Law

What You Can and Can’t Do when Collecting Debt

Law

Debt Collection in WellingtonAnyone who has ever done a transaction will know that they will run into debt one way or another. You will need to provide credit for long-term customers, when selling something that requires a credit card or if you are a property owner waiting for your tenant to pay rent.

Eventually, there will be late payments or bad debt, and you will have to recover your debt. Debt collection in Wellington requires legal assistance to make sure that you are following all of the necessary requirements when collecting debt.

It is important that you have a good understanding of the process so that you can avoid costly fines, legal disputes and other issues.

Do: Have a Clear Terms of Trade

As with all transactions, you should have a legal contract ready or a Terms of Trade. Along with all of the regular information required, you will have to include information on what will happen in the event that a payment is missed.

This may include repossession of purchased goods, late payment fees and the like. You have to make sure that the debtor fully understands the consequences of not paying in a timely manner.

Don’t: Forego Drafting a Contract

Whether it is a small transaction or a big one, always draft a contract so your debtor understands how important it is to pay their debts. Never forego drafting a contract, as this will pose problems should the debt be disputed. Hire a lawyer who can draft you a proper Terms of Trade contract that holds up in court.

Do: Follow the Credit Act

As a debtor, you need to have a good understanding of the Credit Act of New Zealand. It gives you a full overview of consumer rights and your rights as a creditor. You want to fully understand what is owed to you and what you are allowed to demand from the person who owes you.

Don’t: Harass the Debtor

You should never harass the debtor in any way. You cannot coerce them or send threatening messages or calls. You are only legally allowed to repossess items that are stated in the contract; otherwise, it would be an illegal act.

Debt collection is not entirely pleasant, but the truth is that unpaid debt is bad for both parties involved.

Unpaid Emergency Leave? Here’s Why You Should Speak Up

Law

Sick Leave in AitkenvaleInjuries are inevitable. Despite the government’s active participation in road safety and fatality preventions, freak accidents occur on roads more often than we would like.

According to a report from the Department of Infrastructure and Regional Development (DIRD), there was a total of 103 road deaths in November 2016 alone. The number of road deaths throughout the year accumulated to 1,280 accidents, which is 7.1% more than 2015.

The next road accident could involve anyone we know, even ourselves.

Legal Assistance

The disruption an accident causes in our daily lives can be devastating, especially if we have responsibilities that include bills and day-to-day jobs. Attorney Kevin Wong, however, reminds us of our entitlement to ‘gratuitous assistance claims’ from employers to provide us with the expenses and services we may need after an accident.

An injured person, or the plaintiff, ‘must have an experienced lawyer who has knowledge in care and assistance claims to ensure the victim received every last cent they are entitled to at settlement’, writes Wong, a personal injury lawyer himself, in Lawyers Weekly. ‘Legislation and common law dictate that an injured person can receive compensation for paid and unpaid services.’

Quantifying Compensatory Damages

‘Most personal injury damages are classified as “compensatory”’, says David Goguen, J.D. 'They are intended to compensate the injured plaintiff for what was lost due to the accident or injury.’

The goal of the personal injury claim is to nurse the injured person back to health until they may return to living their normal lives before the accident took place. Compensatory damages for medical treatment and income issues are the easiest to quantify because of their monetary value.

What is more difficult is gauging a victim’s personal experiences of pain and suffering, emotional distress and loss of enjoyment or consortium. Lawyers do case studies and coordinate with the people involved in order to assess and file a compensatory claim to the victim’s employer.

Rapid Legal Solutions, a firm handling personal law cases, says you may file a claim for medical expenses, rehabilitation expenses, loss of income, and past and future pharmaceutical expenses, among other costs.

It may be nerve-wracking to confront your employer regarding your case. But no matter the cost of damages, demanding for compensation for your personal injury is your right.

Money Matters: Do Finances Ultimately Decide Who Gets Child Custody?

Law

Child Support AttorneyOne of the biggest struggles during divorce is deciding who gets custody of the child or children. Some parents may feel anxious that they’ll lose custody over their children because they’re the lower income parent.

There’s no reason to panic, however. Though money matters may be a factor to consider in a child custody battle, courts believe that no amount of money can substitute quality parental care. In deciding child custody cases, they always take the child’s best interests into consideration.

It’s about Financial Stability

Judges usually consider the best interests of the child when deciding custody. This includes the child’s wishes, parent-child relationships, and finances. This doesn’t necessarily mean, however, that the richer parent has an advantage over the parent who earns less. The court looks into financial stability as a more reliable basis for providing custody.

