from having to disclose the information on a job application. For example, some states prohibit an employer from asking a job applicant about an arrest that did not result in a conviction while other states do not. A person convicted of a DUI can ask a state court to expunge the records. If a judge orders expungement of a criminal record, a person does not have to disclose the conviction or arrest on an employment application. Expungement removes the record of the arrest and conviction from the courts, law enforcement agencies and correctional facilities. As far as the law is considered, the arrest and court proceedings never happened. The problem with expunging records is that not all states allow it. For instance, New York does not allow a person to expunge criminal conviction records, but New Jersey does allow expungement. A person should consult with an attorney in their home state because some states that allow expungement of criminal records do not allow it in cases in which the charge was a DUI. In some states that do not allow record expungement, the law allows a judge to seal the records. An order sealing a criminal record prevents it from appearing on criminal background searches sent to employers by the state. Most states that permit a judge to seal criminal records do not allow it in cases involving a DUI or other alcohol- or drug-related driving offenses. Unlike expunged records, sealing does not mean the charges never occurred. It merely makes it difficult for an employer to verify. A job applicant who answers a question about a DUI in the negative because it was sealed would technically be lying to the employer.
Can I change my plea at pre-trial?	Once you have been charged with a crime and made an initial plea, the judge will then assign you to a pre-trial date. Most of the time, this hearing is around 30 to 45 days after you have been arraigned. Even though it is not the actual trial, you are going to be in front of the judge for the proceeding. This is an imperative part of the proceedings because the judge is also going to provide you with a trial date. You are also going to meet with the prosecutor and discuss that information they have against you for the offense. When it comes to the pre-trial, the prosecutor is going to give you another chance to accept their plea deal. It may be the same offer as originally provided to you when you were arraigned, but it could also be something completely new. If the offer is new, it could end up being better or worse than the original offer they provided for you. For those who decided to accept the plea provided from the prosecutor, you can enter into a guilty plea from that of not guilty previously. When you change your plea to guilty, you are giving up your right to an appeal and the right to have a trial. You will receive information from the judge on how to complete your sentence and excuse you. At that time, you will be done with your day in court. If you end up deciding not to take the offer from the prosecutor because you want to go to trial and fight the charges you are facing, you will get a trial date from the judge. For those who opt for a trial, you will have to complete the pretrial statement for the court. Make sure to list all witnesses with complete information, so that way they can call them in on your trial date. If you fail to provide the information for a witness on the pretrial statement, they will not be allowed to testify during your trial. You will also need to outline any evidence that you plan to bring into light at the trial. In the end, you have the option of changing your plea at the pre-trial, but you want to make sure you fully understand what it is that you are dealing with on your charges and not digging yourself deeper into trouble.
Can I get Financial aid when my parents file bankruptcy?	Being able to get a solid education is important in today?s society for securing a good job. Many people worry that they are not going to be able to obtain financial aid for college if they file for bankruptcy, but that is not the case today. For those students who are depending upon their parents to be able to fund their education, they worry that they are not going to have options for getting the money they need for college with a bankruptcy on the record. When it comes time to go to school, your parents will be able to help you with a number of different financial options to help handle the cost of your education. For example, student loans are a great way to fund the college education. Most of the time, you don?t have to worry about being denied a request for student loans because they are based upon need and not credit. The amount of money you get is based upon what year you are in school and the amount of need demonstrated by the individual. The school will be able to calculate your financial aid based upon the information provided in your FAFSA form. For those who are depending upon their parent?s information, you will need to make sure you put that information into the form for review. Another great form of financial aid is that of the Pell Grant. This is a set amount of money that is awarded every year based upon specific factors that determine if you qualify or not. Depending upon the price of your tuition, this amount may be enough to pay for your tuition and books for the entire semester. Since you don?t have to pay this form of aid back, many people enjoy taking advantage of this form of aid. As long as you don?t have any drug related convictions on your record, you will be able to obtain some form of financial aid without worry. It doesn?t matter how bad your credit history is or if you filed for bankruptcy because there are options from which you can choose to get the funding you need for college. Just because your parents filed for bankruptcy that doesn?t mean you are going to be stuck trying to pay for your college education out of pocket. You will be on your way to a solid education in no time with the help of financial aid from the school of your choice.
Can I Still Get My CNA License With An Un-Disposed DUI Charge?	To answer this question you have to look at the laws of the state that you reside. Whether or not you can get your license depends on a couple of factors. Regardless of whether it is un-disposed, it will show up on your record. When you have met all the requirements to get your CNAS license usually a background check will be required. Most states have specific requirements for CNAS. For example, some states will require additional paper work to show the circumstances of the DUI and the progress made since receiving it. In the event that you lied on your application about said DUI that can be grounds for denying you the ability for getting you license. In California, the Nurse Practice act considers an unprofessional action, like a DUI reasons for discipline. This could mean a delay in getting your license with a chance to appeal. If your DUI is in the past, meaning a few years back, they will consider those facts. The process of obtaining a CNA license is quite difficult and is important you disclose this information from the very beginning. Everyone makes mistakes, but it is big ones like this that can keep hurting you after the fact. Usually a DUI in the past will not affect your ability to get you license if the proper steps are taken to show improvement. In the event you get a DUI after receiving you license the process will be very different. A DUI will remain on your record for seven years as long as you are truthful on your application there should not be a problem. Remember to check you state requirements to make sure there are not any additional steps needed for your particular program. In the event that your state does decide on a case-by-case basses you will need to have more details to provide and the reasons the case is un-disposed. With most states, it will be a simple yes or no. Making sure you do your due-diligence will make sure you do not run into an issue with it later on and that you will not get them taken away after you worked so hard to get them. It will also do you some good to speak to a lawyer about your options, and maybe they can work out a game plan for acquiring your license despite the DUI.
Use Form 7004 for Extension of Time to File a Corporation Tax Return	According to IRS.gov, corporations should use form 7004 when they need additional time to file tax information. The form is titled Application for Automatic Extension of Time to File Certain Business Income Tax Information and Other Returns. Corporations are granted either a 5 or 6 month automatic extension. If for some reason the IRS decides to terminate the automatic extension it will notify the corporation by mail. The form must be filed by the normal date your taxes are due. Corporations need to estimate their tax and submit that payment along with form 7004. If a corporation has more than one division with different Tax ID numbers, each division must be listed on a separate sheet indicating the name, address, and tax identification number (TIN). Instructions included with the application advise that form 7004 does not extend the time for payment of the taxes. If taxes are paid late, the corporation will face a penalty for filing late as well as penalty on the tax owed. Interest will also accrue on the unpaid tax at a rate of .05% to 1% per month. However, if the corporation can prove reasonable cause for the delay, the IRS will consider reducing or removing the penalty. Form 7004 can be found at http://www.irs.gov/pub/irs-pdf/f7004.pdf. The instructions are at http://www.irs.gov/pub/irs-pdf/i7004.pdf. The IRS provides additional details at http://www.irs.gov/instructions/i7004/ch01.html. The instructions also tell corporations where to file from 7004. Most requests can be filed electronically. Other forms will need to be mailed to the address listed on the instructions. It is so easy to complete form 7004. All corporations have to do is print or write the corporation name, address, and tax ID number. After that, select the appropriate five or six month extension. The instructions list the corporate tax forms so that you know whether to choose the five month or six month extension. For example, tax form 1120 qualifies for a six month extension while form 1065 qualifies for a five month extension. The form asks a few questions about the business such as if it has a foreign address or is the parent group of a corporation. The corporation then has to answer questions on the corporation’s tax year, estimate the tax, and include the tax payment. No signature is required.
Best Way to Write a Jury Duty Excuse Letter	Each state has its own guidelines regarding what is a legitimate excuse for jury duty. Federal courts have different guidelines for exemption than state courts. Given these facts, the best way to be excused from jury duty starts with reading the jury service notice you received. Look for any acceptable exemptions listed on the notice of service. The instructions may be to write a letter to the court explaining how you qualify for one of its exemptions. Some courts may require that their own legal form be completed. Federal court exemptions from jury duty are: 1) Those in active duty in the armed forces 2) People employed as police officers or firefighters 3) Public officials Keep in mind that each state court has its own unique qualifications for exemption from jury duty. These are just some common examples. 1) Breastfeeding mothers 2) People over a certain age such as 70 or 80 3) Medical issues 4) Work-related issues 6) Financial issues 7) Family issues Best Way to Write a Professional Letter to a Judge Remember that a request to be excused from jury duty is up to the courts. Your request may be approved or denied. Each request is considered on a case-by-case basis. The courts will notify you by mail or by telephone regarding its decision. If your request is work-related, explain how jury duty will disrupt the workplace. Perhaps you are employed by a small business or are self-employed. If you are the sole caretaker of a seriously or chronically ill relative and can provide proof from a doctor, your request to be excused from jury duty may be honored. Jury duty often does not pay as much as a person earns at their job. If serving on a jury will put you or your family in financial risk, explain this to the courts in detail. If you have your own medical condition that requires treatment throughout the day using equipment that cannot be taken to court, your request to be excused may be approved. Your doctor will need to provide documentation to support your claim. In summary, the best way to write a jury excuse letter is to detail how you would suffer hardship related to jury duty and to relate the hardship to one of the exemptions.
Best Way to Write a Good Character Witness Statement	Writing a character witness statement for a defendant may help them receive a reduced sentence. Without a statement, all the judge knows about the defendant is the crime committed and how the defendant acts in court. Attorneys or the defendants themselves may ask you to write a witness statement. Since the letter is going to be reviewed by a judge, the format and tone of the statement must be professional. Make sure you have the judge’s name and title correct. Be honest in your statement. Being dishonest damages your reputation and does not help the defendant. Here is the best way to write a good character witness statement. Best Way to Write a Professional Letter to a Judge Introduce yourself by name and profession. Tell the judge who you are writing the letter for. Let the judge know that you are aware of the charges against the defendant. When you know the charges against the defendant it sends the judge a message that you do know what the defendant has done but that you are still willing to write positively about the defendant. Next, discuss how you met the defendant and how long you have known him or her. Doing so establishes your relationship with the defendant. Provide specific examples of good deeds the defendant has done. If the defendant has done volunteer work in the community, provide names of the organizations and the types of activities he or she participated in. If the defendant is a good provider for the family or is devoted to his or her family, bring that up and provide examples. Again, be truthful: Conclude by saying how the defendant’s incarceration will negatively affect their present, their future, their job, and their life. Be specific. Explain how the defendant’s incarceration will affect his or her family and employer. Explain how the defendant has learned from their mistake, what steps they have taken to change, and that you believe they will not make the same mistake again. Include a telephone number in your conclusion so that the judge may reach you with any questions. Doing so shows that you are serious about helping the defendant and that you mean what you say.
Can I Write a Demand Letter Instead of Hiring an Attorney	Yes, you can write a demand letter instead of hiring an attorney. Why not handle it yourself instead of paying a lawyer to collect the money or represent you in court? A demand letter is a written document demanding a specific remedy to a transaction. The most common disputes involve money or services. Demand letters can come from either side of an issue. Someone may owe you rent or money for services you provided. On the other hand, perhaps you paid someone money to provide a service for you and they have not done the work. Perhaps the service you received was not satisfactory. Demand letters are the final step before going to small claims court. Make sure you have records of the transaction such as letters, phone calls, personal conversations, invoices, payment records, quotes, agreements, progress reports, and any other documents. Once it becomes apparent that a problem is developing, it is extremely important that you keep records of the steps you took to resolve the dispute. Begin the letter with a brief summary of the situation. For example, I paid you $2,500 on July 1 for remodeling my kitchen. You agreed to begin work on July 7. It is July 14 and you have not yet started working. Next, mention any attempts you have made to contact the contractor. Now, give the contractor until a specified date to begin work. You must then indicate what steps you will take if the contractor does not begin work by the date you set. Examples include advising that you will put a claim against his contractor?s license with the city or his contractor’s bond through the surety company. Contractors will not want any claims against their license or their bond because they could lose their license to work and therefore their livelihood. If someone owes you money, give them about seven days to pay and then advise them that you will take them to small claims court. Some people will comply to avoid the stress of going to court and the embarrassment of having their name in the paper reporting that they have been sued. If the other party does not comply, take the matter to small claims court. You can handle it yourself by bringing the evidence with you.
Best Way to Fight a Red Light Camera Ticket	The best way to fight a red light camera ticket is to hire a lawyer who specializes in traffic tickets. He or she will be familiar with traffic ticket laws and the best way to fight them. Here are a few strategies to use when challenging your ticket. Blurry Photo If the city or county sends you a photo of you running the red light, examine it to see if the license plate is blurry or clear. Check to see if the photo of you is blurry. If neither you nor your license plate is recognizable, you can fight the ticket. You can say that the person driving your car doesn’t look anything like you or is unrecognizable. If the license plate is blurry, you can argue that they cannot be certain they have the right car. If the photo is not included with your ticket, request the photo. Argue the Reliability of the Camera When in traffic court to fight the ticket, ask whether the camera was indeed working properly at the time it generated your ticket. Cameras are machines and they can malfunction. If the prosecution cannot decidedly prove that the camera was working properly, they do not have a solid case proving that you ran the red light. Also, those reviewing the pictures can make a mistake in deciding on the accuracy of the picture. Question if they are absolutely certain the picture proves that you ran the red light. Witnesses at Trial The red light camera manufacturer is supposed to appear at trials regarding red light traffic tickets. A representative from the camera company is there to testify whether the camera was working properly and when it was last maintained. If no one shows up to represent the camera company, you can argue that no one is there to verify whether the picture is accurate. Hearsay One can try arguing that the photograph is hearsay and is therefore inadmissible under the Sixth Amendment. It is hearsay because you cannot cross examine the photograph or the camera. The Sixth Amendment gives defendants the right to confront their accuser. In summary, it is best to have a traffic attorney represent you. If you are not familiar with traffic law, you will not be able to mount your own defense in court. Without knowing the law or how to prepare a defense, you will likely lose your case.
