Phillips & Mitchell

Small Business Debt Collection Laws

Filed under: Law & Legal Issues,News — Tags: — andy

By Steve Austin

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

Small Business Debt Collection Laws Forbidden Practices…

-Collect any amount beyond the actual debt, unless you really can do so legally.
-Continue collections on a debt if the debtor has disputed the debt, unless you provide the debtor with written proof.
-Continue contacting the debtor if within 30 days of first contact, the debtor disputes the debt.
-Credit a payment the debtor has made to a non-disputed debt to a debt the debtor has disputed.
-Deposit a post-dated check before the post-date.

(more…)

Funds Tied to Madoff in Legal Vise

Filed under: Law & Legal Issues,News — Tags: , — andy

By DIANA B. HENRIQUES

Published: April 1, 2009

As Bernard L. Madoff waits in jail to be sentenced, legal problems are accumulating for some of the hedge fund managers who helped him raise billions of dollars from around the world for what he now admits was a vast Ponzi scheme.

Massachusetts regulators have sued the Fairfield Greenwich Group, one of the earliest of these so-called feeder fund managers, for fraud, saying it had repeatedly misled investors about how diligently it checked out Mr. Madoff’s operations over the years.

“Fairfield’s complete disregard of its fiduciary duties to its investors and its flagrant and recurring misrepresentations to its investors rises to the level of fraud,” said lawyers for William F. Galvin, secretary of state for Massachusetts and its top securities regulator, in an administrative complaint filed Wednesday.

[Read full story: http://www.nytimes.com/2009/04/02/business/02madoff.html?ref=global-home]

Bankruptcy 101

Filed under: Law & Legal Issues — Tags: — andy
Bankruptcy 101
by: Mansi gupta
‘Bankruptcy’ the term that can raise the goose bumps of almost every individual who hears it and even a nervous breakdown to those who confront it. Bankruptcy stands for the situation when a person runs into huge debts and there is hardly any money left with him to repay those debts. The clouds of bankrupt situation can hover over anybody’s life be it a successful business man who has never ever fathomed it or any greenhorn entrepreneur who had thought of going a long way ahead.There are several reasons behind this insolvency-

Indebtedness-people usually take big loans from the banks and private companies in order to run successfully their business or company. However, since the economy is constantly fluctuating, one might not be able to incur expected results or profits. So, the loan debt with interest rates gets piling on. The loan can also be taken to pay off a bill that you missed paying. The loan is taken instantly in this case without an assessment of the interest rates. This can be cause snags later.

The credit card bills are also a source of trouble. They are charged with good interest and at the end of the month when the expenditure has chewed your month’s income; the credit card bill can make you bite the dust.

In the world today where fraud and betrayals are considered to be the bets virtues, any partner or shareholder or director might connive to pitch the company or business to bankruptcy. Here the reasons can be mutual squabbles and vengeance.

Gradual denouncement from the market- the commodity you sell today at price X, may be sold tomorrow by some other company at a much cheaper price Y. This can oust or eject your product from the market replacing it with a relatively cheaper one.

However, where there is a will, there is definitely a way. Just as there are two sides of a coin, there are two aspects attached to everything. When you glare at the negative side of the situation, its positive aspect is lurking behind according to which bankruptcy can be seen a situation that provides you a golden chance to start things afresh.

This is done by filing your application for bankruptcy, in a way seeking help from the government to help you overcome the disaster. Once you forward your application and it is accepted, the government repays most of your debts. This becomes possible by taking hold of your assets and dividing them amongst the creditors in an organized manner. But the debts that are associated with embezzlement or those huge ones that cannot be covered up via one’s assets can be problematic. In case of businesses filing for bankruptcy, certain procedure has to be followed up.

Besides this there are a few debt consolidation services that advertise themselves through television, print media etc. Debt consolidation signifies using a loan provided by that service to repay other debts. This loan is comparatively at a lower rate of interest and it often becomes easier for many to repay one loan instead of five to six ones.

