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What Can You Sue Someone For

What Can You Sue Someone For

Personal representative refers What Can You Sue Someone Forto an individual appointed to manage a decedent’s estate. This person is often the surviving spouse or family member, but could also be a probate or estate attorney, or professional estate planner.

The personal representative can be appointed within a decedent’s last will and testament or through probate court. Probate is required within the U.S. to settle estates not protected by a trust What Can You Sue Someone For. The Will is used to provide directives for estate settlement and distribution of inheritance property. If there is no Will at the time of death, estates are settled according to state probate law.

Personal Representative and Estate Management Duties

Duties of the probate personal representative will vary depending on estate value, whether or not a legal Will was executed, and how well family members get along. If the estate is small and the decedent executed a Will What Can You Sue Someone For, estate settlement usually occurs within a few months. When estates consist of titled property, business assets, and valuable personal belongings or when no Will exists, probate can extend for several months or years.

The first step of probate estate management is to submit a copy of the last will and testament through the court. If no Will is available, a copy of the death certificate is provided. At this point, a probate case number is assigned.

Some states require personal representatives to be confirmed by a probate judge. When appointed estate administrators reside out of town or when estates are valued over $50,000 they may be required to obtain a surety bond In House Counsel. It is best to consult with a lawyer to ensure estate management duties adhere to state law. Otherwise, personal representatives could place their self at risk for legal prosecution.

After estate administrators have obtained necessary credentials they must establish an estate bank account to record all financial transactions. Probate laws will dictate whether transactions must be approved by the court or not. Some states require personal representatives to have every transaction approved while others allow estate settlement to occur without court intervention.

Personal representatives are responsible for securing all property belonging to the decedent unless property automatically transfers to a surviving spouse. Valuable property such as real estate, motor vehicles, artwork and jewelry must be appraised to determine date-of-death value.

Outstanding debts must be satisfied before inheritance property can be distributed. If the estate does not have adequate funds to pay outstanding debts, the personal representative may be required to sell assets. This is a common occurrence when decedent’s held a mortgage note on real estate.

Once all aspects of estate management are fulfilled, inheritance property is distributed to rightful heirs and beneficiaries. Recipients are required to provide a signed and notarized statement acknowledging receipt of inheritance gifts. After statements are presented to the court the personal representative is relieved of their duties.

Personal representatives act as a guardian for the estate. When designating the estate administrator within a Will, it is best to discuss the position with the person beforehand. Estate administration duties can be time-consuming and emotionally difficult to deal with during the grieving process.

The person chosen to represent the estate should be good with finances and capable of making important decisions under stress. When family strife exists, it may be better to designate a probate attorney as the estate executor.…

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How To Sue A Company For Bad Service

How To Sue A Company For Bad Service

How To Sue A Company For Bad Service is one of the most exciting times of a person’s life. It is very exciting because you are starting something very new and are extremely excited to see the potential of the business. After you decide what you want to do as far as the business then you have some legal hurdles that you need to jump in order to ensure that your Corporation is properly filed with the State and that it provides you all of the protections that a typical corporation should offer.

The first step in starting your business is to file a Incorporation

This document will allow your company to be filed with the State and to be recognized as a How To Sue A Company For Bad Service. However, in order for it to be recognized as a valid Corporation it must be created correctly and filed properly. One of the biggest mistakes that individuals make is that they believe that they can form their own corporation on their own.

How Should You Go About Incorporating Your Business

However, the problem is that they lack the requisite experience and knowledge that will enable them to form a proper corporation. One of the most beneficial aspects of a corporation is that it provides limitation of liability to the owners of the company. In a typical corporation, the individual owners are what we call shareholders. These individuals are typically the people who have either formed the corporation or have bought shares in the corporation. Under most state laws the owners of the business entity will be liable for any debts or obligations of the business should the business not be able to cover such debt or obligation. However, by filing a proper Incorporation the owners of the business can avoid the horrible consequences of personal liability.

Say for example that you own a flower shop

It is a very successful business and throughout the day many individuals visit your shop and purchase flowers. You worked very hard to save up money to not only start the flower shop but also purchase the flowers in order to make the How To Sue A Company For Bad Service. As an example, one of the patrons of your store happens to slip on some water that was spilled from one of the flower pots. This individual falls and severely injures themselves whereby they can’t work for a long period of time.