How to Find a Person in Jail for Free	If you are looking to find someone in jail, you have a few options. If you’re not sure where to start, trying to find an inmate may feel overwhelming. So before you start Google searching every jail in your area, let’s walk through the basics. Do you know the person’s name, address, or date of birth? Maybe you know the county, city, or state where they committed the crime or even when and where their hearing was held. Obtaining as much basic information as possible will simplify the process. We’ll walk through how to find out if someone is currently in jail and explore the best way to find which jail or federal prison they’re in. There are several reasons why you might need to find out if someone is in jail. Oftentimes, people know someone who was arrested and they want to know if they are still incarcerated. Other times, families that move to a new area want to do research on convicted sex offenders. And sometimes, family members are in search of relatives they have not heard from in a while. In any case, finding out if someone is in jail starts with knowing where the crime took place. Even if you do not have the name of the criminal, you can quickly narrow down your search if you know which jurisdiction to focus on. To find someone in jail, you can start with your State Department of Corrections. If you go to the state’s web page, you will be able to find a phone number to contact. You’ll also find resources like Sex Offender Registry, Offender Contact information, and Offender Visitation forms. Many states will also have a search feature. Some state websites will refer to this as an Offender Database Search or an Inmate Search. If you are unsure where to look for this feature, simply Google the state followed by “department of corrections inmate search.” It’ll be in one of the top search results. Some counties do not have an online search feature, so you may have to call. If the jail you call is not where the inmate is located, try contacting nearby jails. If the person you’re looking for was recently arrested, their information may not be in the system yet. You can always check every week or two. But typically it’s harder to find their information because arrestees are held in the county jail until they have a trial and are released or transferred to a more permanent location. However, if the person you are searching for has been in jail longer than a month, you can use a few other resources to find out where they are located. Once you have determined someone is in jail, you can start your search. If you know the jurisdiction where they were arrested, you can call the jail. The Department of Corrections will be able to release public information to you about the person. Like their name, age, birthday, and gender. However, there are other ways to find someone in jail for free if you have limited information about them. The best way to find someone in jail for free is VINE (Victim Information and Notification Everyday). A victim notification network that “provides the most reliable information for custody status changes and criminal case information.” On the site’s homepage, select the state where you want to search. Navigate to the “Find an Offender” button, where you will be prompted to type in the Offender ID number. Or, if you don’t know it, the inmate’s first and last name. You can also select “Advanced Search” to add the inmate’s facility name, date of birth, and age range. When you find who you are looking for, you will see their inmate/offender ID, date of birth, race, gender, custody status, location, and scheduled release date. Anyone interested in the status of an inmate can register to be notified when the inmate is released or transferred. Notification is done by phone or email. Note: VINE does not provide information on federal prisons, only local jails and state prisons. VINE is updated every day. Finding someone in federal prison is a lot like finding someone in jail. The best way to locate information on a federal prisoner for free is to go to the Bureau of Federal Prisons. Then, go to the inmate locator tab. You can search by inmate number or name. A list of results will appear with the inmates’ names, ID number, age, sex, race, and release date, or prison location. If you select the prison’s name, it will take you to that location’s website where you can find additional details. Of course, if you know which jail or prison the inmate is located at, you can pull up its website and do a search. At least then you’ll know if the offender is still in custody. Not all jails or prisons have this information online. In that case, simply call the jail or prison and ask them to provide the inmate’s status. VINE and the BOP website are by far the best resources to find someone in jail for free. Their sites are constantly updated and contain the most information on inmates nationwide. Another great free website is Inmates Plus. Click on the state where you want to search and then two options appear. One option is a search for the state prison. The second option is to search by county jail. Inmates Plus is updated daily. You know of someone who has been in jail or prison, but you’re unsure when they will be released. You can find an inmate’s release date by calling the state’s Department of Corrections, searching their online database, or use a resource like VINELink. Although release dates are subject to change based on the inmate’s behavior. If the inmate is incarcerated in a smaller facility, their release date may not show up on large databases. If the inmate’s case was followed by the public, sometimes their release will be covered on local news stations. To learn more about this process, check out our step-by-step guide on How to Find an Inmate’s Release Date. People might need to look up mug shots for many reasons. Some are looking for information on acquaintances who were arrested. Others are looking for their own mug shot. Still others may be browsing out of curiosity. Whatever their reason, finding local mug shots is easy. Several resources can be consulted, and the information is usually freely available. In some jurisdictions, mug shots are public record. Accordingly, it’s very easy to browse through the pictures. Start with the law enforcement agency’s website. These are easy to find by putting a county name and the words “sheriff’s department” into an online search engine. City police departments and highway patrol agencies may also have accessible websites. If mug shots are available, they should be easy to find by clicking on a link labeled “booking blotter” or something similar. This is probably the easiest search method available, particularly if you know which agency arrested the individual whose mug shot you’re seeking. If you’re not able to locate the particular mug shot you’re seeking, consider calling the law enforcement agency. They may allow you to come down to the station to search through their books of mug shots. Some online companies provide people with an opportunity to search for a mug shot through their website. This is often a fee based service, but it may make sense to try this if you’re not able to locate a mug shot through a law enforcement agency. If the company does not already have the mug shot you’re looking for in their database, they may be able to request it from the proper authorities. This may involve an additional fee. Some jurisdictions do not post mug shots online and instead require people to visit in person. County or city jails may be able to accommodate your request to review mug shots. It’s generally advisable to call first to make certain that coming in person to ask to view mug shots is permissible. Where mug shots are considered public records, it is not unusual for various media outlets to publicize them. Check websites for local networks and newspapers, as they usually post recent mug shots on their page for local news. Like using a law enforcement website, this is an easy method for obtaining mug shots. If someone you care about is in jail or prison and needs legal help, you can get a free case evaluation to help you plan your next steps.
How to Defend Yourself in Traffic Court	If you believe that it is in your best interests to contest your traffic ticket, it is important to be prepared to represent yourself in court. In the traffic court as in any court, it is not your job to prove that you are innocent. However, it is the state’s job to prove that you are guilty of the traffic violation charges. Before you even go to court, it is wise to be prepared for it by getting copies of all police reports. You have the right to: Once you have obtained all necessary documents, check your State Vehicle Code. Compare your own violation with the conduct that is stated in the Code to make sure that you have a valid defense point. It is also important to take pictures of the place where the incident happened to be able to prove that the state is wrong. Moreover, it is recommended to check a car’s odometer to be sure that the odometer is not broken. During your traffic court hearing, it is very important to make a good impression on the judge. Make sure that you are dressed nicely and have a pleasant attitude. It is highly recommended to call the judge “Your Honor” when you speak to him or her. Try your best not to argue with the judge. How To Look Up My Court Date Online Furthermore, make sure to bring any witnesses you have to the court. You might need to subpoena them. The subpoena forms are available in the court. Witnesses often can verify and support your version of the events and help you to dismiss the ticket. If you have any passengers in the car, consider putting them on the witness stand as well. During the hearing ask for the dismissal of your case and present all your gathered pieces of evidence. Moreover, make sure to take advantage of your legal right to cross-examine a police officer who wrote you a ticket. During the cross-examination try to remain calm and treat the police officer with respect. If the police officer tries to ask you questions, object to it and let him know that he is not allowed to practice law. It is highly advisable not to request a jury trial since, often, jurors are not sympathetic to a defendant in traffic violation cases. The best defense in the court is to prove that it is not your vehicle that has been scanned for speeding or it was not you driving it if it is the case. If you did your best defending yourself in the court, but the judge’s decision was not in your favor, calmly accept the decision.
Who Was Myra Bradwell: America’s First Woman Lawyer	Myra Bradwell is not well known to the average person but is a particularly important figure in the history of law and women’s rights. Myra Bradwell was the first American woman who became a lawyer. More importantly, Myra Bradwell opened the doors for all American women who wished to obtain the license to practice law. Myra Bradwell was born February 12, 1831, in Manchester, Vermont. Myra’s family moved to Illinois when she was 12 years old. She had graduated from the Elgin Female Seminary in Illinois before she turned 24 years old. Her love of the law had begun when she married her husband James Bradwell in 1852, who was also a law student. Slowly Myra started to learn the law. In 1868, Myra Bradwell has founded the Chicago Legal News. The Chicago Legal News was the most popular legal newspaper in the United States at that time. Finally, on August 2, 1869, Myra passed the Illinois law exam. Later in September she applied for the submission to the bar. As the addition to regular documents, Myra sent a letter where she addressed the issue of her sex. In this letter, she stated that women had all rights to be able to do things that men did. Unfortunately, the Illinois Supreme Court denied Myra’s submission to the bar, but not because she was a woman. Myra was denied the submission for being a married woman. At that time, married woman’s job was to take care of her husband and children. If Myra would be granted the license to practice law, it would interfere with her family responsibilities. However, Myra Bradwell did not give up her dream and appealed her case in Illinois. Sadly, she was denied the bar admission again. This time she was actually denied for being a woman. The Court provided four reasons for Myra’s denial to practice law. First, the Illinois law was silent about women entering the law profession. Second, the state was concerned with too many women working in the offices if Myra would be granted her license. The third reason was that some of the violent law cases would not be suited for a woman. Finally, the state did not know how women would affect the administration of justice. After this decision, Myra Bradwell decided to take her case to the United States Supreme Court. Myra’s new attorney Senator Matthew H. Carpenter of Wisconsin argued that women had the right to choose the law professions, but did not have the right to vote. This argument was not truly popular among the women, but Carpenter believed that it was the only winning tactic for Myra’s case. However, in 1873 the Supreme Court also denied Bradwell because of her gender. In 1872, the Illinois legislature passed a law that stated that no person could be denied the opportunity to pursue any career path on account of sex. Due to this law Alta M. Hulett was admitted to the Illinois bar in 1873. Bradwell was not admitted to the Illinois bar since she needed to reapply for the bar admission. Myra Bradwell did not feel the need reapply for her law license. She already felt like a winner since she helped American women to have the opportunity to pursue their dreams. Myra Bradwell continued to work on the Chicago Legal News and practice law without a license. In 1890, the Supreme Court of Illinois granted Bradwell the license to practice law. The United States Supreme Court granted her license 2 years later, as well. Both licenses were granted “munc pro tunc”, which meant that official documents were dated 1869. That was the original year Myra applied for her license. Thus, Myra Bradwell was indeed the first woman who could legally practice law in the United States.
Can You Borrow Against a Term Life Insurance Policy?	A term life insurance policy provides the beneficiary with a monetary benefit for a pre-determined number of years in the event of the death of the benefactor. Term life insurance costs less money than other types of life insurance. Term Life insurance is a popular option for younger individuals who are looking to offer extra security for their loved ones. However, term life insurance has the limitations to its coverage. For instance, term life insurance only provides coverage for a specified term. The term can range from one year to 10 years and depends on the policy a person selects. After the term life insurance policy expires an insured person can usually renew it, but his or her premiums might increase. When the benefactor turns a certain age or develop any chronic illness, renewal of the policy can be denied by the insurance company. Finally, term life insurance policies usually do not have any cash value. Thus, it is very unlikely that an insured individual will be able to withdraw money or borrow against them. A term life policy’s purpose is to provide coverage for the limited time and only pays the insurance benefits to beneficiaries in case of the benefactor’s death. Thus, borrowing money against a term life insurance policy is not possible most of the times, it is still recommended discussing it with the insurance company. During the discussion, first, a policy holder needs to ask his or her agent if borrowing is even a possibility. If the insurance company confirms that it is possible to borrow against a term life policy, the next step is to ask the agent what interest rate will apply when the policy holder starts the re-payment process. Moreover, it is recommended to ask the agent about the possibility of any undisclosed fees involved. When all questions are answered, the insured person needs to decide if borrowing money against his or her policy is a wise step to take. If a person wants to have a more secured life insurance policy that lasts the lifetime if all premiums are paid on time, whole life insurance is the perfect option. Whole life insurance is not a short term life insurance and cannot be terminated based on an insured person age or health issues. On the other hand, whole life insurance policy costs more that term life insurance due to the higher risks for the insurance company. Moreover, a whole life policy has one significant difference from a term life insurance. A whole life insurance, unlike a term life insurance starts building cash value immediately when the policy starts. It accumulates cash value due to a higher premium on a whole life policy than needed to be, so the excess can accumulate value. Usually, after an insured person had the policy for a few years, he or she will accumulate a cash value higher than the death benefit. Thus, anyone can always borrow money against his or her whole life policy as long as the person has some accumulated cash on it. Borrowed money can be spent on anything, including bills, home repairs, car purchases and etc. Finally, even though a policy holder has essentially just borrowed his or her own money, the loan taken against a whole life policy is required to be repaid with an interest. If the borrowed amount is not paid back before an insured person passed away, the money he or she borrowed will be deducted from the amount that his/her family receives in the event of the benefactor’s death. Therefore, before borrowing against your whole life insurance or in some cases your term life insurance, consider other loan options that will not affect the policy benefits your family will receive.
What Is Attorney Client Privilege?	The attorney client privilege secures the client from the potential sensitive information being disclosed to other people. The law requires that an attorney does not reveal any communications or letters between him/her and his/her client to any third party, which includes business associates, competitors, government agencies and even criminal justice authorities. This requirement helps the client to speak with his/her attorney honestly and without a fear that his/her sensitive information will be disclosed. The attorney client privilege has existed for a long time and has been practiced way back in the Roman Empire. In order for the communication to qualify for the attorney client privilege, it needs to be done in confidence and between the privileged persons (an attorney and his/her client) with the desire of receiving or providing legal assistance. Many clients assume that the attorney/client relationship exists, when it actually was not established. If a person just consulted with an attorney on the phone and shared some sensitive information without retaining the attorney to represent her or him, it is probable that the attorney client privilege is nonexistent here. The attorney often acknowledges the representation of a person if he or she sends the person a letter agreeing to represent him or her, by orally agreeing to the representation or, finally, by sending the contract fees to the future client. It is important to know that not every communication between the attorney and the client protected by the attorney client privilege. For instance, if a shared information can be obtained from a non-privileged source, it is not protected by the attorney client privilege. Since it is the client who holds the attorney client privilege, the client is also the one who can assert or waive it at any moment. Furthermore, the law established the certain exceptions to the attorney client privilege. The most common exceptions to the privilege are the death of the client, fiduciary duty, crime or fraud exception and common interest exception. Fiduciary duty exception means that a corporation does not always has the right to assert the attorney client privilege. For instance, if corporation shareholders wish to pierce the corporation’s attorney privilege, the corporation cannot just assert its attorney client privilege. Crime or fraud exception to the privilege applies if a client seeks advice from an attorney to assist with committing a crime of fraud. However, if the client has completed a crime and seeks the legal help, such communication is under the attorney client privilege unless the client is seeking advice on covering up his or her crime. Common interest exception to the privilege applies if two clients are represented by the same attorney. In this case, neither client may assert the attorney client privilege against the other party in the litigation process.
Is Flag Burning Illegal?	Currently, flag burning is not illegal in the United States. The Supreme Court of the United States in its decision from 1969 has ruled that the burning of the flag is protected by the First Amendment. However, the person who burnt the flag can be found guilty of a misdemeanor for starting a fire without a permit. Interesting that the burning of the flag has been against the law until 1969. The first U.S. Supreme Court ruling on flag desecration was passed in 1907 in the Halter vs. Nebraska case. Most early flag desecration statutes prohibited: Later, in 1968, Congress responded to the burning of the American flag in Central Park as a protest against the Vietnam War bypassing the Federal Flag Desecration Law. This law prohibited any display of “contempt” directed against the flag. Thus, the burning of the American flag had been illegal until 1969 when the Supreme Court ruled the decision to award the First Amendment protection to the burning of the flag. First Amendment Furthermore, in a few court cases, it has been declared that it is only illegal to burn the US flag if the flag would be stolen. In fact, burning the flag is one of the approved ways to destroy a too worn or torn flag. For the past 20 years, Congress has made seven attempts to overrule the Supreme Court decision regarding the burning of the American flag by passing a constitutional amendment that had an exception to the First Amendment and allowed the government to ban flag desecration. The Amendment was first proposed in 1990 but failed to receive the required two-thirds majority votes of the House. After 1994, when the Republicans took over the Congress, the Amendment has consistently passed in the House but failed in the Senate.
What Is a Negligence Lawsuit?	A negligence lawsuit is a civil lawsuit that filed against a person or a legal party that failed to use reasonable caution and caused damage to a victim while providing care or services. Negligence cases are usually brought against certain category of professionals, such as medical professional, therapists and attorneys, but can be brought against any person if his/her actions has been proven to be a negligence. It is essential to the outcome of a negligence lawsuit for the victim to prove that harm was caused by the standard of service she or he received. Each negligence case has 4 main elements such as duty, breach of duty, causation and damages that are required to be proved in order to file a negligence lawsuit. The duty element is required for a negligence lawsuit. The duty element means that the person who caused negligence must have a legal obligation to protect others from unreasonable risk of harm. Each person has different duties. For instance, a doctor is required to provide a treatment to his patients. Thus, the second element to a negligence lawsuit is breaching the duty. To meet this element, it is required to determine if a reasonable person would have done the same thing in a similar situation as the person being sued. To determine, if the breaching of duty has taken place objective and subjective standards are taken into consideration. The objective standard of breach of duty only takes into account a hypothetical person and what he or she would have done in a similar situation. On the other hand, the subjective standard considers the actual person that being sued and if this person thinks that he or she acted reasonably in the situation that caused damages to a victim. It is of note that professionals such as doctors are expected to perform a higher standard of care than just the average person. The third important element of each negligence lawsuit is the causation of negligence. Both actual cause and proximate cause are essential in determining the cause of negligence. The actual cause of negligence means that the defendant was the actual cause of injuries sustained by the plaintiff, the person who filed the lawsuit. However, proximate cause of negligence considers the event that has happened and if the injuries sustained were foreseeable or remotely connected to the incident to consider negligence. The damage element is the final element of a negligence lawsuit. The plaintiff needs to prove that it has been actual damages resulted from the defendant’s negligence. Damages can be compensatory, punitive and nominal. Compensatory damages are meant to compensate the plaintiff for actual costs incurred as the result of negligence. Compensatory damages can be general and special. General damages usually contain the monetary compensation for injuries. Special damages might consist compensations to replace material possessions lost as the result of the negligent act. Nominal damages are awarded when the negligence has been proven, but the actual loss as a result of it has not occurred. Lastly, punitive damages intent to punish the defendant for his or her negligence act. In some cases, it is possible for a third party to start a negligence lawsuit on behalf of the victim, for instance, in negligence cases that involve elderly people. Sometimes, it is also possible to file a lawsuit even after the victim’s death. During the negligence trial, the judge will need to determine what the defendant’s duty was to the plaintiff.
