Recent Legal Articles

Do You Need a Bankruptcy Lawyer?

There are a lot of do-it-yourself bankruptcy blogs today that give people everything they allegedly need to know about filing bankruptcy without a lawyer.  They certainly provide links to downloadable documents and eBooks which can help someone to prepare, but what they don’t always do sufficiently is to remind petitioners of the dangers of filling out the forms incorrectly before presenting them to the court.  Do you need a South Jersey bankruptcy lawyer?  Yes, unfortunately you do.

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Don’t Be Deterred By What You Think It Will Cost To Hire An Attorney
If you are stuck in debt, about to lose your home or car—bankruptcy can be the answer.  There are a lot of advantages to bankruptcy, and legal fees should not the factor that prevents you from having that fresh start and lingering in your circumstances.   A Chapter 7 or Chapter 13 can certainly help to not only rid you of debt, but also depending on the route keep you in your home and vehicle.  For example, a Chapter 13 (debt consolidation bankruptcy) will consolidate the debt burden and adjust it in a way that allows you to reboot your finances and get your life back on track.  It stops creditors from calling or garnishments of your wages, and removes stress from your life.  With a Chapter 13 the legal fees can even be rolled up into debt as your lawyer becomes a creditor and is paid by the trust.

Many Ways To Pay For A Bankruptcy
Many South Jersey lawyers will also have payment plans for bankruptcy cases and if the bankruptcy is something as easy as a Chapter 7, it will also be cheaper and more affordable.  Some individuals have chosen to pay for their bankruptcy lawyer with their tax refund, while others have used yard sales and other creative events to pay the attorney’s fees.  In general, however, a Chapter 7 is straight forward enough to not accrue high costs and most lawyers will have a fairly low flat fee to finish the case.

Bankruptcy gives people a fresh start and enables individuals and families to get out from under the burden of debt so that they can get their life back together.  Credit scores immediately get higher because the debt is erased.  There are even people who have been able to buy a home with court approval during a Chapter 13.  Your life doesn’t end because you filed for bankruptcy.  In fact, it is a new beginning.

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Social Security Disability and Consultative Examination

Sometimes a Disability Determination Services (DDS) examiner who is handling a case will request a consultative exam (CE) as part of the social security disability benefits process.  A CE is a medical exam, and if there is a request for one, an applicant can expect to receive a letter with this request.

There are many different reasons why a DDS examiner may request a CE, but they can include: missing documentation from medical records, missing medical reports or tests, or if your doctor has not seen you in a prolonged period of time.

The CE process allows the DDS examiner the ability to obtain more information on a particular applicant to help support a determination.  It helps identify the limitations and more details regarding an individual’s condition.

When a CE is performed, it is not performed by your personal doctor, but by a doctor contracted by the Social Security Administration.  The contracted doctor will receive requests for the specific examinations or tests that are needed from the DDS examiner.

The doctor will then perform the tests and gather the information requested for the DDS examiner but not prescribe any treatments or medications.  If you are given a CE, make sure you attend.

Not attending a CE can give a DDS examiner a reason to dismiss a claim, so attending is important.  If there is no way to attend the exam, then notify your DDS examiner or the CE physician as soon as you know. Reschedule for a time that will work around any schedule issues or life events that obstructed the original appointment.

Jorgensen Law a Social Security disability attorney in San Diego has the knowledge of the rules that regulate Social Security Disability and SSI. Many valid claims are denied because the evidence is presented in an unorganized manner without consideration to the methodology that Social Security uses to understand and approve claims.

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Understanding the Law: Mechanics Lien

Overview
Mechanic’s lien generally seeks to protect the interests of parties who contribute to the improvement of property against unfair enrichment of property owners. The law also safeguards interests of suppliers as well as workers who provide services which lead to the improvement of property.

Mechanic’ lien law is generally technical and complex.
Any party that supplies services and/or materials to improve personal or real property that belong to another party ought to learn the fundamental rights provided by the law.

Privity of contract
Privity of contract usually exists between contractual parties. In this case, even though privity of contract may not directly exist between the property owner and a supplier of services/ goods, a supplier has the liberty of imposing a mechanic’s lien on the proprietor whose personal or real property has been improved as a direct result of the supplied services/ goods.

Who can assert the lien?
Parties who can assert mechanic’s lien against the owner of property include (but are not limited to) the following: contractors, surveyors, subcontractors, engineers, suppliers of materials, architects, equipment renters as well as workers.

Amount
Generally, a claimant who wishes to enforce lien is legally entitled to the contract price or reasonable value of materials and/or services that have been supplied to that project. In most legal jurisdictions, the amount of mechanic’s lien depends on the amount that has already been offset by the owner, among other factors.

Notice of lien
Ideally, a supplier of materials ought to provide the property owner with notice shortly after, or just before supplying materials for the first time. If the supplier fails to do this for one reason or another, the claim may be rendered voidable/ unenforceable.

Priority of lien
Are you aware that in most states, mechanic’s lien claim relates back to the day when construction on the property first began? In other jurisdictions, it goes back to the day when the supplier first delivered materials or labor to the project site.