They may potentially sue your business and recover whatever the courts deem a proper recovery for their How To Win In Court. If your business does not have enough funds to pay the debt for the injury then you as the owner of the business will be personally liable. At this point the question turns to whether the business was a valid corporation at the time of the fall or not.

If it was a valid corporation that was formed by an Attorney then it will have all of the benefits of a corporation including the protection against personal liability. If the business was not formed properly then the individual shop owner may be liable out of his own pockets in order to satisfy the judgment. Irrespective of any insurance payments such payment by the shop owner may have horrible consequences to the business and may even cause the business to shut down.…

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Reasons to Sue Someone

Reasons To Sue Someone

For people who have been unfortunate enough to Reasons To Sue Someone while driving in a car, or being a passenger of course, the need to seek compensation is paramount. Many times people do not realize that they have been hurt until much later when pain and suffering can become quite unbearable. Even if there is no evident damage, it is imperative that an auto accident attorney is consulted just in case the situation gets worse. What an auto accident lawyer does is to notate every aspect of the incident and get expert advice should the damage prove to be debilitating.

The usual routine is that after the crunch has occurred Reasons To Sue Someone, people exchange insurance details and addresses etc and the process of getting the car fixed will begin. However, perhaps the following day, the person starts to feel dizzy or unwell but puts it all down to shock from the incident. However, what they may not be aware of is that the spine has swollen or a disc has started to protrude from the spine with the impact that it received the previous day. This in turn presses on nerves or the blood supply to the brain and the whole process impinges on the health of the victim.

Expert Help Is Needed When Accidental Damage Occurs

Because of the complexities of the spine Reasons To Sue Someone, any jolt or collision will certainly bring about some aches or pains or worse. It is this damage then that is supposed to be compensated because the victim often has to give up work after the incident. It may be too that other aspects of life will change since most people who are in constant pain will certainly find that their character and personality will change too.

Once it is decided that the case will go to court In House Counsel, the expert is needed to sort out what is necessary to make the case successful. He will work out which expert is best to give medical evidence, collate all the paperwork concerning the circumstances which brought the victim to him, and also claim for all the pain and suffering that the victim has had to endure. Loss of earnings too comes into the equation and any loss of work that results from having a career stopped mid stream.

On the other hand, the opposition will try to disprove all the evidence brought before the court. They will even resort to having private detectives following the victim to see if they are engaging in physical activities that they claim they are unable to do. This kind of behavior is called ‘compensation syndrome’ where people who are not really hurt put on some excess behavior to prove that they are damaged more than they actually are.

Experts certainly have their work cut out when it comes to proving and disproving different aspects of cases. However, they are well versed in this system and will know how to proceed to get the best possible deal for their respective clients. Those who try to go to court without the necessary expert will surely find that they lose out in the end.…

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How To Sue A Contractor In Small Claims Court

How To Sue A Contractor In Small Claims Court

It is important to understand How To Sue A Contractor In Small Claims Court. You must to know what the pros and cons are before following through with a bankruptcy filing:

Positive Aspects

1. You get a clean slate. Depending on the type of filing, your existing unsecured debts are forgiven and payment schedules for secured debts like mortgage are created to facilitate making the payments.

2. It stops the harassment. Creditors and collection agencies love to call day and night demanding their money and this can leave you feeling overwhelmed. Once your filing is in place, they can no longer harass you. All communications will go through the court or your attorney.

3. Save your home from foreclosure. Because a How To Sue A Contractor In Small Claims Court is devised to make payments that the bank, the court and you agree to, you don’t have to lose your home, car and other items that are essential to daily living.

4. No more credit cards. All of your credit accounts are closed so the temptation is eliminated. Now you have the opportunity to new learn a new way of life that will benefit you once you are allowed to apply for How To Win In Court again. You learn to budget and save for big purchases instead of charging it.

Negative Aspects

1.Your credit is shot. For 10 years, your bankruptcy will be a red flag on your credit report. It can prevent you from getting a job, buying or renting a home, buying a car, getting insurance and definitely no lines of credit.

2. You lose all of your credit cards. It will take many, many years to rebuild trust with creditors before you will ever get another card. This is not necessarily a bad thing, but in a society that deals with plastic, it can hinder certain purchases. Along with credit cards, you may have other non-essential items repossessed and sold by the court to cover some of your debt.