How to Legally Declare Someone as Mentally Incompetent?	In the United States, competency involves the mental capacity of an individual in order to participate in a legal proceeding or his ability to exercise his liberty and pursue his interest. Competence also pertains to the capability of an individual’s state of mind to make decisions that involve his interests. Competency is presumed unless there exists a reason to declare a person as mentally incompetent. There are several factors that would affect an individual’s competency to make a particular decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a Will. What’s the difference between the insanity plea and incompetency? 1. File a form to declare a person as incompetent before the Probate Court having jurisdiction over the area where the subject of the petition resides. This form shall include an application to be declared as a court-appointed guardian. 2. In filing the petition, the aid of a mental health or guardianship lawyer is beneficial to the petitioner. The retained counsel shall assist the petitioner in the gathering of supporting documents or evidence to strengthen your petition. 3. There must be a psychological evaluation of the person subject of the petition to be conducted by a medical practitioner. If the person sought to be declared as incompetent does not comply with a voluntary evaluation, a court order must be requested, by way of filing the proper motion, before the probate court. 4. The result of the psychological evaluation must be submitted with the application form to the Probate Court which shall proceed to determine whether or not there is sufficient ground to declare the subject as incompetent. The Probate Court shall also determine whether or not the person seeking to be appointed as guardian is suitable. The petitioner may be required by the court to post a bond with the help of financial insurance companies. The posting of the bond is required for the purpose of protecting the property and other interests of the individual sought to be proclaimed as incompetent. 5. Petitioners may have some difficulty in looking for bonding companies or insurance companies that may post bond for him. This may be due to poor credit history or criminal history. Here, your guardianship lawyer may be of help. 6. If the subject of the petition is an adult, the petitioner must contact the adult protective services which shall conduct an investigation. This is mandatory even if the petitioner does not seek to be appointed as a guardian.
Domestic Violence Laws	It is becoming increasingly accepted that violence within the family is no longer a purely ‘domestic’ issue. It is a problem which belongs to society as a whole, and which should properly be the subject of debate and co-operation between health, policy and legal professionals. It is unacceptable that children and families in Australia continue to experience domestic violence at disturbingly high levels. Along with the criminal justice system, the family law system has a vital role to play in protecting families and children from harm. The current law applying to Domestic Violence is The Domestic and Family Violence Act 1989. It is aimed at preventing violence and abusive behaviour between married partners, defacto relationships and families involving children. However, this Act is only effective to a certain extent. Domestic violence is often a hidden matter that should not be hidden, not least because it affects many people but also because it is the hidden underbelly of many societies. The Queensland Parliament has a very important job in trying to redress domestic and family violence to protect victims and survivors. The State Government must prioritise the issue of dealing with relationship disputes by helping individuals resolve the issue. They must do this not only in the strict legal sense but also as a community, so that they do not create enormous distress to victims and cost to the community. Legislation is part of that, but other matters need to be challenged, such as society’s attitudes and traditions to the overall impact and adverse effects of Domestic Violence. Domestic Violence occurs when a family member uses violent and abusive behaviour to control another family member or members. It can include physical, verbal, emotional or sexual abuse. Women and children are the majority of those who are subjected to abusive and violent behaviour in the home with 1 in 5 women around Australia falling victim to domestic violence. Men too are victims of violence but the violence their experience is much more likely to be at the hands of a male stranger, with only 4% of the male population having been attacked by a current or formal female partner. A national survey was conducted in 2009 to determine Australians attitudes towards Violence against Women with 10,000 Australians being surveyed from equal gender. 98% of respondents to this survey acknowledged that domestic violence is a crime, an increase from 93% in 1995. However, disappointingly the survey highlights that some Australians still hold attitudes which excuse or trivialise violence against women, with one in five thinking that domestic violence can be excused if the violent person later regrets what they have done. The United Nations State of World Population Report 2005 revealed that gender based domestic violence globally is the most tolerated of human rights violations with one in three women internationally having been beaten, coerced into sex or otherwise abused by a family member. There have been some attempts to assess the economic impact of family and domestic violence. In 2004, it was estimated that domestic violence cost the Australian economy $8.1 billion in 2003-2004. The estimated annual cost of the Queensland’s legal systems response to domestic violence was $298 million and the total ‘second generational’ cost of domestic violence was estimated to be $220.3 million. That includes services provided to families that are affected by violence in their homes. The Family Violence within the family may have varying consequences. It does not always prompt a breakdown of the family. Whilst the Family Court sees only those families who have separated, it would be wrong to ignore the fact that many victims and their children may continue to live with violent partners for a significant period of time, sometimes with tragic consequences. They may do so for any number of very complex reasons, including lack of economic freedom or fear of physical retribution. Sadly, the worst violence often occurs when victims, usually women, attempt finally to leave the relationship. The Victim The devastating effects of family violence on adult victims are well recognised. Those effects include physical damage, psychological damage, an impaired ability to function normally (which can include an inability to work), and damage to parenting abilities. These adverse effects can in some cases be short-lived; in many other cases they cause long-term serious harm to a person’s ability to function; and in the most serious of cases, they can be life threatening. The Children The effect of family violence on children has traditionally not been as widely recognised. In extreme cases, such as the murder of the mother by the father, the effect upon the children is obvious. Yet until comparatively recently it was widely assumed that unless directly involved in it (for instance, by being injured), children were not seriously affected by violence, or threats of violence, between parents. However, in numerous papers in the last few years, child psychiatrists have recorded the adverse effects upon the children of witnessing assaults and threats. Even where it occurs in non-violent circumstances, the breakdown of the relationship between parents and the resultant tension within the family is well known to affect children adversely. To witness or to be aware of abuse, threats and actual violence toward the other parent is obviously highly detrimental to children of any age, including the very young. The Court of Appeal looked at this issue in early 2000, in a case called Re L, which related to the issue of contact and domestic violence. That case came shortly after the Children Act Sub-Committee of the Advisory Board on Family Law sent its final Report on the effect of domestic violence on applications for contact by the non-resident parent. In hearing the appeal in Re L, it looked at a joint report from two distinguished child psychiatrists, Dr Sturge and Dr Glaser, later published in Family Law. Doctors Sturge and Glaser’s report emphasised that whether as witnesses or as victims, children are affected as much by exposure to violence as by being involved in it. Indeed, there are research findings showing that in very young children, threats to the carer on whom the child is dependent have more serious psychological consequences for the child than attacks on the child themselves. This particular case shows that their still are significant inadequacies in the justice system’s response to family and domestic violence. There remain questions about the ability of the justice system to adequately deal with the variety of issues that family and domestic violence presents. Several newspaper articles from late 2009, all prove that there is a problem with the current Family and Domestic violence legislation due to increasing incidents of domestic violence in Queensland. One article “Bligh Labor all talk and no action on Domestic Violence” states that during 2007-2009, there were more then 44,000 domestic violence applications made across Queensland Courts. The same article also states that in the same period, Queensland Police reported more then 16, 700 breaches of domestic violence orders, indicating that the orders are not worth the paper they are written on when it comes to actually offering victims protection. Many of these articles state that the State Government has failed to look into thousands of cases of suspected domestic violence because of spiralling demands and a shortage of resources and funding. This is a controversial problem that is in need of immediate reform. Community organisations are at the forefront of helping victims of domestic violence, providing emergency help and support, yet many of these organisations are struggling for resources and funds themselves. Victims of domestic violence need to have confidence in the laws and their enforcements as well as emotional support before they are going to speak out. When children are involved, the implications are greater and the reassurances need to be much stronger. These issues should be the focus of the Government – improving the access of all victims of domestic violence to community services, strengthening the legal response to offences, and helping regional areas that demonstrate particular need. The inadequacies of the present system are demonstrated by the fact that many victims of domestic violence simply do not use the justice system, and those that do use it often withdraw from it. Reasons for this include fear of retribution from the perpetrator, shame and embarrassment, a lack of awareness of available services and the difficulty of making contact with service agencies if the victim is under constant surveillance by the perpetrator. It has also been noted that victims can lose faith in the justice system if they do not receive the desired outcome or if they are faced by a lack of understanding by personnel within that system. Despite the fact that family and domestic violence is now treated as crime, it has been observed that the traditional criminal justice approach does little to discourage domestic violence in the home. This is evidenced by the continuous prevalence of domestic violence and the frequency in which perpetrators of that violence breach bail conditions, violence restraining orders, community-based orders suspended sentences and parole orders. Despite laws criminalising domestic assault and breaches of protection orders, low charge and conviction rates for these crimes have been common around Queensland, suggesting that criminal justice institutions do not consider them serious enough to warrant the full force of the law. As arrest and prosecution are significant social means of insisting on perpetrator accountability and may provide a level of protection to victims, proactive policing policies have been seen as important components of an improved Government and community response. A strong criminal response is also an important means for changing social norms about violence. The delays in the present system are also a problem with delays causing further tension in families, increasing the trauma of the experience, and may also cause victims to withdraw their testimony out of fear of increased violence while waiting for trials to be heard. The process can be slow, intimidating, humiliating, confusing, frustrating and often fails to provide victims with the best outcomes. In spite of the Domestic and Family Violence Act 1989 aiming to protect victims of domestic violence and holding perpetrators accountable, victims till have considerable difficulties accessing legal remedies. Currently the victim must negotiate different locations, may or may not qualify for legal aid, may have to employ different advocates, and will appear before different judges, each of whom may only have a partial awareness of the relates matters due to the way information is compartmentalised. In addition, the justice system operates largely in isolation from the broader social service system, meaning that victims who approach the legal system for assistance directly – that is, not via a domestic violence service – often have unmet support needs. Victims of domestic violence are likely to need a wide range of services including health, housing, financial, cultural, educational, legal and child-specific services. No single agency is able to provide all these services. Communication between relevant agencies within this broader service system is often too limited to ensure that victims can use the services they need in order to be safe or to recover satisfactorily from the effects of violence. In Queensland, the regional Domestic Violence Networkers work towards improving communication between agencies through the establishment of local area Domestic Violence networks. In some regions they have developed strategic plans to strengthen service capacity. As the justice system integrate their responses, other parts of the service system such as health and education will be encouraged and supported to co-ordinate their responses. Despite the Queensland Government’s commitment to consult widely, there are still inconsistencies in the degree to which different departments consult and some examples of policies that undermine efforts to improve the victim’s safety, for example, the introduction of home detention. The participation of domestic violence service providers and their service users at all levels of the reform process is an issue that cannot be taken for granted in Queensland. A coordinated Queensland-wide approach must be adopted if we are to reduce and prevent domestic violence, identify trends and patterns, improve community interventions and facilitate systemic change. This motion calls on the government to support a state-wide approach. The establishment of a committee on tackling domestic violence would see a coordinated approach where all stakeholders could actively work towards ending violence against women and their children in this country. Over the years there have been a number of programs and strategies aimed at tackling domestic violence, but it is only in recent times that serious consideration has been given to the perpetrator of the violence. There is a need to increase efforts in the area of primary prevention as it is essential to tackle the causes of domestic and family violence rather than simply to deal with the outcomes. The Sate-wide approach needs to foster discussions and awareness of domestic violence in mainstream community settings such as schools, churches and social service agencies. The work of Family Violence Prevention Networkers in important in this respect. The process of change is as important as the actual changes made. The community’s most marginalised victims of domestic violence need to be empowered to be part of the process if and improved response is to be made. By implementing certain strategies such as expanding primary prevention and early prevention strategies, improving funding of support services, improving accommodation options for victims of violence, increasing perpetrator programs, strengthening responses from the justice system and continued attention and collaboration on this issue, it can be assured that families, especially children, are protected from harm.
Can people go to jail for not paying their credit card payments?	Failure to pay credit card debt is not a crime in the United States. The US have debunked debt imprisonment in the 1950’s which decriminalized the act. The purpose of the government is to encourage people to establish good credits with the country’s financing business entities. The effect would be an increase in financing investments. Imprisonment is a penalty imposed by law against a person who was proven, with proof beyond reasonable doubt, to be guilty of committing a crime. A crime is defined as an act or omission in violation of a law forbidding or commanding it and for which penalties are imposed by the state. One of said penalties include imprisonment.Therefore, in order for a person to go to prison, he must first be convicted of a crime. Even though failure to pay your credit card debt is not a crime in the U.S. there are still serious consequences of the omission. Once there is a default in the payment of credit card bills, the account of the holder will be forwarded to the collection department. The department shall then issue demand letters against the defaulting debtor which may include warnings against the stringent steps that the credit card company may enforce against him. Once the account has been sent to the collection department and once the demand for payment fails, the credit card company will commence the collection proceedings. Once judgment is obtained against the debtor, his properties may be levied, his wages may be garnished or liens may be imposed on his estate. Once these are done, the debtor will have great difficulty in obtaining a loan, applying for a new credit card or employment. The effect of neglecting to pay one’s credit card has serious implications on the holder’s credit score. A credit score is a 3 digit number which is used by the banks to classify loan applicants to determine if they have the capacity to pay the loan or if they do not have the practice of omitting payment. If the applicant’s score fell on the bad range or below 620, his loan will immediately be disapproved. The only time that a debtor may be imprisoned is when he failed to comply with court summons in the collection case. It must be noted that once the debtor absents himself from court hearings, the court may issue an arrest warrant against him. But this is merely ancillary to the issue of non-payment of credit card debts.
Is a DUI/DWI Charge a Criminal Offense or a Traffic Offense?	Driving under the influence or DUI is a criminal offense of driving a motor vehicle with an alcohol level that exceeds the legal limit. This offense is also applicable when the offender operates a machine while intoxicated. In some jurisdictions, a more rigid version of DUI is being implemented. In California, there are certain restrictions or prohibitions involving DUI. Minors, for example, cannot consume any alcohol, intoxicating substances, and prescriptions when driving. In some states, the alcohol level allowed by law is 0.05% to 0.08%. Each offender is subjected to a breath test wherein the blood alcohol level is measured by an instrument. If the offender is found to have a blood-alcohol level which is in excess of that which is allowed by law, he shall then be charged with: However, not all jurisdictions consider DUI or DWI as a criminal offense such as in Wisconsin and New Jersey. In said states, DUI or DWI is considered only a traffic violation. This entails that the penalty imposable by law does not include imprisonment. But, in most jurisdictions, DUI or DWI was already criminalized or treated as a criminal offense. This means that the penalty shall not only include fines, suspension of license, and community service but also imprisonment. In California, the penalties differ based on the number of DUI offenses incurred by the respondent. If the respondent was arrested for his first offense, he shall be penalized with 4 days to 6 months imprisonment, $1400 to $2600 fine, 30 days to 10 months license suspension, and installation of Ignition Interlock Device (IID) in all vehicles owned or driven by him. If the offender was caught for his 2nd DUI violation, he will be merited with 10 days to 1-year imprisonment, fine of $1800 to $2800, two years license suspension, and mandatory installation of Ignition Interlock Device. If the offender was caught for the third time, he will serve jail time for 120 days to 1 year, a fine of $1800, license suspension for 3 years, and installation of Ignition Interlock Device in all his vehicles. The sentence imposed under the law, especially the prison term, is affected by several factors. One of which is the “lookback period” of 10 years wherein the record of offenses committed by the offender shall be examined by the authorities. If the offender was caught for a second DUI violation within a period of ten years from the first DUI conviction, the court may impose the maximum sentence against him.