In any case, if you are seeking financial aid from the government, banks, services etc., there stands the barrier of qualification. It is that you should be able to prove the service or the bank that your case is authentic and not a fraud. In order to escape future troubles, the government has formulated strict laws and eligibility criterion in this area.

However, in any case it is better to seek the advice of an advisor before seeking help to make up your crisis. This will not just educate you about all the related terms and conditions but also the possible legal and financial consequences. Just keep in mind that help always comes to those who are look for it with a true heart.

About the author:
Mansi gupta writes about bankruptcy Learn more at http://www.bankruptnomore.com

New York Construction Accident Lawyers Represent Hundreds of Injured Workers

Filed under: Law & Legal Issues — Tags: , — andy

Author: Paul Justice

Accidents can occur at any time or place no matter how hard someone tries to prevent it. However if proper sanctions are not put in place, people tend to over look aspects of safety, which ends up causing harm to others. Construction accidents are common due to the pure riskiness of the job. There are many things a manager of a construction site can do to reduce these risks including having the proper amount of workers on site, quality equipment, and complying to all safety standards that are imposed to the industry. New York Construction accident lawyers see these risks not being tended to on a daily basis due to the amount of victims coming into their office. It is no wonder why not many want to venture into the construction world because the risks can often outweigh the benefits. When working on a construction site it is imperative for all to be knowledgeable in the proper practices that ensure a safe site. Construction workers are getting hurt because either they are not being provided with the proper tools to ensure their safety. Or others on site are making poor decisions that can severely affect the health of a fellow worker.

New York Construction accidents lawyers are representing hundreds of cases where construction workers were severely hurt on the job due to inconsistencies. An example of this is at the WTC construction site. Thousands of people worked on the WTC site after the attacks on 9/11. Unfortunately they were subjected to toxins in the air causing respiratory complications and other health problems. The city set aside a WTC Captive Fund, however many workers have not seen a dime from the fund. People are speculating as to where the money went and if these workers are ever going to receive the medical treatment they need and or be reimbursed for medical bills that are piling up as the days go on. New York Construction accident lawyers are doing everything they can to free up this fund so that the workers can return to work. In this unfortunate situation, a worksite caused harm to workers just by breathing in the air. It is up to the construction companies to come forward about situations like these and take responsibility for their actions.

In order to prevent instances like the WTC toxin event to occur, construction companies must be aware at all times what is really going on at the construction site. It is also up to the construction workers to come forward with any injuries that they may have incurred at the worksite. Some construction workers even try to hide their injuries for fear that they will lose their job. It is imperative that all instances of injury be reported to the manager in which they can seek immediate treatment. It is also imperative that if you were injured on the job to contact a New York construction accident lawyer. For they have the ability to help you to gain compensation that you injury might have caused you to loose.

Article Source: http://www.articlesbase.com/health-and-safety-articles/new-york-construction-accident-lawyers-represent-hundreds-of-injured-workers-557750.html

About the Author:

Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as construction accidents and medical malpractice.To know more about the services of Bronx construction accident lawyers, Manhattan construction accident lawyers and New York construction accident lawyers visit www.nbrconstructionlawyer.com

Medical Malpractice & the 2008 Presidential Election

Filed under: Law & Legal Issues,Politics — Tags: — andy

Author: Paul Justice

With the 2008 Presidential election right around the corner, it is obviously the hot topic to surround the water cooler, PTA meetings, school campuses, and boardrooms around the nation. This presidential election is shaking ground having both a female & and an African American running for both Vice President and President alike. Besides who is running, the issues that underline the race are the topics that are going to be causing the most talk. Issues such as the war in Iraq, foreign policy, energy, and medical care are all subject to getting crucial response from both candidates. However, with the recent economic crisis happening on our economy, it is no wonder why much of the debate has been about this topic. Each side of the candidacy has a different proposal that might encourage voters to take a different approach in deciding who they are ultimately going to vote for. With all of these new factors in the race as well as the pressures that come along with getting closer to the actual vote, some issues tend to be overlooked.