3. It becomes public knowledge. There is a stigma attached to the word bankruptcy and if you file, a public notice must be placed in the local media for all to see. No matter how you got in this position, people will make their own assumptions.

4. Not all debts are discharged. Your student loans and back taxes are not discharged. If you want to keep your home, you devise a payment plan to keep it.

No matter how you got into this situation How To Sue A Contractor In Small Claims Court, sometimes there seems to be no way out. An experienced legal bankruptcy professional can help you weigh these issues and come up with the best plan for your situation.…

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How To Sue A Company For Negligence

How To Sue A Company For Negligence

Everyone must to know about How To Sue A Company For Negligence in advance. South Carolina is second in the nation for the highest number of deaths each year that are caused by someone who was driving while intoxicated. In an effort to decrease the number of deadly accidents in South Carolina, new DUI laws came into effect in February 2009 that impose harsher sentences for drunk drivers.

New laws impose bigger fines and more jail time for DUI convictions.Depending on your Blood Alcohol Content (BAC) when you are arrested, there is a new set of fines and required jail time.

The following is the guideline:

For Blood Alcohol Content from 0.08-0.09:
First Time Offenders: 2-30 days in jail OR 48 hours of community service, $400 fine
Subsequent Offenders: 5 days to 1 year in jail, $2100-$5100 fine
For Blood Alcohol Content from 0.10-0.15:
First Time Offenders: 3-30 days in jail OR 72 hours of community service, $500 fine
Subsequent Offenders: 30 days to 2 years in jail, $2500-$5500 fine
For Blood Alcohol Content from 0.16 and above:
First Time Offenders: 30-60 days in jail OR 30 days of community service, $1000 fine
Subsequent Offenders: 90 days to 3 years in jail, $3500-$6500 fine

Changes in South Carolina DUI Law Stiffen Penalties For Drunk Drivers

Additional changes to the South Carolina DUI, effective July of 2009 include:
1. Required alcohol and drug rehabilitation for ALL offenders;
2. Underage drinkers will have their license suspended for six months;
3. Additional six month license suspension if you refuse a breath-test.
As you can see, there are severe consequences if you refuse to have How To Sue A Company For Negligence. South Carolina has an implied consent law that requires that you give consent to a blood, breath, or urine test if you are suspected of driving under the influence in South Carolina. No one is exempt from these laws. All drivers are dangerous drivers when they are intoxicated. The South Carolina Department of Public Safety (SCDPS) hopes that these laws will deter motorists from even thinking about mixing drinking and driving.

The SCDPS also launched a media campaign in order to gain support and awareness of the new laws. To spread awareness of the new DUI law, TV commercials, billboards and additional public safety and Sheriff’s Department check points How To Win In Court are abound across the state of South Carolina.

Therefore, if you choose to drive while under the influence of alcohol or drugs, you should be aware that if you are caught How To Sue A Company For Negligence, you may be subject to high fines and long jail time if you are driving with a BAC of.08 or higher, are under 21 and driving with a BAC of.02 or higher, or are a Commercial Vehicle Driver with a BAC of.04 or higher.

In conclusion, even if you have just had a few drinks, it is not worth it to get behind the wheel in South Carolina. A drunk driving accident can have a devastating affect on your life, as well as the lives of others in the path of a drunk driver on the road. Do yourself and others a favor. Please do not drink and drive yourself, and please do your part to educate others about the consequences of driving under the influence in South Carolina.…

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Human Right

How To Sue Someone Who Owes You Money

How To Sue Someone Who Owes You Money

Many people shy away from hiring an attorney for assistance in legal matters for How To Sue Someone Who Owes You Money. This concern has many reasons, but is typically compounded when the legal matter is bankruptcy. All concerns aside, we will explore reasons why you need an attorney to help you with your bankruptcy filing.

5 Reasons You Need A Bankruptcy Attorney for Your Filing

1. What type of bankruptcy declaration is available for your filing
Did you know that consumers have a few completely different options available to them for their bankruptcy filing? These options are typically is Chapter 7 and Chapter 13. These options have a different set of criteria that must be followed. One of these criteria is the means test, which checks to see if Chapter 13 is available to the consumer. Knowing what options you have available can help you make a better, more informed decision with your finances.