How long do I have to live in my house after filing bankruptcy?	Under the law, there are two kinds of bankruptcy, one filed under Chapter 7 and the other under Chapter 13. In Chapter 7, the debtor is allowed by law to liquidate all his assets and deliver the proceeds thereof to his creditors. Under Chapter 13, on the other hand, the debtor shall have the right to retain some of his assets and set up a payment scheme to pay off his debts. The bankruptcy shall be terminated only when all of the debts are paid by the debtor. Bankruptcy filed under Chapter 13 ensures the issuance of a stay order which shall have the effect of immediately stopping all collection activities against the debtor while payment arrangements are being developed. The debtor has the option of retaining some of his assets such as his home while the bankruptcy proceeding is on going. The debtor may also choose to surrender his home to the mortgage company which must apply for the deferment of the stay order so that the latter may commence the foreclosure proceedings for the purpose of taking possession of the property. If the stay order is not lifted, the mortgage company cannot immediately take possession and control of the property and has to wait until the termination of the bankruptcy.The application for the lifting of the stay order may be commenced by the mortgage company or lender within 60 days from the day it was notified of the filing of the bankruptcy. Upon the filing of the bankruptcy proceedings and the issuance of the stay order, the court will notify all creditors within 30 days from the date of filing. If the stay order is lifted, there is no guarantee that the debtor can remain in possession of the property. The time that he could retain possession over the property is limited to the duration of the foreclosure proceedings. Usually, a foreclosure proceeding takes 12 months within which period the debtor must surrender the property to the mortgage company. The debtor will not be given any notice during the entire duration of the foreclosure proceeding. The most that he will be given is a notice to vacate the property after the termination of the foreclosure. In order to protect himself, the debtor must be prepared to surrender the property to the mortgage company and to set up an evacuation plan if in case a notice to vacate is served upon him. The debtor must know that upon the commencement of the foreclosure proceeding, there is a great possibility that he will be evicted from his home.
Can you still use a VA mortgage loan if you have filed a bankruptcy and foreclosed one in the past?	VA mortgage loans are technically not loans but are merely guarantees on a loan agreement. It is the US Department on Veteran Affairs who approves the application for the guarantee of people who served the country by way of military service. If the applicant qualifies, the VA then provides a guarantee to the lender on behalf of the borrower. This guarantee is very helpful to the applicants since the lender will be entering into a contract of mortgage or loan with security ensuring the return of his capital. VA mortgage loans are also helpful to applicants with bad debts because it is the government itself that guarantees the payment of the loan. This leads to efficient and easy approval of their loan applications. People who filed bankruptcy can still avail of VA loans depending on the kind of bankruptcy filed. If the bankruptcy was filed under Chapter 7, the applicant shall have to wait for at least 2 years before he can apply for a VA mortgage loan. Bankruptcy under Chapter 7 allows the defendant to liquidate his assets and discharge his debts. The two year period herein stated shall commence after the termination of the bankruptcy and not on the date of filing. The applicant shall also be required to explain the reason for filing a bankruptcy case. On the other hand, if the bankruptcy was filed under Chapter 13, the applicant will have to wait for at least one year before he can qualify to apply for a VA mortgage loan. Under the provisions on Chapter 13, the defendant therein shall be allowed to set up a repayment plan with his creditors and will eventually lead to a discharge of his debts after the termination of the repayment schedule. In order for the applicant to validly set up a VA mortgage loan, he must first seek permission from the bankruptcy trustee in his case. The possibility of setting up another VA mortgage loan after the filing of a bankruptcy case is not that easy. There are other conditions imposed by law for applicants to qualify for the loan. This includes the guarantee that there would be no late payment of the loan. To determine this, the payment history of the applicant will be scrutinized. If there are late payments on the record, the applicant will have to religiously comply with his payment schedule. By doing this, it will be shown that the applicant is interested in rebuilding his credit after the termination of his bankruptcy case.
How To Request Voluntary Deportation	Deportation or exclusion proceedings have the purpose of allowing an illegal immigrant to be reinstated to his country of origin by way of a judicial process. This process also affords the illegal immigrant the option to choose voluntary deportation process. The option may be exercised after the termination of the deportation proceedings. Under the law, an immigration judge may grant the defendant 60 days to 6 months of time to avail of voluntary deportation. This is usually granted after the termination of the deportation proceeding. The long period allowed by law for voluntary deportation was intended to convince the defendant, who has a weak case for asylum or was given an order of suspension, for them to withdraw their applications and voluntarily return to their country of origin. In order to be granted with said period, the defendant must first waive his right to appeal. After the grant of the 6 months period and if the defendant opted to voluntarily remove himself from the country, the latter will then be granted with a 119 day period wherein he must leave the country voluntarily. Reliefs can also be afforded to the defendant such as adjustment of status, cancellation of removal, asylum, waivers from removal or other various combinations of the aforementioned reliefs. There are cases wherein the defendant is not allowed by law to avail of said reliefs or although he may be eligible to avail of the same, the circumstances of the case prevents him from doing so. After the proceedings, the immigration judge will then issue a removal order. The period of 6 months for the removal will then accrue. If the defendant failed to depart from the country within such period, the order of removal shall stand. The effect of failure to abide to the order shall make the defendant ineligible to avail of adjustment remedies as may be provided by law. In addition, the defendant will be prevented from returning to the country within a ten year period. If the defendant complied with the order of removal, he will still suffer the consequence of the bar to return to the country within a ten year period. This is because, the latter is an accessory penalty which attaches to the order of removal. This will apply even if the defendant opted to voluntarily remove himself from the country. The ten year period may be lifted by way of proving to the immigration court that the defendant has complied with certain conditions as may be prescribed by law.
What Are Truck Air Horn Laws?	Noise Pollution has been a general problem of society. From the irritable noise of the raging traffic to that caused by industrial facilities. Thus, laws were passed in order to minimize or regulate noise pollution. An example of this is the Truck Air Horn Law. A truck air horn is usually installed on a variety of vehicles which include semi-trailer trucks, trains, and fire trucks. A truck air horn is an instrument used in order to forewarn other vehicles and people on the road that a truck is approaching. A truck air horn is likewise used in order to shoo wildlife from the highway. The sound that these devices produce is very loud that it can be used to give warnings even from afar. The sound that these truck air horns produce reaches about 80 to 90 decibels. In some research, it was proven that a 90 decibel sound can cause deafness. However, it was also proven that a 90-decibel noise can only cause said injury if the person is constantly exposed to the sound. Thus, laws were enacted to abate this noise in order to avoid causing injuries to the public. Truck Air Horn Laws are not only applicable to truck air horns. The law equally applies to sirens installed in vehicles. Truck Air Horn Laws have been implemented in most states in the country. Most of these statutes were passed in the ’50s until the late ’70s. The main purpose of the law is to ensure that truck air horns are not used for any other purpose except to give a warning. Most of the Truck Air Horn Laws contain the same wordings since they have only been adopted by each state and incorporated as state law. Particularly, these laws: Prohibit the use of truck air horns on the highway The act of blowing a car horn excessively or for purposes other than to give a warning is considered as an act of “honking”. “Honking” is penalized by way of the issuance of a ticket and the imposition of a fine. In several states, the fine imposed by state laws ranges from $75 to $1000. In some states, “honking” somebody else’s truck air horn is punishable. What is MOTOR TRUCK CARGO POLICY-OWNERS FORM? Truck air horn manufacturers and distributors were made aware of these laws. Thus, they give ample warning to purchasers of the product. These warnings include the penalties prescribed by law if truck air horns are used recklessly on the highway.
1099-A or 1099-C for Mortgage Debt Discharged in Chapter 7 Bankruptcy?	If you have to surrender your home in a Chapter 7 Bankruptcy, the mortgage lender will provide you with a 1099-C. When you file a Chapter 7, the tradeoff is that the mortgage debt is completely dischargeable but you cannot keep your home. Another tradeoff is that when the mortgage debt is forgiven, the IRS views the forgiven amount as income. So, homeowners do not have to pay the remainder of the mortgage but the amount forgiven is taxable income. When a debt is forgiven, the IRS requires that the lender provide the borrower with a 1099-C form. The borrower is then required to file the 1099-C with the IRS. The 1099-C represents income from the cancellation of a debt. One way to explain the form is that a 1099 is used to report income earned from a job. Form 1099-C reports income made from the cancellation of a debt. When the loan is made, the borrower makes a promise to pay and the lender receives a secured interest in the property. At the time the loan is made, the money is not considered income because the borrower promises to pay the money back to the lender. When that promise to pay is discharged, the IRS views the forgiven amount as taxable income. You may be wondering how you will pay the taxes on this income if you have filed bankruptcy. You filed because you do not have enough money to pay your bills. Where are you supposed to get the money to pay the taxes on this income? The good news is that in 2007, The Mortgage Debt Relief Act of 2007 was passed. As a result of this Act, taxpayers can have up to $2 million of mortgage loans forgiven before being taxed. According to the IRS website, this Act will be in place through the end of 2013. It is important to realize that this Act only covers debt forgiven for a mortgage. If you have debt forgiven from another type of loan, you will receive a 1099-C for that loan and you will be responsible to pay the applicable taxes. If you do not understand your 1099-C or believe there is an error, start with contacting the lender. Other options are to contact the IRS or speak with your bankruptcy attorney. Every expert says the same thing. A “charge off” is the same as a “write off” and is merely an accounting term used in financial processes. The term is used when a financial institution takes an account from a ledger and posts it to that financial company’s “unable to collect” ledger. The lien from the mortgage still exists on the property owner / debtor’s credit report. The monies owed at the time of the “charge off” are still owed. The financial company is simply waiting to decide its next move. It is simply not going to continue trying to collect on a loan that the debtor is unwilling or unable to pay. The fallacy believed by too many debtors is that they no longer owe anything on this “charged off” mortgage. On the contrary, that mortgage company is just standing still, waiting low. The company knows the financial conditions of the debtor and the primary mortgage. The company does not want to foreclose because, as is likely, the primary will get all of the monies from the sale, leaving nothing for this company. So, again, they do not want to force foreclosure. If they get tired of holding this uncollectable debt, they may sell it off to a collection agency. At that point, this original financial institution no longer cares. By law, they have to remove their lien within sixty days or face being sued by the debtor. If in ignorance and mistaken belief the debtor files for bankruptcy, Chapter 7 will exempt secured loans, which is what mortgages are, from discharge. That means that the debtor will still owe the mortgaged amounts, no relief, unless the debtor abandons the property. State laws can add to Federal bankruptcy law, but cannot supersede it, and, as we all know, state laws differ from state to state. So, a good, knowledgeable lawyer is essential. Some people “reaffirm” a mortgage loan in Chapter 7. Usually, this has no bearing. Secured loans are exempt from discharge, as stated above. Experts and lawyers direct debtors in this situation into Chapter 13, where the court assigned trustee can negotiate and restructure the debt into something that is likely grudgingly acceptable by debtor and creditors alike. In Chapter 13, secured debt such as mortgage loans are subject to the negotiations to restructure the debt. Such negotiations will likely get the second mortgage lending company something more than what they would have gotten at a foreclosure, but maybe not as much as selling it to a collection agency. It does not matter to the debtor who is trusting to get a result that relieves the burden into something manageable. One activity that debtors seem to not try is to personally try to reach an agreeable settlement with this second mortgage company. Nothing ventured is nothing gained, as the saying goes. Experts agree to start somewhat low, say at 10 percent of what is owed. If, and when, an agreement is reached, get it in writing. You may want to have a lawyer review the agreement before you sign. Reaching an agreement leaves all bridges intact, in the (unlikely) event that you engage this same company later on.
What Happens If You Get a DUI While Driving a Company Vehicle?	Getting a DUI is stressful no matter the situation. Stress is compounded if the DUI is issued when driving a company car. Consequences of a conviction for DUI while driving a company vehicle vary by employer policy. Legally, consequences are different depending on if you have a CDL license or a personal driver's license. Another variable is the applicable state law. Legal DUI Penalties Regardless of what vehicle you are driving, you will suffer the penalties according to city or state law. You may lose your license for thirty days on a first conviction. Depending on your number of convictions, you may lose your license for six months, a year or forever. Jail sentences also increase with the number of convictions. Employer DUI Guidelines Regarding Personal Driver's License Employers have the right to determine the consequences for getting a DUI while driving one of their vehicles. Usually company policy regarding a DUI conviction is part of the employment agreement or employee handbook. Most employees must sign an acknowledgement stating they have received, read and agreed to abide by company guidelines. An example of one employer's DUI standards suspends an employee's right to drive a company vehicle for ninety days on a first conviction. After a second DUI conviction the employee's right to drive a company vehicle is permanently suspended. If driving is a major portion of the employee's responsibilities, the employer can find an alternative position or terminate the employee. If no position is available that does not require driving a company car, the employee will likely be terminated. DUI and CDL License A CDL is a commercial driver's license regulated by the U.S. Department of Transportation. Earning a CDL license requires completing an approved training program and passing a skills and knowledge test. A CDL license typically applies to drivers of commercial vehicles such as semis, tow trucks or buses. If someone is convicted of a DUI with a CDL license, federal guidelines state the driver will lose his or her CDL license for a minimum of one year. A second conviction causes the driver to lose their CDL for the rest of their life. Clearly, losing a CDL license impacts how a driver will earn a living for the rest of their lives. If they do not have a CDL license, legally, they cannot drive a commercial vehicle.
How Does a Person Declare Bankruptcy Overseas?	People that live and work overseas but still owe money in the U.S. can file for bankruptcy. How to File Bankruptcy From Overseas Bankruptcy can be filed in the U.S. Bankruptcy District where you lived for most of the last 180 days. Clearly this is impossible if you have been living overseas. If you have a home, business, car, or bank account in the United States, this may be sufficient to file bankruptcy in the district where the assets are located. Once the location of where to file bankruptcy has been settled, the bankruptcy procedure is the same as it is for U.S. Residents. Even this can be problematic for those living overseas because debtors are legally required to personally attend the bankruptcy hearing. Debtors must be present to answer any questions the creditors or bankruptcy trustee may have. Coming back to the U.S. will be expensive. Consider transportation costs from abroad to the United States. Will you have to pay for lodging while in the United States? Filing bankruptcy can cost up to $2,000. You have to pay attorney fees and court costs. You have to decide if the transportation costs and bankruptcy fees are worth filing bankruptcy. Would your money be better spent paying the debts? Why File Bankruptcy from Abroad? Individuals who live abroad may have an overwhelming amount of debt back in the United States. If these individuals have assets or property in the United States, they may want to protect it from creditors by filing bankruptcy. Each bankruptcy chapter has its own requirements. Debtors must meet the legal requirements to qualify to file bankruptcy. Even if a person lives abroad, creditors can still file judgments against them for unpaid debt. Judgments allow creditors to seize bank accounts, place liens on homes or land, or seize other personal property. Judgments are a legal action filed in court. These judgments will not go away. Creditors will continue to work to take your property. If you are not present in court to fight the judgment or negotiate a settlement, it is at that point that you run the risk of losing some of your assets to the creditors. Filing bankruptcy prevents creditors from seizing certain assets. A bankruptcy attorney can explain collections, judgments, asset protection, and bankruptcy law to you. Together you and your attorney can discover the best course of action for your situation.