In the recent debates the talk about health care has been generally touched over, but nothing to extensive. People are being left wondering what actual change is there going to be in the health care programs if one candidate is elected over another. A major issue that has been affecting the medical industry is medical malpractice. At the end of the summer, medical malpractice insurance rates were frozen so that the Gov. could properly address the situation. Unfortunately in that time we have experienced the economic crisis, which is going to severely affect the attention of medical malpractice. What people want to know from both Obama & McCain is what they are going to do about the medical malpractice freeze as well as the effects are going to be when the decision must be made in June. Most likely the unfreezing of medical malpractice insurance could significantly increase most peoples basic insurance premiums. This is a very serious topic because it affects the lives of so many people in such a small amount of time.

Medical malpractice is a very serious issue that has millions affected every year. If our candidates paid more quality attention to this topic I think it would generally affect the election tremendously. For our two candidates approach medical care in a very different way because their proposals are directly stemming from other sectors of their campaigns. In order to shed light on the issues regarding medical malpractice, we the voters need to place importance of our concern on the topic. In doing this, as a whole we will be able to elect the candidate who knows what they are going to do when instances of medical malpractice arise. If you or a loved one has been directly affected by medical malpractice, contact a lawyer immediately. They will be able to stand up for you in a court of law and stand up for your rights.

Article Source: http://www.articlesbase.com/health-and-safety-articles/medical-malpractice-the-2008-presidential-election-615065.html

About the Author:

Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as medical malpractice, automobile accidents. To know more about medical malpractice NY, malpractice lawyer and medical malpractice Pennsylvania visit www.nbrlawfirm.com

Finding the Best Personal Injury Lawyers

Filed under: Law & Legal Issues — Tags: — andy
by: Mart Gil Abareta

If you’ve been injured in an accident, then you may be able to recover compensation. Remember that you must take legal advice from a quality personal injury lawyer as soon as possible after your accident to ensure that you receive the compensation you deserve. Get legal help for your injuries by finding an injury lawyer that has experience in your claim area and is confident they can help you.

If you consider asking a personal injury lawyer for legal assistance, you must not be discouraged by the sudden mesh of advertisements of various law firms and independent personal injury lawyers everywhere. For your information, there is an easier way to find the best legal counsel for your personal injury case – learn how to find a lawyer through an online directory. By this, you’ll be able to save time, money and effort, and you’ll not be searching through databases of reliable, experienced and previously-screened attorneys in your geographic region.

In searching a personal injury attorney, you won’t even have to pay him unless you win a settlement for your case. Upon using a good online lawyer directory, you’ll be able to know the particulars on your legal fees, your location will then be considered, and will then weigh highly in your list of responses. What’s truly important, however, is the history of your potential attorney in handling your type of case. Since the law can be complex and complicated, you must be sure that you’ll retain the best-trained personal injury lawyer possible.

In addition, you don’t only need a personal injury lawyer who excels in personal injury law. You also need someone who completely understands the jurisdiction of your region. Also, you must ask yourself this question before hiring a personal injury lawyer – Are you comfortable with that lawyer and are you confident in his abilities? If the answer is anything other than a resounding “yes,” you must keep looking. Your case is too important to entrust to someone who does not inspire your confidence.

When you start looking for personal injury lawyers in your area, don’t randomly pick names from advertisements that stretch the truth. Take advantage of matching services and ensure that your needs are going to be met. When you find the best possible resource for personal injury lawyers, you will have a greater chance of turning a bad situation into one that you can cope with. Take just a little time and try using one of these services. You’ll never know, you may not have to go any further to find the most competent counsel for your legal needs!

About the author:
Looking for tips and suggestions about legal matters, visit http://www.personalinjurylawyersinc.com

When You Need a Personal Injury Attorney…

Filed under: Law & Legal Issues — Tags: — andy
by: Peter Peckham

We’ve all seen the ads for a personal injury attorney on television, on billboards and in newspapers, but when should we consider consulting personal injury lawyers? A personal injury claim can be made when a person suffers an injury through the negligence of another person. Negligence is when a person’s actions are deemed to place another person in unreasonable risk. If this negligence leads to an accident then there is a case for a personal injury lawsuit.