For example, a parent with financial issues, such as gambling or loan debt, may not gain custody even if they do earn more. Parents with a stable income and who have demonstrated their financial responsibility in the past have a higher chance of getting custody.

When Income and Responsibility Clash

Apart from seeing to the basic needs of the children, a parent should be able to provide a stable routine for them. So, judges will examine a parents’ work schedule and their availability in the household. For example, children with medical and educational needs require regular support from their parents to cater to their needs on a day-to-day basis.

Willingness of Parents to Compromise

Judges are intent on providing solutions that serve the best interests of the child. Parents who cooperate and share the court’s view will most likely have an edge during the custody dispute. In contrast, parents who display antagonistic behavior or bad-mouth their partners are not endearing themselves to the judge.

The settlement of a divorce comes with the responsibility of providing child support, which also entails some form of compromise between parents. While child support is not something every parent wants to pay, there could be some legal consequences if a parent refuses to do so. Spouses with uncooperative partners may consult a child support attorney if such a case happens.

More money does not necessarily make a better parent. It also isn’t the ultimate determinant to how a custody battle will be resolved. While material things are important, there is still no substitute for a parent that can provide for the emotional and financial needs of their child.

When Staying is No Longer an Option: Advice on Divorce

Law

Advice on Divorce in AlbuquerquePerhaps every couple that has had to face the possibility of divorce has tried even for a little time to save their marriage. If not the couple, at least one of them would put some effort into finding a different resolution to their problems that does not involve them going their separate ways.

Why It’s Hard to Say Goodbye

It is natural for people to want to save their marriage, especially if neither spouse has been abusive. After all, there may have been a time when they were happy just to be together. The situation also becomes more complicated when children are involved. “Don’t stay married just for the sake of your children,” your friends would say, but human beings have a natural tendency to do everything possible to protect their children.

When Divorce is the Only Solution

There are marital crisis situations, however, that can no longer be rectified by anything other than divorce. For example, if your spouse is abusive it may be exceedingly difficult to stay married. Not only is it difficult; it is also dangerous for you and the children.

Drug abuse is another reason you should leave your spouse. Your health and safety, and those of your children, are exposed to risks that may get worse every day if your spouse uses drugs. In many situations, drug and alcohol abusers are also more likely to physically hurt their spouse and/or children. During moments of clarity and sobriety, your spouse may genuinely regret their actions and promise you better days. Drug or alcohol abuse, however, is a disease and it cannot be cured overnight.

Get Help

Whatever the reason for wanting or having to leave your spouse, know that you can get help and should not hesitate to ask for it. Family and friends might be willing to help if you open up. There are also government and non-government centers that offer assistance to abused spouses and children. In many cases, a good attorney is your best ally. Here in Albuquerque, you can get a notable lawyer specializing in child laws if you want what’s best for your children even under the circumstances.

Divorce is often ugly. But even when it is, you should not forget that this is your chance to find better days ahead for you and your children. Those better days may not be possible if you try to stick it out.

Need a Career Turnaround? Consider Online Paralegal Course

Law

Online Paralegal CoursesAnyone looking for employment in a legal firm or national legal services must have a paralegal certification. Although, not a full attorney, paralegals play a big role ino the legal system of any nation. But, if you have certain constraints in following the traditional method of education, then you can choose any one of the best online paralegal programs

When you enrol in an online paralegal course, you can be assured that you will be provided a holistic knowledge of the legal system of the country and and you will learn how you can properly execute your duties as a paralegal.

The Things You Can Enjoy 

Some of the benefits of enrolling in an online paralegal course as follows:

  • No time constraint: As the courses will be held online, you can choose to attend classes, take examination or submit papers at your own pace. You can make your own schedule as an online course does not have a pre-defined one.
  • Travelling constraint: Enrolling in a classroom course means you have to travel in order to attend the classes. However, if you have enrolled in an online paralegal course, you can attend the virtual classes, discuss with your teachers and even take the examinations from the comfort of your home.
  • Cost effective: Since, you will not have to travel in order to attend classes; you can save on your traveling expenses. Thus, enrolling in an online course will prove to be inexpensive as well.
  • Choice of apprenticeship: A paralegal course is not completed unless you complete an apprenticeship. In a traditional classroom set up, you have no say in the selection process. But if you have enrolled in an online course, you can choose the firm or person whose apprentice you wish to be.