Can a Consent Judgment be Wiped Out in Bankruptcy?	Definition of a Consent Judgment A consent judgment is issued when two parties agree to a settlement to end a lawsuit. The parties write up an agreement for the judge to sign. Consent judgments considered here are those between a debtor and creditor. Creditors can agree to settle for less than the full amount they are owed. The debtor makes arrangements to pay on the settled amount. Once this consent judgment is signed by all parties and approved by the judge, any court proceedings are brought to an end. Consent Judgments that Cannot be Discharged in Bankruptcy Certain types of judgments will not be discharged in a Chapter 7 bankruptcy. A Chapter 7 bankruptcy is when all of a debtor's financial obligations are forgiven. Examples of debts that cannot be forgiven include: • Student loans • Child support or alimony • Government debts such as taxes, court fees, restitution • Homeowners association or condo fees accumulated after filing Chapter 7 • Payments for injury or death caused by a DUI charge. Creditor Options Regarding Consent Judgments and Bankruptcy If a creditor does not believe their debt is dischargeable, the creditor can file an objection. Making an objection involves filing an adversary charge in bankruptcy court. A judge may agree that certain debts are not dischargeable. Examples of non-dischargeable debt include payments on: • Money, services, or goods obtained by fraud • Injury caused by a criminal offense such as assault • Fraud committed by a trustee or guardian. Laws Governing Release of a Consent Judgment Bankruptcy laws vary by state. These bankruptcy laws dictate whether a consent judgment can be eliminated through bankruptcy. Federal bankruptcy law trumps state law if the two bodies of law disagree. If you are considering filing bankruptcy to avoid debt including a consent judgment, it is advisable to consult an attorney. Bankruptcy attorneys know all of the applicable bankruptcy laws. They will represent you at the hearing to release you from all the debt that is legally possible. In order for the bankruptcy attorney to represent you to the best of his or her ability, you must be honest with the attorney regarding assets and debts. Provide as much documentation as possible so that the attorney is prepared at your bankruptcy hearing.
Can I Start DUI Classes Before My Court Date?	Before discussing whether driving under the influence (DUI) classes can be taken before the court date, it is helpful to understand what leads up to DUI classes. Those arrested for driving under the influence (DUI) can expect to face a court date, fines, court costs, jail time, random DUI testing, alcohol treatment counseling, or DUI school. Consequences vary depending on local and state laws. Another factor affecting consequences is the total number of DUI offenses a person has. DUI classes are prescribed to reduce the possibility that a person will drive under the influence again. Another goal is to allow participants the chance to confront issues in their life caused by alcohol abuse. Topics that may be covered in DUI class include: • How to recognize alcohol abuse patterns • Consequences of drunk driving • Learning how alcohol affects the body and mind • Confronting whether a participant is afflicted with alcohol abuse • Health risks of alcohol abuse • Risk factors for abuse and how they personally affect each class member • Understanding risks of relapse and how to prevent relapse • How to manage stress or emotion • Learning communication skills in relationships How To Look Up My Court Date Online Whether those arrested on DUI charges can take DUI classes before the court date depends on the applicable laws. Some states allow drivers to start classes before the court and look favorably on drivers who are proactive. Other states order DUI classes at the time of conviction and then issue documentation that drivers must take to class. Check with your state’s DMV or your attorney to see what your options are. Since the length of the DUI course varies depending on the number of offenses, it makes sense to wait until you are convicted. Waiting until sentencing will ensure that you take the proper course to fulfill the conditions of your sentence. Some DUI courses are not sanctioned by the court. Before you spend money on a course that does not fulfill the court’s requirements, it is better to wait until conviction. The court will then provide you with a list of approved DUI classes.
What Courses to Take to Become a Lawyer	Undergraduate Degree Law schools do not require a specific undergraduate degree to be admitted to law school. Instead, law schools look for students with writing, debate, speaking, and English skills. Undergraduate classes that build these skills will help prepare prospective attorneys for law school and their future career. Writing skills are needed for creating professional legal documents. Debate and speaking classes are beneficial to prepare attorneys to argue cases in court. English skills will assist attorneys in speaking and writing with proper grammar so the attorney's work will be taken seriously by others. Another suggestion for undergraduate work is to major in a topic that builds the foundation for a particular field of law. If a future law school student wants to be an environmental attorney, choose a major in science, biology or chemistry. If native English speakers want to work with clients that speak a language other than English, it makes sense to major in the language of choice. Law School Curriculum Each law school will have its own required and elective classes. Law school usually takes three years. During the first year, students will take law classes that give them a solid understanding of the basics of law. First year law students will learn about civil procedure, criminal law, legal research and legal writing. Civil procedure courses teach investigative skills and how to present a case in court. Criminal law prepares students to represent clients accused of breaking a local, state or federal crime. Legal research is necessary to discover the laws and cases that that apply to the case at hand. Legal writing courses teach students the legal lingo and proper formats of documents that must be filed with the court or served on witnesses. Second year law students usually take Constitutional law, rules of evidence, and legal ethics. After taking those basic law courses, second and third year students can choose to specialize in a certain area of law or take general law classes. Students can specialize in civil litigation, estate planning, business, Constitutional, employment, environmental, real estate or tax law. For example, those who want to specialize in employment or business law will take courses on business organization, employee rights, and business insurance. Prospective law school students can speak with an advisor who will guide students to the right courses to prepare them for a successful career in their field of choice.
Does Filing Bankruptcy Release You From a Small Claims Judgment?	A small claims judgment is when a creditor sues you in small claims court to force you to pay the debt. If the creditor wins, you are legally required to pay the debt or face garnishment of wages and bank accounts. Small claims judgments are claims under a certain dollar amount. Each jurisdiction has its own standards regarding the ceiling on a small claim. Small claims could be for a variety of debts from medical bills to credit cards. Chapter 7 Bankruptcy does release you from a small claims judgment. A Chapter 7 Bankruptcy shows that you do not have enough assets to pay your debts. In order to have the judgment discharged, be sure to list the judgment as one of your debts. Be careful when considering filing a Chapter 13 Bankruptcy. In a Chapter 13, you reduce your debts to one payment a month made to a U.S. Bankruptcy Trustee. You can work with the courts and the creditors to pay all or a portion of your debt over a three to five year period. If you choose to file a Chapter 13, the small claims judgment may be included in your repayment plan. Other items to consider before filing bankruptcy due to a judgment are the size of the judgment and the total amount of all your debt. It would be foolish to file bankruptcy on just one judgment if the dollar amount is relatively small and you have no other debt. It is foolish because bankruptcy and attorney fees can cost $1,000 to $2,000 dollars. Based on this information, if the judgment is small, it would be best to just pay the judgment. You can attempt to work with the creditor to see if they will accept a payment plan rather than immediate payment in full. However, if you have multiple judgments that add up to a substantial amount of money, bankruptcy may be a good option for you. If you have one small judgment and a high amount of other debt, bankruptcy may help you get out of debt. Once you begin the paperwork for bankruptcy, all collection efforts against you must stop, even small claims judgments. If the U.S. Bankruptcy Court approves your bankruptcy, all of your debts are discharged. No creditor can attempt to collect from you on any debt included in the bankruptcy.
What Would Happen if the US Treasury Goes Bankrupt?	If the U.S. Treasury went bankrupt, America would experience the largest depression in the history of the country. First, let’s look at how we reached this point in our country’s history. Figures vary but it is estimated that the U.S. owes creditors at least $16 trillion dollars. One reason is that the U.S. government keeps asking creditors for more time to pay our debt. Doing so causes the debt to increase because additional interest charges accrue. In an effort to generate more money to pay our debt, the U.S. Treasury prints more money and bonds. All this does is weaken the value of our dollar and our treasury bonds. American economist Thomas Sowell claims that today’s $100 is worth less than $20 in the 1960s. What this means is that our life savings are not worth as much as we thought and will not sustain us as long as we had planned. When the U.S. Treasury is no longer able to pay its debts on time, the government will increase taxes on American citizens in an effort to raise enough money to pay what it owes to creditors. If our taxes increase by fifty percent, we will have less money to keep a roof over our heads and food on our tables. Without sounding overly dramatic, desperate people do desperate things. People will be so angry when they run out of money that they will resort to stealing. Violence will increase. Since the government will be broken, it will not have enough law enforcement to control looting and violence. Simply said, the government will have no funds to provide people with food stamps, Medicare, Medicaid, or Social Security. This leads to the question of how people will survive. Unfortunately, there is no good answer to that question. Businesses will close resulting in increased unemployment. If people are unemployed and their savings are almost worthless, they will not be able to afford even the necessities of life. This brings us back to the fact that the government will be broke and will not be able to help its citizens.
If I Owe Money to a Company that is Going Bankrupt, Do I Still Have to Pay Them?	Yes, even if a company is going bankrupt, you still have to pay what you owe them. Why? Just because a company is going bankrupt does not mean your debt is eliminated. If you have purchased goods or services from a company, you still owe them for what you received from them. If it is a personal loan, credit card company, auto loan, or home loan, of course, you have to pay it back. You have already received the money, the car, or the home. Look at it like this: the company you owe money to also owes money to its creditors. When a company enters bankruptcy, a trustee is appointed to liquidate the company’s assets and use the proceeds to pay the creditors. The money you owe them is one of the company’s assets. Does Your Name Go in the Local Paper when You Become Bankrupt? If you do not pay the debt, you will face collection efforts. Since the company is going through bankruptcy, it will generally use an outside collection agency or third-party collection agency. Once the money is collected, it goes to the trustee who then pays the company’s creditors. It is better to pay the money that you know you owe rather than face a lawsuit or other collection efforts. If the bankruptcy is a restructuring rather than liquidation, you may not even know the company is going through bankruptcy unless it is announced on the news. When a company goes through a debt restructuring bankruptcy, known as a Chapter 11 bankruptcy, the company keeps going about its regular tasks to earn money to pay their creditors. Yes, the company may have received all or partial forgiveness on some of its debts. At the same time, they need to stay in business to pay the money they owe. It is also true that some employees may lose their jobs in the restructuring. This may result in: However, if you purchased the product or service, you must pay for these items. If it is a monthly service such as a cable or telephone bill, yes, you do need to keep paying for the service as long as you continue to use it. Just to be safe, keep paying your bills as normal to a bankrupt company unless you receive other instructions.
Can I File a Civil Suit Against Someone Who Filed Bankruptcy	Whether you can file a civil lawsuit against someone who has filed bankruptcy is a complex question with more than one answer. Standard procedure is that per federal law, any collection efforts must cease when someone files bankruptcy. Trying to collect a debt after being notified the debtor is filing bankruptcy can actually result in criminal penalties under federal law. Those who are considering filing bankruptcy must file a document called "Suggestion of Bankruptcy" with the bankruptcy court. Based on this information, you cannot file a civil lawsuit after you receive this notification that a debtor plans to file bankruptcy. Filing this document gives debtors what is called an automatic stay from collection efforts. Even if you started the civil suit before the debtor filed the Suggestion of Bankruptcy, you must stop any further court proceedings regarding the suit. If a creditor can prove the debt was obtained by fraud or false pretenses, the debt is not dischargeable in bankruptcy court. Non dischargeable means the debt will not be forgiven. The debtor will still be responsible to pay. If you think your case meets these criteria you can file what is called an Adversary Proceeding in bankruptcy court. Other examples of debt that cannot be discharged include student loans and money owed to state or federal agencies. Examples of debts to agencies include federal fines, back ordered child support or alimony, and back taxes. Creditors may file a request for relief from the automatic stay so that the creditor can continue pursuing the case. This request is filed in the same district court where the civil suit began. It is up to the district court to approve or deny the creditor's request. The best way to prove your claim is to file an Adversary Proceeding. Doing so states that your claim is valid, has priority over other claims, or is secured by real property. If creditors do nothing to assert their claim, the claim will be dismissed when the bankruptcy is approved. By not asserting a claim, you are telling the defendant and the bankruptcy court that you are waiving your right to pursue payment. It is advisable to consult with or retain an attorney when faced with a debtor who is filing bankruptcy. Doing so avoids violating any federal law that protects the debtor's rights.
How Do You Determine if an Attorney is Legitimate and Has Passed the Bar?	If you are in need of the services of an attorney, it is likely that you are facing a complex legal issue that you cannot handle without a legal expert. Understandably, it is important to determine if an attorney is legitimate and has passed the state bar exam. How much effort you expend into verifying this information is your decision. The easiest way to determine if an attorney has passed the bar exam is to contact the bar exam office in your state. Try doing an internet search with the name of your state and the phrase state bar association. For example, "Vermont state bar association." Some states will have a list of attorneys on the website. In other states, you may have to call or write the state bar association. If for some reason you are not able to verify an attorney's credentials through the state bar association, try calling the state Supreme Court Clerk. These clerks have a list of attorneys licensed to practice law in their state. Ask the state bar association or Supreme Court clerk whether the attorney has any complaints filed against them. Try to find out what the complaint was regarding, how the complaint was resolved, and what disciplinary action was taken against the attorney. You may want to think twice about hiring an attorney who has faced disciplinary action. One way to verify if your attorney is legitimate is to ask your attorney for a short list of cases he or she has argued. Check the results of the case with the clerk of courts. If the attorney was allowed to represent the case in court, it is an indication that the attorney is legitimate and in good standing. Another way to determine whether an attorney is legitimate is to verify his or her education credentials. Ask the attorney what law school he or she attended. Then, call or write the school to verify the attorney did in fact graduate. You can take it a step further by asking if the law school is accredited by a well-known college or university accrediting agency. Ask the attorney for a list of clients who are willing to speak with you regarding their experience with the attorney. Consider asking whether the client was satisfied with the outcome of their case and their opinion of how the attorney handled their case.
What is a Mortage Cram Down for Rental Properties?	Simply stated, a mortgage cram down for rental properties will reduce the amount of your loan based on certain criteria. If you have a rental property that has depreciated in value, you may be eligible for a mortgage cram down. In order to be eligible for a cram down, you must file a Chapter 13 bankruptcy. A chapter 13 bankruptcy allows you to make a repayment plan of most of your debts in the next three to five years. Repayment plans will not exceed five years. Filing a Chapter 13 bankruptcy also stays collection calls and efforts. You may be eligible for a mortgage cram down if the market value of your rental or investment property is less than the amount of your mortgage. For example, if your mortgage is for $500,000 but the property is only worth $300,000, you may qualify to have the principal of the loan reduced to $300,000. Please note that first mortgages on your primary residence are not eligible for the mortgage cram down. In addition to having the principal on your mortgage loan reduced, the bankruptcy court may lower the interest rate. It is up to the bankruptcy court to set the interest rate. When the loan is reduced, the difference between the market value of the rental property and the amount of the loan principal becomes unsecured debt. When you have fulfilled your payment plan, the unsecured debt is discharged or forgiven. Only people who have enough income to make the monthly payments can qualify for the Chapter 13 mortgage cram down. If your Chapter 13 repayment plan is approved, you are assigned a trustee who will distribute your monthly payments to your creditors. An advantage of sending the money to the trustee is that you will have only one loan payment each month instead of making payments to multiple creditors. One important item to note is that people will not be eligible for the Chapter 13 bankruptcy mortgage cram down if they have had another bankruptcy case dismissed in the last six months. Another requirement is that debtors complete consumer credit counseling before filing a Chapter 13 bankruptcy.