2. Protect your assets in a bankruptcy filing
Creditors are in the business to make sure they are paid what they are due. These organizations or individuals typically have very good legal representation that are dedicated How To Sue Someone Who Owes You Money to making sure the companies they represent get every last penny they can inside the law. Do-it-yourself-ers run the risk of losing assets that might have been protected. Bankruptcy attorneys are trained in the laws that protect consumers and can help you keep the your assets that are protected under law when the law is properly applied to your case.

3. Pay less in a settlement
When a debtor is represented by a licensed attorney, Chapter 13 filings can have the creditor paying less in the settlement than if the debtor attempted to How To Sue Someone Who Owes You Money. This is the case simply because a licensed attorney will know the protection his or her client is afforded under law and will push for those protections that the debtor might have otherwise not known were available in their case without legal representation.

4. Bankruptcy settlement plan more likely to be accepted
In a Chapter 13 bankruptcy filing, a repayment plan is submitted to a trustee, whose purpose is to maximize the dollar amount the creditors will receive from the debtor, and to a judge. This repayment plan must be approved by all interested parties before the filing is accepted. Doing this type of filing by yourself, you run the risk of not taking care of all loose ends and having your filing not approved. An attorney will know the laws involved and the exemptions available to make sure your plan is accepted with minimal allowable dollars owed by the debtor.

5. Stop collection calls
One of the most frustrating things when your finances turn sour is collection calls from your creditors. As mentioned earlier, creditors are in the business of getting money that is owed to How To Win In Court. Therefore, most will pursue collection with all the vigor and with all the options available to them to get their money. This type of effort typically involves a collections agency hired to collect delinquent debts.

Collection agencies will call and call and call until they get what is due to them. That said, the moment you file bankruptcy, all collection calls must stop. A licensed bankruptcy attorney can typically get this done for you quicker, and in the right way, than someone filing by themselves so you can get this burden lifted sooner.…

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How To Sue A Company For Discrimination

How To Sue A Company For Discrimination

You must to know about How To Sue A Company For Discrimination. Handling your financial problems without hiring a Bankruptcy attorney or Bankruptcy lawyers is not recommended. Whether it is an individual or a small business that is filing for Chapter 7 liquidation or even if a person is planning to file for Chapter 13, there is always need for assistance to help in doing this the right way. It is necessary get the debt to income ratio analyzed by a professional legal eagle that needs to also evaluate the cost and benefit of liquidation against reorganization of personal or business debts.

Financial Distress

Financial distress is a Corporate Finance term that is used to show that there exists a condition in which accounts payable of a particular company are broken or honored with some degree of difficulty. In some cases, financial distress can lead to insolvency though it is normally associated with certain costs that are called the costs of financial distress.

Dealing With Costs

Typically, these costs are the same as insolvency costs and they also include cost of paying auditors, legal fees and management fees as well as How To Sue A Company For Discrimination. Even if a company does not go into insolvency it may still need to bear costs of financial distress. In fact, this kind of condition will cause a company numerous problems which will result in inefficient management and other losses. All of this then results in conflict between shareholder and bond holder (creditor) interests.

Once a company sees its liquidation value slipping below its debt, it may actually result in forcing the shareholders to invest in riskier projects in order to better the chances of making the firm’s value rise above that of its debt. The problem is that when the stakeholders invest in risky projects it will not be in the best interests of the bond holders because such investments will increase the likelihood of the firm’s value decreasing. Also, a risky project generally does not normally have a positive net present value and costs might also start to rise because of failure to earn enough profits.

Consequences

Another consequence of financial distress is that the How To Sue A Company For Discrimination may choose to go into liquidation. If this happens then the results will again decrease the firm’s value. The right course of action is for the company to undertake corporate restructuring in which valuations can be used as tools for negotiations. Debt restructuring is another process and one that will allow companies, whether private or public, to reduce as well as renegotiate all of its offending debts which will help to improve and even restore the company’s liquidity.

How To Deal With Financial Distress

In case a company finds that it is not able to honor its commitments to creditors, then liquidation and insolvency are certainly options that have to be explored How To Win In Court by both companies as well as by individuals. The best way to handle financial distress is by first getting the facts about the current situation. Next, there is need to communicate effectively and in a non-threatening manner. Be sure to determine how serious the problem is and then follow-up in order to determine whether a helping agency can provide required services. As long as a person is able to get the facts and determine the seriousness of their problem it will not be hard to find solutions to remove financial distress.…