So enrolling in an online paralegal course will not only propagate your career, but promote your contention as a professional paralegal as well.

Avoids These 2 Costly Mistakes When Going Through a Divorce

Law

Divorce Process in AlbuquerqueFalling in love is a natural part of life, and some people are lucky enough to get into lasting relationships that improve their quality of life, others not so much. They end up in acrimonious relationships that are exploitative or abusive.  

Rather than remain in a relationship that only gives you pain and suffering, you can opt to separate from your spouse. A legal divorce is the best way to emancipate yourself from an unfulfilling union. It lets both parties walk away and get on with their respective lives. However, you can compound the events surrounding your divorce if you unknowingly do some common mistakes.

Law Office of Doreene A. Kuffer shares two mistakes you should avoid when going through a divorce.

Get Romantically Involved with Your Lawyer

Given the chaotic nature of a divorce, hiring a family lawyer helps to ease the process as they provide sound legal counsel and offers a shoulder to lean on in trying times. As such, some people end up developing a romantic interest in their attorneys, and this can prove a grave mistake. Such a relationship might result in an infidelity charge, which counts against you in a custody battle. It is best to wait until the divorce finalizes before acting on your feelings.

Refusing Professional Help

A divorce period is often filled with raw emotions, pent up feelings, frustrations and often a sense of betrayal; as a result, it is quite trying on your emotional state. Rather than engaging in reckless behaviors that are likely to endanger your health, a reliable family law attorney advises that you can consider attending counselling sessions.

Professional therapists help you overcome your pain, grow your confidence and handle the divorce in the most mature manner possible. They also offer useful advice on how to manage your emotions and talk to your children. As such, you are less likely to fall into a fit of angry depression or seek refuge in alcohol and other destructive behaviors.

With sufficient help, you can emerge through a divorce process relatively unscathed and get on with your life.

The 4 Critical Reasons Young Entrepreneurs Need to Hire a Lawyer

Law

Legal Services in AustraliaAlthough it is not apparent to most young entrepreneurs, hiring the services of a competent lawyer saves you a great deal of trouble later on. When young people embark on a partnership agreement, they tend to focus on growing the business that they overlook important legal issues.

Ownership

Failure to determine how much of the company each partner owns is a common mistake that often lead to some people losing a fortune. In the absence of signed contractual agreements, it becomes difficult to prove any ownership claim and if you do, it comes at a great cost. Having everything laid out in a contract can save you from any crisis later on.

Intellectual Property

Most successful companies in the world revolve around an innovative concept that solves a particular problem. Copyrighting such concepts keep others from exploiting your idea for commercial gains without your consent. Failing to protect your intellectual property exposes your business to unfair competition and causes you to incur heavy losses. For best results, seek the best possible legal advice and protect your patents, copyrights and trademarks.

Image Protection

Entrepreneurs are the brand ambassadors of their business and having criminal charges pressed against them can ruin their image. Timpano Legal noted that retaining the service of capable attorney protects you from these occurrences and provides solid legal advice during court proceedings. From traffic offences and regulatory oversights to professional disciplinary cases, you need the services of a competent lawyer.

Legal Guidance

As your company grows, you need to structure the business to conform to the law and make for ease of management. Lawyers possess the necessary skill and help you through the process by providing you with sound and knowledgeable advice. They help you draft contracts with non-disclosure clauses to protect your trade secrets and prevent infringements.

Starting your business venture from a stable legal framework safeguards you from ownership problems in the future. Retaining the services of credible lawyer insures you from legal trouble.

Are You Qualified to Adopt?

Law

AdoptWelcoming a child to your family is an exciting and momentous occasion; however, it can be an emotional, lengthy, and difficult process. This is mainly due to states imposing different requirements on prospective parents before they may even be eligible to adopt. It’s recommended you consult an adoption attorney to know more about the adoption laws in Colorado Springs.

General Adoption Requirements and Residency Requirements

Generally speaking, married couples and single adults can adopt. Stepparents can adopt a spouse’s birth child. Some states also permit married people to adopt by themselves if their spouse is considered legally incompetent or if they’re legally separated. Note that, as Shaynelaw.com says, legal separation in Colorado means you’ve untied yourself from your spouse. That may be a temporary arrangement, or you may be on your way to dissolution of marriage.