How to Get a Job in Criminal Justice Administration	As the name suggests, careers in criminal justice administration prepare graduates to take on managerial functions in a criminal justice setting. Those in criminal justice administration can choose to work in corrections, rehabilitation, parole, probation, law enforcement, the court system, organized crime or white collar crime divisions, or private security. Criminal justice administration professionals combine their managerial skills with their knowledge of law enforcement to keep departments and agencies running efficiently and effectively. Another career option includes analyzing crime control theories and developing the best crime control or crime prevention plan for your department or geographical region. Administrators can work with court and justice systems to ensure the agencies are following due process, upholding constitutional rights, and following case law. Criminal Justice Administration Salary Salary for administrators in criminal justice ranges widely depending on where the administrator works. Administrators at the federal level earn anywhere from $30,000 to $90,000. State level administrators earn from $30,000 to $80,000 per year. Education Requirements A Bachelor of Science in criminal justice administration provides students with principles, practices, concepts, and theories of criminal justice along with management skills. Students will learn about the operations of a police department, court room, agency, and correctional facility. Graduates of a bachelor’s in criminal justice administration will learn management skills such as public relations, management, human resources, communication, leadership, human interaction, crisis strategies, organizational behavior, and writing skills. Students of the bachelor’s program will learn about how legal and civic matters work together. Examples of these ideas include neighborhood development and planning, urban politics, current social problems, interracial communications, minorities, criminology, psychology, and ethics. For those who want to take their education one step further, a Master of Science in criminal justice administration is available. In order to advance in the FBI, Drug Enforcement Agency (DEA), U.S. Marshals, or Immigration and Naturalization Services (INS), a master’s degree is essential. Most master’s degree programs in criminal justice take three years to complete. In order to be considered for an entry level position in criminal justice administration, candidates often need to have at least five years’ experience in criminal justice, good job performance reviews, and a bachelor’s degree. [qs_listing areaofinterest=”CRIMINAL-JUSTICE-ADMINISTRATION”]
How to Get a Job in Crime Scene Investigation	A crime scene investigator career is not for the faint of heart. Investigators are called to crime scenes such as homicides, sexual assault cases, burglary, armed robbery, and home invasions. Even in gruesome, violent crime scenes, investigators have to remain calm and professional. Crime does not happen on an 8-5 Monday through Friday schedule. Crime scene investigators must be prepared to work any time of the day or night, often working more than 40 hours a week. Once crime scene investigators reach a crime scene, one of their first responsibilities is to observe the crime scene to determine what evidence needs to be collected and preserved. Some investigators take their own photographs of the crime scene, victims, and potential evidence. Some investigators may work with a photographer who takes on the responsibility of visually documenting the crime scene. Crime scene investigators make drawings of the crime scene and make notes on what they see. Perhaps the most important part of a crime scene investigator’s responsibilities include collecting any evidence such as fibers, weapons, fingerprints, drugs, bodily fluids, or anything else that may help solve the case. Evidence must be properly collected, documented, transported to the crime lab, and studied at the lab. Once the evidence has been studied, the investigator prepares a report of his or her findings to give to the detectives working the case. Occasionally an investigator will need to testify in court regarding the evidence at the crime scene. Crime Scene Investigator Salary According to the Bureau of Labor and Statistics, the median salary for crime scene investigators was just over $50,000 in May of 2010. The lowest wages were in the $30,000 range while the highest wages were around $82,000. Salary will vary depending on education, experience, and the agency level where employed. For example, those working with the FBI may earn more than investigators at the local level. Job Requirements for a Crime Scene Investigator Crime Scene Investigators with a bachelor’s degree will have more opportunities for their career than someone without a degree. Majors in criminal justice, forensics, biology, chemistry, or crime scene investigation are beneficial. Investigators must pass a background check, polygraph exam, a physical, and a psychological evaluation as part of the hiring process. Once hired, new investigators work with experienced investigators until they are ready to work alone. [qs_listing areaofinterest=”CRIME-SCENE-INVESTIGATION”]
How to Get a Job in Criminal Justice	Anyone interested in learning more about the law and law related careers will benefit from a Bachelor’s Degree in Criminal Justice. Possible Careers with a Degree in Criminal Justice Earning a Criminal Justice degree educates students in a wide range of legal topics. Criminal Justice majors learn about the criminal justice system, legal procedures, criminal investigation, law enforcement, the court system, and corrections. A Criminal Justice degree opens up a broad range of career opportunities for graduates. Possible careers in law enforcement include police officer or detective, probation officer, or correctional officer. One example of a career in corrections is a prison warden or guard. For those who want a covert position, consider a career as a secret service officer, FBI agent, or private detective. Other career possibilities include border patrol officer, customs agent, or immigration guard. If graduates enjoy working in a legal office or court room, available careers include paralegal, law clerk, court clerk, or court transcriptionist. For those interested in understanding criminal behavior, consider becoming a criminologist. Employees in this field learn about what causes criminal behavior and how to control or prevent such behavior. How Much Can One Expect to Earn in Criminal Justice? With such a wide variety of available career opportunities, salaries differ depending on a graduate’s career of choice. Private detectives or private investigators can expect to earn over $40,000 per year. Court clerks earn close to $50,000 annually. Paralegals earn approximately $45,000 per year. A police officer can make over $50,000 annually. Prison wardens earn close to $40,000 per year. Criminologists earn an average of $45,000 annually. Secret Service agents can earn as much as $75,000 per year. Customs agents can make up to $45,000 annually. Job Requirements Since a criminal justice degree opens up the way to numerous careers, job requirements do vary. In order to have hope of advancement and the opportunity for a higher salary, consider earning a bachelor’s degree. Some criminal justice careers require extensive training. For example, new federal correction officers need to attend 200 hours of training during their first year of employment. Paralegals have voluntary certifications they can earn. Certifications usually involve extensive study in preparation for a comprehensive exam. Those interested in criminology will benefit from psychology and sociology classes to understand the criminal mind and criminal behavior. [qs_listing areaofinterest=”CRIMINAL-JUSTICE”]
Who Was Henry Campbell Black?	This dictionary's namesake was a consummate turn-of-the-20th-century professional who left a permanent mark on the American legal landscape. Born in 1860, Henry Campbell Black grew up in New York State's Hudson Valley region and developed an interest in the law at a young age. In fact, he was something of a prodigy: He published the first edition of Black's Law Dictionary before his 31st birthday. Today, this book is recognized as a top legal resource and serves as a basis of study for many thousands of aspiring legal professionals. Ironically, Henry Campbell Black wasn't a particularly noteworthy lawyer. Although he received formal legal training and began to practice law after graduating from a now-defunct law school in Pennsylvania, he grew frustrated with the demands of the profession and left his post after just five years. After leaving his unsatisfying job as a lawyer, Black quickly holed up in his parents' house and began compiling a comprehensive list of legal terms. Although it's unclear whether he intended this compilation to become an iconic tome, the scope of his ambition was clear from the start. Known as "Campbell" to his friends and relatives, Black was a confirmed homebody. Unlike most of his legally-inclined peers, he chose to live in his family home for the majority of his adult life. In fact, he lived with his mother until she passed away in 1911. It seems likely that his strict Presbyterian upbringing imbued Black with a strong sense of discipline and familial obligation. This might also explain his decision to remain single until after his 50th birthday. Black did eventually marry a much-younger single woman who had boarded with his mother for some years. By this time, he was living in Washington, D.C. and had become immersed in his work as a legal scholar. In addition to his work as the editor of Black's Law Dictionary, he published over 1,000 scholarly articles that touched upon arcane legal matters as well as timely political issues. In recognition of his achievements, he received an honorary law degree from his undergraduate alma mater in 1917. Of course, Black kept returning to the legal dictionary that he had created. During his lifetime, he issued several revised editions of the tome. With each successive publication, he personally oversaw the addition of thousands of new definitions and concepts. By the time he passed on in 1927, he had earned recognition as one of the most powerful legal thinkers of his generation.
Is It Illegal for a Prospective Employer to Verify Your Current Salary?	If you're like most job-seekers, you've probably talked to dozens of human resources professionals and e-mailed hundreds of copies of your resume to prospective employers. It's highly likely that you've received at least a few responses from these employers' hiring departments. However, this might be cold comfort. After all, there's a good chance that you provided misleading or downright untrue information on your application or cover letter. While this is a dubious practice, it's not uncommon: According to recent surveys, more than half of all American job applicants admit to embellishing key aspects of their employment history or qualifications. Many applicants "pad" their resumes with nonexistent or exaggerated internships. Others inflate past salary or bonus figures. If you've provided misleading, exaggerated or unsubstantiated compensation-related information to a prospective employer, you might be wondering whether your dishonesty will be discovered. In the United States, employers are not prohibited from double-checking job applicants' quoted salary figures. If you provide a public or private employer with information about the compensation that you've received in the past, you should expect its hiring department to contact your previous employers and confirm that you're telling the truth. Before deciding to proceed with a new hire, most selective employers will take this step. However, your previous employers might not provide any information to your prospective employer. Unless they've been issued a subpoena, U.S.-based employers are under no legal obligation to disclose any information about current or former employees. In fact, most employers specifically forbid their human resources departments from discussing such matters. In most cases, these departments will simply confirm your dates of employment and refuse to give out any additional data. It's important to note that the consequences for providing misleading or untrue information on a job application can be serious. Although you probably won't face criminal charges for lying to a private employer, you might be held criminally liable for making egregious misrepresentations to a government agency. However, it's more likely that you'll simply be terminated for your transgression. Depending upon the structure of your employment contract, it's also possible that you'll have to pay back certain wages or benefits that you received during the course of your employment stint. In light of these consequences, it would be unwise for you to make material misrepresentations on any job application. Whether you're putting in an application at McDonald's or looking for work at a high-powered law firm, your dishonesty is likely to haunt you.
Can You Go Back to College If You Owe on Your Student Loan?	If you’re like most folks, you chose to finance your education with a combination of out-of-pocket outlays and federally-backed student loans. Depending upon your institution’s tuition costs, you may have accumulated a sizable load of student loans. In fact, your burden could be interfering with your post-graduation lifestyle. If your mounting interest and principal payments are making it difficult for you to afford basic necessities like food and fuel, you might be thinking about defaulting on your loans. Unfortunately, this could have dire consequences for your credit profile. Worse, you might not be able to discharge your student loans with a standard bankruptcy filing. Unless you can convince a bankruptcy judge that you’ll be permanently unable to repay your loans, you’ll be subject to wage and tax-refund garnishments at the behest of your lenders. Depending upon the size of your debt burden, these could continue indefinitely. If your student loans are in default, you won’t be able to go back to school right away. First, you’ll need to make the requisite back payments on each loan and work out a repayment plan with your lender. Once your loans are back in good standing, you’ll be free to return to school. You might even be able to obtain new federally-backed student loans to cover your tuition costs. If you still owe money on your student loans but haven’t yet defaulted, you may return to school at any time. However, you’ll need to avoid over-leveraging yourself. If you take out too many student loans at once, you may expose yourself to higher interest rates. In certain circumstances, your loan applications might even be denied. For starters, you’ll need to take stock of your current student debt load. If your debts are still fairly extensive, you might not qualify for additional federally-backed student loans. You also won’t qualify for any loans issued through the federal Stafford program. Instead, you’ll have to secure financing through the Parent PLUS program. If your parents aren’t willing to shoulder an additional financial burden, you’ll have no choice but to procure your loans on the private market. Private student loans come with several key drawbacks. Most importantly, they’re not guaranteed by the federal government. If you default on a private student loan, your lender may go to great lengths to recover its principal. Additionally, private student loans tend to carry: In fact, some private student loans begin to accumulate interest immediately.
Can I File a Claim Against My Neighbor’s Homeowner’s Insurance Company?	There are several instances in which it might make sense to file a claim against your neighbor's homeowner's insurance company. If your home was damaged by a structural component of his or her house, you might have reason to suspect that his or her negligence caused the problem. If a tree limb or other natural feature that originated on his or her property caused structural damage to your home or outbuildings, you might believe in the merits of such a claim as well. Likewise, you might expect your neighbor's homeowner's insurance provider to pay for the damage that the roots of one of his or her trees caused to your plumbing or sewer system. Unfortunately, you're legally prohibited from filing a claim against your neighbor's homeowner's insurance company. Regardless of the apparent merits of your case, such a claim simply isn't permitted in any legal jurisdiction. If you have your own homeowner's insurance coverage, you'll need to file a claim with your provider. If you don't have homeowner's insurance, it's unlikely that you'll be able to recover any money from your neighbor's homeowner's insurance provider. However, it might be worthwhile for you to attempt to make such a recovery. You'll have just one realistic option for doing so. This will involve filing a formal lawsuit against your neighbor. If you suspect that he or she doesn't have the resources to pay for the damage to your home, you'll need to file a suit against his or her homeowner's insurance provider as well. In either case, the provider will ultimately pay for the damages: If your neighbor is found to be liable, his or her provider will reimburse him for the full amount of your award. As such, you shouldn't feel bad about filing the suit. Once you file your lawsuit, you'll need to prove that the damage to your home or property was the direct result of your neighbor's negligence. This is liable to be difficult: Unless you can convince your neighbor to testify in frank terms about his or her supposed negligence, you probably won't be able to build a convincing case. Since your lawsuit won't be a criminal matter, you won't be able to subpoena any maintenance records. In fact, your only option may be to present the testimony of a third-party appraiser or damage expert. Unfortunately, your neighbor's homeowner's insurance company will be free to refute such testimony with the opinions of its own appraisers.
Can a Parent Have His or Her Married Daughter on His or Her Health/Auto Insurance Plan?	If you enjoy solid health insurance coverage through your employer or group health plan, you might be wondering whether your married daughter is eligible for inclusion on your policy. After all, you were able to include your child on your policy before her 18th birthday. Following the passage of the Affordable Care Act, you might suspect that she's eligible for inclusion on your policy after her 18th birthday as well. Before you spend an afternoon on the phone with the Health and Human Services Administration, take a moment to consider your options. Depending upon your daughter's age and employment status, you might be able to add her to your health insurance policy without throwing your household's budget into disarray. Under the terms of the Affordable Care Act, a child is entitled to remain attached to his or her parents' health insurance policy until his or her 26th birthday. Prior to 2009, many health insurance companies refused to extend such "parental coverage" to non-dependent adult children. The Affordable Care Act has made such refusals illegal. While a parent or child can voluntarily decline joint parental coverage, all of the insurance companies that do business in the United States are required to honor qualifying joint coverage requests. In other words, your married daughter can remain on your health insurance policy until her 26th birthday. This has no effect on her marital status or tax-filing protocols: She may remain legally married during the effective coverage period and is entitled to file a joint tax return with her spouse. However, this rule does come with certain restrictions. For instance, your daughter can't include her spouse or children on your health insurance policy. If they wish to procure health insurance, they must do so by other means. Unfortunately, this restriction may dissuade your daughter from accepting your offer of health insurance coverage. If she's the primary breadwinner in her household, it's likely that she'd be able to obtain health insurance through her employer. If her spouse lacks a full-time job, your daughter's employer-sponsored health insurance plan might represent the family's only realistic coverage option. As such, your daughter might opt to decline your offer of coverage and sign up for her own group health insurance plan. On the other hand, your daughter can remain on your auto insurance policy indefinitely. As long as she lives in your household, you'll be able to cover her vehicle on your personal "family plan." Once she moves out, she'll have to obtain her own coverage with her spouse.