Are you also aware that a mechanic’s lien ranks above other liens such as construction loans? However, in other jurisdictions, it merely provides rights that are subordinate and subject to already existent liens.

Notice of commencement
This is an important document that the property owner records/ files to give official notice about commencement of the project. It can also be filed by the general contractor.

Preliminary notice
Mechanics lien can only be enforced if the claimant officially provided notice to the property owner as well as other concerned parties about commencement of work.

It should give a declaration that a lien claim will be filed if the claimant fails to receive all the payments due.

For more information about mechanics lien, visit www.mechanicslien.com

 

 

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How To Choose a Family Law Lawyer

Whether you get into legal troubles or not, almost everyone will need a family lawyer at some point. Estates, wills, and powers of attorney are all matters that require legal advice and expertise to ensure that they are executed correctly. The extent to which family law extends can be wide, and you may find yourself needing it throughout your life at various times.

No matter the reason you need a family lawyer, there are some things to consider when choosing a family lawyer to represent you.

List What You’ll Need
The first thing you’ll want to do before looking at lawyers is to make a list of the requirements you will need them to meet, both present and future. While you want to place focus on areas you know you’ll need, especially immediately, you will also want to think about things you will need in the future, and how helpful and resourceful they will be in those situations as well.

The more you know about your expectations going in, the easier it will be to pick a family lawyer or practice that will cater to your needs and has experience in these areas of law.

Consider Recommendations from Friends or Family
An ideal way to find the right lawyer for you and your needs is by asking people close to you that you trust who they would recommend. This way, you should be referred to prominent lawyers that will offer a high level of performance, service, and reliability. This can be the best way to get a trustworthy lawyer that will help you and stick with you.

By asking about the service they received, you can get an idea of the treatment that you’ll get from them and how important your case will be to them.

Shop Around
A good lawyer is not going to be the first one that pops up when you search in Google. Just like anything you are looking for, you will want to research about them and get information about which is best. Choosing a lawyer is no different. You’ll want to browse around and look at what different lawyers and firms have to offer (especially regarding their areas of practice). For example, if you’re looking for a law firm that specializes in criminal law in Alberta, one option is Liberty Law.

Get a Free Consultation
Any family lawyer worth their salt will give you a free consultation and prove to you what they can do for you and why they are a great fit for you. They’ll make you feel comfortable and prove their experience and expertise in the areas that you require.

While meeting with them, make sure that they show an interest in your case and its outcome, as well as show you ways that they think they can achieve success and help you in the areas you need. They should be able to show you how their skills work specifically for your needs. In the end, all of this should prove their fit and make you feel like you’re in good hands.

If you’re unsure if the law office you’re interested in does free consultations, simply call to find out. The way they deal with you on the phone can be a good indication of whether a paid consultation would be worth it.

Following these four simple steps could go a long way towards giving you the best results in the long run. By taking the time out to research and compare lawyers, you’ll make sure you get the best representative for your needs!

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Do You Really Need to Lawyer Up?

Trauma is one of the worst things that can befall a family or an individual. As soon as something traumatic happens to a member of your family, your world falls apart. All your priorities change nearly instantaneously. When something like an injury occurs to someone you love or to yourself, seeking treatment and therapy is the first thing on your list.

The problem is that this is easier said than done. Every now and then when you are struggling to deal with trauma that has impacted your life negatively, you might find yourself wondering whether it might be a good idea to hire a lawyer and see justice done.

See Justice Done, No Matter What

If the changes in your life have been brought about by the malicious intent or the negligence of someone else, and these changes are now draining your assets, strength, and mental wellbeing, whoever caused it needs to be held responsible for their actions.

Politeness flies out of the window when justice enters the room. You have to stand up for your rights as an individual. This is the only way to get the closure you need to move on from the incident. Additionally, you get the financial support you need to receive treatment for your injuries.

Don’t Make Excuses to Stay Out of Court

The problem with many people who refuse to look for a lawyer to represent them is that they don’t want to go to the trouble of appearing in court and dragging a suit on for days at a time. Excuses. If you hire the right lawyer, your troubles will be gone in the blink of an eye, and you won’t even lose any money while doing it.

Always pick the right lawyer for your case, though. For example, there are specializations in personal injury law such as spinal cord injury law, where the practitioners have far more experience in dealing with individual cases.

The Advantages of Working With a Law Firm

Some of thebenefits of hiring a law firm to help with your personal injury case include:

  • Expertise in settlement negotiation and trial proceedings: representing yourself in court if you aren’t an experienced lawyer is a rather foolish thing to do. You won’t know any of the legal terms used, and you will probably be decimated by opposing counsel.
  • Settlement experience with insurance companies: remember that amazing check you got from the insurance company after the accident? Well, the fact is that amount wasn’t even close to what you should be getting. Lawyers with experience in this field can negotiate better settlements with insurance companies.
  • Resources: a law firm has a huge array of resources and personnel employed to work on your case. The lawyers are some of the best in the business and can build you a foolproof case that will definitely show that you are in the right.

Remember that most companies and individuals don’t want to be dragged into court either. Hiring a lawyer usually means you can look forward to a settlement offer somewhere down the line. Always work with the professionals to get your personal injuries tended to properly.

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