Types of Personal Injury.

Personal injuries can be almost anything that leads to an injury. Whether this is a car accident caused by another driver, or whether you slip and fall while shopping or even at work these are all probably causes for personal injury claims. Tripping over badly laid paving slabs may lead to a successful personal injury claim. Dog bites, asbestos illnesses, a crash while on public transport or any accident that leads to bodily injury may mean you are entitled to claim. A personal injury attorney will be able to advise you whether you have a case or not.

The extent of your claim usually depends on the seriousness of your injury. You are entitled to claim for loss of earnings as well as compensation for bodily injuries and emotional distress. In some cases, for instance asbestos illnesses, your family is entitled to claim on your behalf.

What to do next.

If you have been involved in an accident, the first thing you should do is contact a personal injury attorney; they will be able to advise you whether you have a right to a personal injury claim or not. These consultations are usually free and quite often a personal injury attorney will not take any money unless they win the claim.

The pain and suffering caused by many accidents can be long lasting and not only physical but emotional and mental as well. It can take months or even years to recover from the anguish caused by some injuries.

Families and friends can be affected as well, the mental anguish for them being almost as traumatic as it is for you. You may need short- or even long-term care. Not all injuries are short-term. Many people who worked with materials that contain asbestos in the 20th century have developed lung cancer or mesothelioma. These are both very serious illnesses that can have adverse affects throughout life and possibly lead to death.

About the author:
Peter Peckham is a freelance author from Wilson, North Carolina. For examples of other articles, see www.a1-personal-injury-attorney.net

What is the true definition of a Personal Injury?

Filed under: Law & Legal Issues — Tags: — andy
by: Matt Clarkson

Personal injury cases are brought about by physical injury or mental anguish caused by actions or negligence of another party.
Personal Injury cases can include Auto Accidents, Defamation of Character, Product Defects and Medical Malpractice to name just a few. In order to be sure if your personal injury case has validity in the eyes of the law, contact a legal professional in your state.
If you suffer accidental personal injury or damages through the fault of another, that person or business is legally responsible (liable) and can be required to pay compensation. To determine responsibility, the court looks for negligence–carelessness by one of the parties involved. Whoever is determined to have been less careful (i.e. more negligent), is legally responsible for at least part of the damages incurred.
Compensation is generally awarded based on the strength of your documentation and degree of injury. A legal professional is recommended in Personal Injury cases over all others in order to maximize your compensation in the face of the Insurance companies, which normally defend such cases.
Personal injury cases are serious matters. They often involve grave injury, permanent disability, and even death. Victims depend on the personal injury lawyer to recover financial damages that are required to cover their medical treatments, replace permanently lost income, and compensate for their pain and suffering.
Without a qualified, experienced personal injury lawyer, their chances of receiving fair compensation plummet. That’s why it’s really important that, if you’ve been a victim of personal injury, you choose the right personal injury lawyer to represent you. Here are a few things to consider when making your selection:

Choose an attorney who specializes in personal injury
Your personal injury lawyer should be able to accurately assess the merits of a personal injury case, approximate its monetary value, and determine the best strategy for pursuing it. He or she should also have extensive experience in the field. Your personal injury lawyer should also who keep current with the latest developments in personal injury law.
Choose a personal injury lawyer experienced in dealing with insurance companies
Insurance company lawyers represent most personal injury case defendants. These corporate lawyers seek to pay out the least amount possible, so an inexperienced personal injury lawyer may be at a disadvantage in these negotiations. Therefore, choosing a personal injury lawyer with a proven track record of successful negotiations is essential.

Choose a personal injury lawyer with trial experience
Although most personal injury claims are settled out of court, personally injury lawyers sometimes obtain favorable settlements by threatening to take cases to trial. The defendants are often willing to pay out more money to the plaintiffs to avoid expensive trials, negative publicity, and the chance that a court would award the plaintiffs more money. In this case, experience is key: if your personal injury lawyer has never won cases in court, the defendant in your lawsuit may not take the threat of going to trial seriously.

About the author:
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