What Happens to a Person Who Passes Away with No Life Insurance, Money or Family That Can Help?	Sadly, it's not uncommon for people to die without a "safety net" to offset their final expenses. Since funerals can cost anywhere from $3,000 to $20,000, this is not a trifling matter. Unfortunately, many people don't prepare to die suddenly or can't afford to make arrangements for such an eventuality. With the cost of life insurance rising at nearly double the rate of inflation, this problem may get worse with the passage of time. If you know someone who's near death and can't afford to cover the cost of his or her final expenses, you may be able to assist him or her in a few different ways. Although it seems insensitive, it might make sense to compile a list of "affordable" post-death options. For instance, cremation is typically more affordable than a full burial. Likewise, conduct some research on the funeral homes in your area to get a sense of the potential cost of your loved one's memorial service. These two steps might save several thousand dollars. Next, contact the funeral homes that you've selected to determine whether their pricing schemes are negotiable. In many cases, you'll be able to work out a payment plan that can spread the cost of your loved one's funeral over a period of five to 10 years. If the funeral directors in your area seem reticent to do this, you may wish to contact the church at which you're planning on holding the funeral. In many cases, this institution will be able to pay off the funeral director and shoulder most of the additional expenses. In return, it may expect some type of bequest or ongoing gift. Alternatively, certain charities in your area may be able to help shoulder the costs associated with your loved one's burial. Most religious charities offer such support for members of specific denominations. Interdenominational charities like the Salvation Army might be able to provide some support as well. It's entirely possible that you'll have to contact an array of charities and secure funding from multiple sources. While the nonprofit sector provides the most realistic option for covering the funeral costs of someone who dies without life insurance, savings or financially-comfortable family members, the government might be able to help as well. If you can't secure funding for your loved one's funeral by other means, contact the Social Security Administration. If your loved one drew Social Security benefits before his or her death, this agency might be willing to provide some limited financial assistance.
Is My Money in Fidelity Investments Mutual Funds Fairly Safe?	If you’re like most retirement investors, you’ve chosen to put a significant amount of your long-term savings into mutual funds, bonds, and stocks. These three investment classes generally provide long-term investors with the best possible risk-reward balance. Over many years, these vehicles tend to appreciate at several times the rate of inflation and experience relatively minor bouts of volatility. As such, they’re judged to be “safe” relative to more exotic investment vehicles like: However, all investments carry some risk. If you’ve invested in a basket of mutual funds from Fidelity Investments, you should be prepared to experience temporary losses and periods of gut-wrenching volatility. If you anticipate needing the money that you’ve placed in these funds within the next several years, you may wish to cut back on your exposure and place your hard-earned money in more stable investments. Although they won’t offer the same rates of return as your mutual funds, CDs and Treasury bonds are virtually guaranteed to retain their value and make regular interest payouts. As a rule, investors who plan on retiring within the next five years should keep the bulk of their savings in such low-risk vehicles. If you’re younger, Fidelity Investments is a great place to put your money. Over the past several years, the company’s mutual funds have clearly outperformed the funds issued by well-respected firms like Vanguard and Morningstar. In addition, Fidelity is known for its fair cost structure and straightforward management strategy. Unlike “fancier” mutual funds issuers like Franklin Templeton and the Hartford, Fidelity makes clear distinctions between its fund classes and rarely mixes asset types within specific funds. If you want to invest solely in large-cap stocks that pay steady dividends, there might be several Fidelity funds that fit your criteria. By contrast, some other firms’ funds might force you to hold positions in riskier technology stocks or commodity-based outfits as well. In short, your money is fairly safe in a Fidelity Investments mutual fund. Although the recent financial crisis shook the confidence of millions of retirement investors and caused many to swear off the stock market on a permanent basis, it actually treated Fidelity customers fairly well. Aside from a year-long period during which most Fidelity funds declined by an average of 20 to 30 percent, the crisis had a manageable impact on the company’s bottom line. In fact, it actually gained customers in the wake of the turmoil.
Can I Get My Canceled Auto Insurance Policy Reinstated at the Same Rates as Before the Cancellation?	Auto insurance policies can be cancelled for several reasons. If you've been convicted of a serious vehicular crime like drunk driving or reckless driving, it's possible that you've been "dropped" from coverage by your insurance carrier. Although insurance companies are required to provide coverage for high-risk drivers, they aren't technically prohibited from dropping such drivers from coverage. Once a high-risk driver has been dropped from coverage, he or she becomes part of his or her state's "insurance risk pool." Each insurance company that does business in a given state is required to cover some of the drivers in its risk pool. Once a high-risk driver has obtained the proper post-conviction documentation, he or she will be able to secure insurance coverage from one of these companies. If you've been dropped from your insurance policy as a result of an impaired-driving conviction, you won't be able to reinstate your policy at its pre-cancellation rates. In fact, you should expect to pay a "risk premium" of at least 50 percent of the former cost of your policy. It's more common for insurance companies to drop policyholders who can no longer afford their policies. Under these circumstances, providers are under no legal obligation to reinstate the delinquent policies. If you've been dropped from your policy due to an inability to pay, you may be able to reinstate it at its pre-cancellation rates. However, your ability to do so will depend upon several factors. First, your insurance carrier may require you to cover the delinquent balance on your account. Since this will probably amount to at least two monthly premium payments, you'll need to write a check for several hundred dollars to your carrier. Once you send in your payment, it may take several days for your coverage to resume. You'll receive an e-mail or letter that confirms that your account is in good standing. Secondly, your insurance carrier might refuse to reinstate your policy under certain circumstances. If your coverage has been dormant for more than three or four months, your provider could charge a "non-payment premium" on top of your delinquent balance. If you can't pay this special premium, you might not be able to receive coverage at your previous rates. Finally, your insurance carrier will run a fresh driving-history check before agreeing to reinstate your coverage. If you've been involved in an accident or received a traffic citation since your policy's cancellation, you'll be forced to pay higher rates after its reinstatement.
As a Sole Proprietor, Can I Write Off My Student Loan Payments?	If you’re a sole proprietor, you probably write off hundreds or even thousands of dollars in business-related expenses each year. As a business owner, you’re eligible for many tax breaks that regular taxpayers can’t claim. When times are tough, these breaks can provide a much-need boost to your income and allow you to make essential investments in your business. Many small business owners swear by these deductions and lobby the IRS to make enhancements to them at regular intervals. Unfortunately, there are limits to the business-related expenses that sole proprietors may claim. Although you’re likely to be permitted to deduct the cost of self-help books, business seminars and continuing-education classes, the IRS won’t allow you to deduct the principal payments that you make on your college-era student loans. If you financed your undergraduate education with federally-backed or privately-sourced student loans, you’ll need to eat the cost of your principal repayments. However, you may be able to claim the interest that you pay on your old student loans. In fact, this privilege is not reserved for sole proprietors. Virtually anyone who meets certain income requirements is eligible to write off the interest that they pay on their outstanding student loans. For many borrowers, this adds up to a significant tax deduction. If your student loans carry an effective annual interest rate of 6 percent and a remaining principal balance of $30,000, they’ll accrue interest at the rate of $1,800 per year. Depending upon your average income tax rate, a write-off of this size could reduce your total tax liability by as much as $1,000. Although your status as a sole proprietor doesn’t entitle you to write off the principal payments that you make on your student loans, it does permit you to write off plenty of other business-related expenses. If you work from home, you may be entitled to an even greater array of write-offs. Many sole proprietors are eligible to deduct all of the expenses related to the maintenance of their home offices. Even if you work in a number of locations or maintain a physical office in a remote location, you might still be able to claim these expenses. Start by measuring your home office’s dimensions and calculating its square footage. Next, divide this figure by your home’s total square footage. Using the resultant fraction, calculate the office’s “share” of your mortgage expenses, heating costs, Internet fees and other related expenses. Under current tax laws, you can deduct these “shares” from your total taxable income.
Will Homeowner’s Insurance Pay to Remove a Hazardous Tree?	Unless you live in an arid environment, your home region is likely to be home to a range of native tree species. If you own a single-family home that features a yard or fenced-in area, chances are good that you have at least one such tree on your property. Even if it's not a particularly tall or wide, you might be worried about its potential to cause significant damage to the structure of your home during a violent windstorm, snowstorm or other weather event. In fact, you might be thinking about forestalling this eventuality by trimming or removing it entirely. Unfortunately, tree removal can quickly become ruinously expensive. Most homeowner's insurance companies advise their policyholders against attempting to cut down or trim large trees without the help of a professional tree removal service. If you need to take down an old tree that features a massive crown and twisted root structure, you might need to lay out as much as $5,000 to ensure that the job is done properly. To make matters worse, your homeowner's insurance company won't pay to remove a hazardous tree from your property. Under the terms of most homeowner's insurance policies, homeowners are required to perform any maintenance work that's necessary to prevent significant damage to their homes. This provision is often sweeping. In fact, homeowner's insurance companies interpret it to cover routine maintenance tasks like storm-proofing windows as well as more complicated jobs like removing potentially dangerous trees. It can also have serious real-world consequences. If your homeowner's insurance company can prove that you failed to perform certain types of maintenance work, it may try to associate this failure with certain subsequent damages to your home. If it can do so successfully, it may refuse to pay out on claims related to these damages. As such, it's important that you keep your home and property in excellent repair. Although this could be expensive in the short term, it's liable to pay off in the event that you file a claim. After all, repairing a potential problem is usually far cheaper than paying for the catastrophic damage that it's likely to cause. If one of the trees on your property falls on your house, your homeowner's insurance company will try to prove that the tree was dead or dying. If it can do so, it will accuse you of failing to take the necessary steps to remove the tree and use this "fact" as justification for denying your claim. In order to prevent this outcome, you'll need to pay for the removal of the tree out of your own pocket.
What Is the Cheapest Auto Insurance Rate for an 18-Year-Old Male?	As an 18-year-old driver, you're probably frustrated by the expensive auto insurance quotes that you've been receiving. While the exact cost of your auto insurance policy will depend upon a wide range of factors, you'll be unlikely to find coverage for less than $100 per month. As an 18-year-old male, you present a significant statistical risk. Even if you opt for a policy that offers poor coverage and an extremely high deductible, you should expect to pay at least $1,200 per year for your plan. As long as you avoid racking up traffic citations, your rates should begin to drop after your 20th birthday. In fact, you could be paying as little as $50 per month by your 25th birthday. Realistically, your auto insurance coverage might cost even more than $100 per month. If you select a policy that offers robust coverages, you may need to pay as much as $350 per month. Although such a policy will provide ample protection in the event that you're involved in a serious accident, it might prove to be out of your financial reach. As an 18-year-old male, you might save a great deal of money by attaching yourself to your parents' insurance policy. If you wish to purchase your own vehicle, you'll need to make sure that one of your parents retains its title. Once this is done, you'll be able to obtain affordable insurance coverage on it using your parents' existing "umbrella policy." Although you'll need to be listed as one of the vehicle's "occasional drivers," this shouldn't affect the cost of the policy to a tremendous degree. However, your parents will be held liable for any damage that you cause to the vehicle. If you're involved in an accident, your parents' insurance company will almost certainly raise their rates by 25 percent or more. If you don't find this arrangement to be palatable, you may be able to reduce your insurance costs by other means. If you haven't yet purchased a vehicle, consider buying a used vehicle with a security system, solid safety record and low resale value. These three attributes may significantly reduce your vehicle's annual insurance costs. If you've already purchased a vehicle, you may wish to install a security system. Depending upon the region in which you live, this could reduce your annual insurance costs by 10 percent or more. Finally, ask each of your prospective insurance providers about the "good student" and "safe driving" discounts that they might offer.
What Does California Law Say About Health Insurance After Divorce?	If you're going through a messy divorce in California, you're probably wondering whether you'll be able to keep your health insurance coverage after its finalization. After all, health insurance is tremendously expensive. If you're unable to remain covered under your ex-spouse's employer-sponsored health insurance plan, you might need to source health insurance coverage on the open market. Depending upon your health profile and the needs of your children, this may cost a substantial amount of money. Before you search for a new health insurance plan, you'll want to check with a seasoned divorce lawyer or health insurance expert to make sure that you're not eligible to remain covered. In fact, there are certain circumstances under which you might be able to retain your ex-spouse's health insurance coverage. Under the applicable state and federal statutes, this "continuation of coverage" is liable to be temporary. However, many divorces result in an arrangement that requires the insured ex-spouse to issue regular cash payments to the uninsured ex-spouse in lieu of providing health insurance coverage indefinitely. Alternatively, the insured spouse may be compelled to set up and pay for a health insurance plan that covers the uninsured ex-spouse in perpetuity. If the uninsured ex-spouse remains the custodial parent after the divorce's finalization, this plan will almost certainly cover his or her children as well. In other words, California law makes it likely that you'll be able to retain health insurance coverage after your divorce. However, the process of establishing and paying for such coverage can be extremely tricky. For this reason, many Californian divorce lawyers advise their clients to initiate legal separation proceedings at least one year before beginning divorce proceedings. Once a legal separation order has been handed down, it's far easier for two partners to work out the continuation of health insurance benefits on equal footing. Once the separation is official, you'll need to determine whether you'll be eligible for federal COBRA coverage. COBRA permits certain qualifying ex-spouses to remain covered by their former partners' health insurance plans for up to 18 months from the date of their divorce. However, COBRA benefits are subject to numerous limitations. They may also be far more expensive than the benefits that they replace. If you're not sure whether opting for COBRA coverage is a good idea, you should talk to your divorce lawyer. It's possible that he or she may be able to work out a deal that requires your ex-spouse to pay for a portion of your COBRA benefits.
What Is My Tax Liability on a $250,000 Life Insurance Policy?	The U.S. Income Tax Code is complex and confusing. In most cases, the income that you earn is taxed according to your total annual earnings. In theory, the country’s tax laws are set up to favor workers with relatively low incomes over workers with relatively high incomes. Depending upon your annual earnings, your income will be taxed at one of several “marginal rates” each year. These rates can be changed by Congress and fluctuate on an occasional basis. Current tax rates for the top category of wage-earners are about 40 percent of total taxable income. For earners in the bottom bracket, this figure is about 10 percent. Certain types of “unearned income” are not considered taxable. When you receive unearned income, you must claim it as part of your gross income on your tax return. However, it won’t factor into the final calculation of your taxable income. In effect, the total amount of your unearned income will function as a deduction that may be applied to your gross income. Like a regular tax deduction, it will shrink the portion of your income that the federal government considers to be taxable. “Unearned income” may include unemployment benefits and court settlements. In most cases, life insurance proceeds also fall into this category of income. You generally don’t need to claim the income that you receive from a life insurance policy on which you’re named as a beneficiary. There is a notable exception to this general rule. A portion of the benefits that you receive through an employer-sponsored life insurance plan may be taxable under federal law. If you receive benefits from an employer-sponsored policy, you’ll be able to claim at least $50,000 of these as unearned income. Beyond that amount, you’ll have to pay taxes on any benefits that you receive. For instance, you’ll need to pay taxes on 87.5 percent of the proceeds that you receive from an employer-sponsored plan that carries a death benefit of $500,000. Before you assume that your life insurance benefits are not taxable, consult with your tax attorney or a tax preparation specialist. You should also check with your state’s revenue service. In certain areas of the country, there may be state-level exceptions to the “unearned income” rule that governs life insurance proceeds. For instance, your earnings may be subject to your state’s estate or inheritance taxes. The rates on these types of taxes can be quite high. If you’re like most life insurance policyholders, you’re committed to ensuring that your family remains comfortable and solvent after your death. Whether your life insurance policy is structured as a temporary “term” plan or a permanent “whole” plan, chances are good that you’ve purchased enough coverage to support your family for many years to come. Unfortunately, your premium payments might be acting as a drag on your short-term budget. Depending upon the size of your policy, your life insurance payments could add up to several hundred dollars per month. In order to reduce this burden, you might be thinking about claiming these payments as a tax deduction or business write-off. According to the IRS, private taxpayers and business owners are not permitted to claim their life insurance premiums as a tax deduction. This is due to the fact that life insurance benefits generally aren’t subject to regular taxation. Since the vast majority of life insurance beneficiaries aren’t required to pay taxes on the benefits that they receive, it would be redundant for the IRS to provide policyholders with a tax break. In effect, life insurance policies function like Roth IRA plans: Whereas their premium contributions can’t be subtracted from the policyholder’s taxable income, their benefits accrue on a tax-free basis. There are certain situations in which life insurance benefits may be taxable. For instance, a business that purchases an individual’s life insurance policy for investment purposes might be required to pay taxes on its eventual proceeds. In this special circumstance, the business’s principal might be able to claim the policy’s ongoing premiums as a business expense. If the policy results in a payout, its proceeds would remain taxable at regular capital gains rates. If the policy expires without issuing a payout, the principal might be required to pay back the entire taxable value of the deducted premiums. This is a rare, complicated tax situation. If you find yourself grappling with such a scenario, you should talk to a licensed tax professional to determine your exact tax liability. For private taxpayers, the benefits that accrue on unusually large employer-sponsored group term life insurance plans may also be taxable. If you hold such a policy, you may have to pay taxes on some of the contributions that you make on it. Likewise, the policy’s beneficiary will have to pay taxes on any death benefits that exceed the IRS’s $50,000 payout limit. If your policy pays out a benefit of $150,000, your beneficiary will have a tax liability of $100,000.