Some states require that you be a state resident to be eligible for adoption, meaning that your legal residence is your primary or permanent home. Required residency periods range from 60 days up to a year, depending on the state, but there may also be exceptions. For instance, nonresidents can adopt children with special needs under Indiana and South Carolina adoption laws.

General Age Restrictions

Age restrictions are also dependent on state laws. In some states, only those 18 years old and above can adopt, while some states set a higher age limit of 21 or 25 years old. Some states also permit minors to adopt under special circumstances, such as when a minor is married to an adult adoptive parent.

Other states also set restrictions requiring adoptive parents to be older by a specific amount of years than the child they want to adopt. For example, six states require that adopting parents should be older by 10 years, while others require adoptive parents to be older by 14 or 15 years.

Homosexual Adoptions

Adoption laws in the majority of states are somewhat quiet on issues regarding adoptions by lesbian or gay individuals. Know that many lesbian and gay couples or individuals across the country have been successful in adopting children.

In general, adults legally considered as “fit parents” may adopt, but different states have their own requirements. Know your state’s adoption laws before proceeding with the adoption.

Things to Expect When Filing for a Divorce

Law

Marriage is typically the first step to starting a family. This process solidifies the union of two people and affirms their promises of being a good spouse and parents to their children. As much as possible, the family keeps this sacred union intact and avoids conflict.

Unfortunately, not all marriages end happily. Personal differences and circumstances may push the couple apart. Infidelity, emotional and physical abuse, and financial problems are only a few reasons that drive a person to file for divorce.

Divorce is a nasty process in some cases, but sometimes it is the only way. Divorce undergoes a complicated course of stress and confusion, especially with children involved. Apart from the emotional trauma it may cause the individuals, it also involves a number of legal problems, such as the following:

Child Custody

The initial consequence of every marriage dissolution falls on the kids, especially families with minor children. After the emotional counseling and coaching for the children, the divorcing couple will need to talk about caring for them. The first part is identifying who will have the custody over the kids, which usually becomes a vicious battle of emotion and wits. Then the court will have to help arrange the visitation rights of the non-custodial parent, together with the child support they may have to provide. You’ll need a lawyer who can defend your rights and make sure you and your child get a fair deal out of all of this. Websites like matthewsfamilylawyers.com can give you an idea what to do and whom to hire.

Property Division

Most couples accumulate possessions that become their conjugal properties. After the divorce, it is important split these assets. This process, though, does not involve equal division of the properties, but treats the assets by worth. It also decides which properties are separate assets and which are marital ones. This also involves the partition of debts.

Divorce is like a starting domino that starts the fall once pushed. In times when this situation can’t be avoided, the individual must prepare for the consequences. Only he or she can do something with the emotional aspect of divorce, but on the legal side, getting a good lawyer can win the battle.

Five Non-Lawyer Careers in the Legal Field

Law

There are a number of lucrative legal opportunities that do not require a degree or an expensive legal education. The legal field is thriving and opening new careers for bright and skilled professionals in the legal field.

If you want to work in the field, but do not have the resources to pursue a juris doctor, then know that there plenty of alternative careers available. LegalStudies.com shares some rewarding career options that do not require a law degree:

Mediators

Mediators are those who help resolve client issues without going to court. They talk with the parties involved and discuss available options to help reach a mutual agreement. Mediation has become a popular focus in the field of law. Mediators can be lawyers or mental health professionals who have attended a mediation-training program.

Paralegals

Also known as legal assistants, paralegals are assistants to lawyers. A main part of their job is to conduct legal research, draft legal documents, and interview clients. There are many colleges and private schools in America that offer paralegal training and courses.

Court Reporters

These are court workers who record what goes on in a trial. They can also be referred to as stenographers or those who record court testimony, speeches, and witness statements. Some court reporters also do real-time reporting for webcasts or broadcast captioning.

Trial Consultants

Trial consultants are those who assist lawyers and attorneys with their technology requirements in the trial. They incorporate legal technology to help attorneys state an important theme and help a jury understand complex concepts.

Jury Consultants

Jury consultants give their insights regarding juror behavior and assist attorneys and lawyers in creating their arguments. They also use empirical data to predict dispositions and offer valuable assistance in the jury selection process.

Other law-related jobs that don’t need licenses include trust work in major companies. This may include a job in law enforcement, public administration, judicial administration, and criminal justice. While such careers don’t require a law degree, they need training and certifications. Make sure to look for a reliable school that offers legal certifications.