Can You Get Braces Free If You Have Health Insurance?	Depending upon the type and quality of your plan, your health insurance policy may cover part or all of the cost of certain medically-necessary procedures and devices. For instance, you might be able to avoid paying $50,000 or more for cardiovascular surgery, tumor removal, gastric bypass surgery, hernia repairs and other invasive medical procedures. Instead, you might only be required to pay the value of your policy's deductible and certain non-core expenses related to the primary procedure. If you're unsure about the specific provisions of your health insurance policy, you should take the time to read through it or contact your provider directly. A customer service representative should be able to walk you through the ins and outs of your plan. Although your health insurance policy is liable to cover the costs associated with many "medically necessary" procedures, it may not offer solid coverage for non-essential procedures. If you wish to undergo a cosmetic surgical procedure like liposuction, hair implantation or breast enhancement, you'll have to pay most or all of the associated costs out of your own pocket. Before agreeing to honor claims, most health insurance companies require their policyholders to provide clear evidence that the desired procedure is absolutely essential. A qualified medical doctor or specialist must certify that this is the case. Unfortunately, most orthodontic procedures are deemed to be cosmetic in nature. If you want to get braces or straighteners and can't prove their necessity, there's a good chance that your health insurance provider will refuse to cover the associated costs. Since such implants typically cost between $3,000 and $10,000, this might put you in a tight financial spot. If you don't want to pay for the full cost of your braces or straighteners out of your own pocket, you may have a couple of options at your disposal. For starters, you could visit multiple orthodontists or medical doctors in an attempt to prove that your desired orthodontic procedure is medically necessary. Depending upon the condition of your mouth and facial bones, this might be a tall order. Alternatively, you could add comprehensive dental coverage to your health insurance plan. While this will raise the overall cost of your policy in the short term, it might save you a significant amount of money in the long run. Most dental insurance plans pay for 30 to 70 percent of the cost of orthodontic work. This could reduce your out-of-pocket costs by $3,000 or more.
Why Is Geico Auto Insurance So Cheap?	Geico Insurance operates in a "gray zone" between full-service auto insurance providers like State Farm and cut-rate providers like The General. The company touts its reputation for providing low-cost auto insurance policies that offer solid coverages. More importantly, it emphasizes that it has the ability to handle complex claims and provide favorable outcomes during disputes over the assignation of faults and payouts. In other words, Geico's advertising campaign is predicated on its ability to offer its policyholders a happy medium between service and value. Upon closer inspection, this arrangement appears to be flawed. While it's true that Geico is often the cheapest national provider, its policies' actual premiums may hinge on a wide range of factors. It's important to remember that there's a distinct difference between quoted auto insurance premiums and ongoing or post-renewal auto insurance premiums. In many cases, insurance companies attract new customers by offering shockingly low rates for the first year of coverage. Once these new policies come up for renewal, they're often reissued at far higher rates. If you've experienced such an unexplained premium increase as a Geico customer, you may have been caught off-guard. In most cases, Geico's pricing department can point to specific causes for such increases. These might include minor accidents, speeding tickets, or "new information" that wasn't caught on a pre-approval background check. While this can be frustrating, the company reserves the right to raise its premiums at any time. Since the auto insurance industry is wildly competitive, its policyholders are free to find other sources of coverage. However, most national auto insurance providers follow Geico's basic template. It's not uncommon for providers to raise their policyholders' rates by 30 to 60 percent at the first indication of risky behavior. Even if you choose to leave Geico after a bad pricing experience, you're liable to run into the same problem with your next provider. This is simply the way in which the American auto insurance industry operates. In fact, you might be better off in Geico's fold. Geico tends to offer many discounts that full-service providers have eschewed. For instance, the company's "safe driver" discount is nearly as robust as State Farm's much-touted bonus. Even better, its "good student" discount is deeper and longer-lasting than most other such discounts. What's more, the company enjoys high customer-satisfaction metrics and operates a well-staffed claims department that's recognized for providing attentive service. By contrast, many discount providers are reticent to pay out on their policyholders' claims.
If Someone Is Driving Your Car and Gets a Ticket, Does It Affect Your Insurance Rates?	What’s the harm in helping out a friend, right? When a family member or friend asks you to borrow $5, a book, or a shirt, you probably toss it at them without blinking an eye. But when they ask some variation of: “My car’s in the shop, can I take yours?” or “Can I borrow your truck to pick up that new piece of furniture?” you may not feel so willing. First off, it’s expensive and can be a hassle to be without your vehicle, but one of the most important aspects that many of us don’t consider is insurance. If you take a look back at your car insurance policy, it likely states that you are not to lend out your vehicle to anyone unless they are listed on the policy as a secondary driver. So, if someone is driving your car and gets a ticket, does it affect your insurance rates? Below, we’ll outline what typically happens to your insurance rates in the event of a speeding or parking ticket, as well as a car accident when you are not the one driving your vehicle. While checking with your insurance provider is the best way to find out when it’s okay to allow someone to borrow your car, there are some general rules to follow when it comes to the permissive use of a vehicle. It is typically okay to lend your car out to the same person occasionally, meaning no more than once a month. If you find yourself allowing your child to drive your vehicle to school each day, or your roommate to drive your car to work frequently, it’s a good idea to simply get them added to your policy. However, if a friend or family member is in fact listed on your policy, they typically are allowed to drive your car whenever you allow them to. And of course, if you lend your vehicle to someone, be sure you trust them and they have their own car insurance and a valid driver’s license in case they are pulled over or are in an accident, which we will discuss more in detail. Before you let anyone drive your vehicle, you should take a moment to review your state’s insurance regulations. If the temporary driver receives a moving violation (typically, a speeding ticket) while driving your vehicle, it’s unlikely that your insurance costs will be affected. Each state motor vehicle bureau keeps a comprehensive database of every driver to whom it issues a license. When a given driver receives a traffic citation, this information is transferred to his or her driving record. In turn, these records are accessed using the information on his or her driver’s license. In other words, there’s no direct connection between: If your vehicle’s temporary driver receives a moving violation, it will add “points” to his or her license. It may also cause the premiums on his or her own insurance policy to rise. However, it won’t materially affect your insurance rates. On the other hand, if the person driving your vehicle receives a parking ticket, it may be a different story. When a parking ticket is recorded, the license plate number is taken down, but the person who parked the car is not part of the equation until they walk out and realize that they have received a ticket. Since the officer who handed out the citation does not know who was driving the vehicle, it is ultimately your responsibility to pay for the ticket. However, there is a way to work around this. If the person that received the parking ticket is willing, you two can sign something called a statutory declaration. This is basically a legal document stating you were not responsible for the ticket, but the person who borrowed the vehicle is. If you have questions about how to proceed with a statutory declaration, contact your insurance provider. Now that you know what happens in the event of a speeding or parking ticket, you may be wondering about car accidents. Depending on your insurance policy, you may be held liable for an accident caused by your vehicle’s temporary driver. When you sign up for an auto insurance policy, you’ll need to provide a list of any additional drivers who might use your vehicle on a regular or occasional basis. If you permit a non-approved driver to use your vehicle, your insurance company may refuse to honor your accident claim. For more information about auto insurance, here’s a look at what happens to your insurance after you get a speeding ticket.
How Long Do You Have to Use Capital Gains from a Property Sale to Invest in Another Property Before Paying Tax?	Although you may not realize it, your home is one of the largest investments that you’ll ever own. Whether it’s worth $100,000 or $500,000, its value exceeds that of all but the most expensive cars. Even if you have an investment portfolio with a value larger than that of your home, it’s probably comprised of dozens of individual tranches of stocks and bonds rather than one or two monolithic holdings. As an investment vehicle, your home is subject to the same taxes as your other investments. The proceeds that you’ll realize from selling your home are technically “capital gains.” Although the tax code changes frequently, you should assume that any capital gains that you earn upon finalizing the sale of your home are taxable according to a simple scale. “Long-term” capital gains are defined as gains realized on an investment held for more than one year. These are currently taxed at a 15 percent marginal rate. “Short-term” capital gains are defined as gains realized after a holding period of less than one year. These are currently taxed at the same rate as regular forms of income. In the coming years, it’s likely that tax rates on long-term capital gains will increase markedly. However, you might not be subject to any capital gains taxes on the sale of your home. According to the Taxpayer Relief Act of 1997, you’re exempt from paying taxes on real estate capital gains of $250,000 or less. If you file your taxes jointly with your spouse, you may be exempt from paying taxes on up to $500,000 of such capital gains income. It’s important to note that the laws governing taxes on home sales change regularly. In fact, a new law that became effective at the outset of the 2013 tax year may subject certain home-sellers to a Medicare surcharge meant to offset the cost of the Affordable Care Act. If you sold your home after January 1, 2013 and earned more than $250,000 on the sale, you’ll probably be subject to a surcharge of 3.8 percent on any capital gains that you earned in excess of the standard $250,000 exemption. You’ll need to check with your tax professional to determine how best to pay this surcharge. If you earned less than $50,000 in other income during the tax year in which you sold your home, you may not need to pay the full amount of this new Medicare tax. If you’re looking to invest in real estate, the market may support your ambitions. After years of free-falling home and land prices, the American housing market appears to be bottoming. As ambitious investors continue to mop up the nation’s foreclosure overhang, the number of distressed properties appears to be shrinking at a slow but steady clip. A reduced foreclosure glut will eventually provide strong price support and may contribute to a resurgence in the value of residential property. Although the commercial property market still looks weak, it may soon follow the harder-hit residential market into recovery. Investing in land or physical homes may be a great way to take advantage of this accelerating secular trend. Then again, real estate investments aren’t risk-free. Before you dive into the treacherous waters of real estate investing, you’ll want to understand the tax implications of your endeavor. Unlike your primary and second residences, your surplus investment properties may be subject to certain federal and state tax levies. Chief among these additional levies will be capital gains taxes. When you sell your primary residence, you’re not required to pay capital gains taxes on the profit that you realize on the property. This long-standing rule is designed to encourage home ownership and facilitate the selling process. The gains that you realize on the sale of your “second” or vacation home are typically exempt from capital gains taxes as well. Under the current tax laws, any additional homes that you own are treated as investments. Even if you live in your third or fourth home for several months out of the year, it will still be subject to the laws that govern investments in stocks, bonds, commodities and other traditional vehicles. As such, you’ll need to pay capital gains taxes on its sale. If you sell your property for a loss, you may be able to deduct a certain amount of the loss from your top-line income figure. This deduction is typically capped at $3,000 per year. If your loss is larger than this amount, you may be able to “carry over” the deduction into future tax years. For instance, you might be able to claim a $9,000 capital loss on three consecutive tax returns. Finally, it’s important to note that you can deduct the value of any improvements that you make to the home from your profit figure. Depending upon the cost of these improvements, this could substantially reduce the amount of capital gains tax that you must pay on the sale of your investment property.
How Far Back in Your Driving Record Do Insurance Companies Look to Determine Your Car Insurance Rate?	Whether you’ve had the same insurance company for years or find yourself in the process of switching providers, you’re probably curious about the insurance industry’s pricing protocols. After all, the methodologies that insurance companies employ to calculate the appropriate cost of the policies that they issue can have real-world impacts. Unfortunately, it’s difficult to determine the exact means by which the cost of a given auto insurance policy is calculated. To avoid tipping off their competitors about pricing strategies or actuarial equations, most providers don’t openly discuss this information. If you call your carrier’s customer service department and start asking pricing-related questions, you’re liable to be given misleading, inaccurate or unhelpful answers. At best, you’ll be offered a “pricing reevaluation” that may not lower your rates to a significant degree. However, one aspect of auto insurance pricing is common knowledge: driving history. In fact, this factor is crucial in determining the annual cost of your policy. Aside from your demographic profile, no single factor is more important to this calculation. If you wish to get a good idea of how much you might be charged by a prospective insurance carrier, you should take a moment to review your recent driving history. Before providing you with a coverage quote, most insurance companies will take the last five years of your driving record into account. They’ll consider traffic citations, vehicular crimes and accident reports. In most cases, you’ll be “penalized” for accidents for which you were deemed to be at fault. You’ll also take a hit for speeding tickets, reckless-driving convictions and other moving violations. Serious vehicular crimes like impaired driving and vehicular manslaughter may raise the cost of your policy by 100 percent or more. Although most insurance companies follow a standard five-year “look-back” period, some providers may adhere to different policies. This is typically the result of variations in local insurance statutes. For instance, Massachusetts allows a “look-back” period of up to 10 years. On the other hand, several states are more lenient. For instance, Washington State and Virginia both require insurance companies to disregard driver-history data that’s older than 36 months. This rewards drivers who quickly change their driving habits for the better. It’s important to note that driver-history statutes are notoriously volatile and subject to change. In addition, they may soon become irrelevant. The increasing prevalence of maneuver-recording devices like Progressive’s SnapShot may enable insurance companies to establish “permanent” files on their policyholders.
If My Water Heater Leaked, Will My Homeowner’s Insurance Cover the Cost of the Damages?	As a homeowner, you’ve probably dealt with your homeowner’s insurance provider on several occasions. Even if you’ve never filed a claim, it’s likely that you’ve interacted with its customer service department or looked to a member of its management team for clarification on a pricing issue. Since many homeowner’s insurance companies raise their rates without warning, it’s possible that these interactions haven’t been particularly pleasant. Many providers’ customer service departments are notorious for providing misleading or unsatisfactory answers to billing-related questions. If your water heater leaks or ruptures and causes a serious spill in your house, you have every right to notify your homeowner’s insurance company. In fact, most home improvement experts advise homeowners to file water-related insurance claims before talking to a cleanup specialist or plumber. Depending upon the policies of your homeowner’s insurance provider, your failure to report such an incident before cleaning up the resultant mess could actually jeopardize your claim. To ensure that you aren’t forced to pay for your home’s repair costs out of your own pocket, call your provider’s claims hotline immediately after discovering the problem. Once you’ve notified your provider of the issue and filed a preliminary claim, you’ll need to find a reasonably-priced cleanup specialist. In a high-pressure situation, it may be difficult to compare quotes in a rational manner. After all, the leak could be getting worse with each passing minute. Unfortunately, you’ll need to resist the urge to: When the cleanup team finally arrives at your home, it’s important that they see the full extent of the problem. It’s also important that you select an affordable, well-reviewed cleanup specialist. If you’re unable to do so, you might quickly come into conflict with your homeowner’s insurance company. After you file your claim and take care of the initial spill, a claims adjuster will visit your home and assess the damage. Based on this assessment, he or she will issue an estimate of the total value of the damage to your home. If you feel that this estimate is too low, you may need to get a second opinion from a qualified appraiser and retain a lawyer to help pursue your case. In the meantime, you’ll need to submit the cleanup team’s bill to your carrier’s claims department. Based on your claims adjuster’s appraisal, your carrier will determine whether this bill is too costly. If it is, this portion of your claim may be denied outright.