As the economy still struggles to recover, it is more than likely that many more businesses may be
affected by bankruptcy, in one way or another. Therefore, businesses need to make every effort to
better protect themselves. This is best accomplished by consulting professional insolvency
practitioners. As financial specialists, these experts can help advice companies on how to best
weather challenging times.
Financial Planning
Aside from the usual aspects of proper planning, one other extremely critical financial element
is for business owners to protect their companies from the effects of bankrupt customers.
More than ever, it is imperative to evaluate the financial standings of all customers. This can
ensure that credit administered to them is reliable. There have been literally hundreds of major
public and private bankruptcies filed annually for the last few years.
Therefore, it is more than clear that regular credit protection methods should include adequate
standards and practices. This can prevent businesses from dealing with potentially uncertain
customers. Below are some steps to make this process easier.
1. Financial Business Review
Before looking into the financial condition of customers, review your own business situation.
Conduct a thorough analysis to reveal strengths and weaknesses. Determine what the company's
spending habits are and decide where cut backs could be managed.
Invest business funds wisely and only in areas that are necessary. Not only is this an important
ongoing process, but having reserves in place can also be very beneficial to safeguard the overall
health of the company.
2. Review Competitor Standings
Take a look at how your company compares to competitors. Distil what your company offers that
others do not. Amplify those things through marketing to best leverage them.
Determine what draws customers and emphasize this in your branding message. Stay abreast of the
target audience and continue to adapt marketing efforts accordingly. This is key to maintaining,
safeguarding and growing the business.
3. Protect Investments
While credit insurance has been popular for small businesses, this traditional form of credit
protection is no longer sufficient. Businesses need to implement their own standards of
protection from unpaid loans.
For example, institute credit scoring models that identify customer credit standings. This
information will provide guidelines pertaining to whom the business should sell to.
4. Automate Processes
Use automation to keep track of business analysis data. This will not only save time, but
results will be more accurate. Software includes helpful tools for businesses to track trends,
compare competitor standings and make financial decisions that are more informed.
For businesses, debt recovery can be a very serious issue. Therefore, determining the financial
health of every entity that a company has a business relationship with is highly advisable. This
can help greatly to avoid potentially severe financial losses.
----------------------------------------------------
John Greyson is one of the most knowledgeable guys in town, he knows everything you need to learn
about business and law. Stay tuned for more of his practical tips and legal advices about
insolvency practitioners, visit http://www.redchip.com.au/services/insolvency/ .
Posted by J. Randall Frier
Sunday, December 30, 2012
Wednesday, December 26, 2012
Take Care To Follow Each Step Of Estate Planning Carefully
A good chunk of your estate may be taken away by the state authorities if you fail to consider
estate planning in your life time. The way to tackle this is to make a good estate plan in order
to ensure that your belongings are disbursed in the right manner. The different aspects like
legal documents and property are taken into account in an estate plan. The will is generally the
most important document that has to be prepared. This is important if you want to leave your
property to your children as well instead of completely giving it away to your spouse.
There is no doubt that this is the only way to make sure that you do give a good chunk of the
property to your children. This leaves you free to give away as much of your remaining property
to your kids. A significant factor while making the will is to name an executor. The job of the
executors is to oversee the correct distribution of the property as per the will. It is best to
even have a backup so that the job is undertaken without any problem even if your main executor
cannot do it.
You can ease the burden with the help of a checklist for estate planning. Estate planning has
lots of steps but this way you will hardly skip any of the steps that are involved. Making
modifications to the will over a period of time is certainly recommended in order to cover all
areas. It is only natural that things will change over a period of time. Therefore, you should
never forget to make the modifications as required in the will. The impact of using an old will
certainly be seen once it is executed after the demise of the person.
You also have an important task of selecting guardians to look after your children if they have
not crossed the age of eighteen. This means that there will be someone to look after them until
they become adults. Normally, it is seen that people do not pay heed to this fact other than
single parents. It does not happen often but it is possible that both parents may die in an
accident which can be troublesome. The wise thing to do is to look after all the elements in the
will so that there are no problems later on. Picking guardians is important to make sure that
your kids do not go in foster.
You have to think about different types of assets such as insurance policies, trusts and homes
while completing the steps in estate planning. You have to make sure that these aspects are not
ignored in the will otherwise they may be taxable at a high rate. The monetary value of the tax
that would be incurred will be decided according to the type of asset. It is best to take the
help of legal professionals so that you are aware of all the things that should be accounted for
in the process of estate planning.
----------------------------------------------------
Looking for divorce attorney reno nevada ? Get instant legal advice by visiting
http://surrattlaw.com/
Posted by Randall Frier Bankruptcy Attorney
estate planning in your life time. The way to tackle this is to make a good estate plan in order
to ensure that your belongings are disbursed in the right manner. The different aspects like
legal documents and property are taken into account in an estate plan. The will is generally the
most important document that has to be prepared. This is important if you want to leave your
property to your children as well instead of completely giving it away to your spouse.
There is no doubt that this is the only way to make sure that you do give a good chunk of the
property to your children. This leaves you free to give away as much of your remaining property
to your kids. A significant factor while making the will is to name an executor. The job of the
executors is to oversee the correct distribution of the property as per the will. It is best to
even have a backup so that the job is undertaken without any problem even if your main executor
cannot do it.
You can ease the burden with the help of a checklist for estate planning. Estate planning has
lots of steps but this way you will hardly skip any of the steps that are involved. Making
modifications to the will over a period of time is certainly recommended in order to cover all
areas. It is only natural that things will change over a period of time. Therefore, you should
never forget to make the modifications as required in the will. The impact of using an old will
certainly be seen once it is executed after the demise of the person.
You also have an important task of selecting guardians to look after your children if they have
not crossed the age of eighteen. This means that there will be someone to look after them until
they become adults. Normally, it is seen that people do not pay heed to this fact other than
single parents. It does not happen often but it is possible that both parents may die in an
accident which can be troublesome. The wise thing to do is to look after all the elements in the
will so that there are no problems later on. Picking guardians is important to make sure that
your kids do not go in foster.
You have to think about different types of assets such as insurance policies, trusts and homes
while completing the steps in estate planning. You have to make sure that these aspects are not
ignored in the will otherwise they may be taxable at a high rate. The monetary value of the tax
that would be incurred will be decided according to the type of asset. It is best to take the
help of legal professionals so that you are aware of all the things that should be accounted for
in the process of estate planning.
----------------------------------------------------
Looking for divorce attorney reno nevada ? Get instant legal advice by visiting
http://surrattlaw.com/
Posted by Randall Frier Bankruptcy Attorney
What You Need To Do To Protect Your Credit During a Divorce
A lot of people going through a divorce are concerned on how their credit is going to be affected
and what can they do to protect their credit from being negatively impacted from the process.
Divorces can get extremely nasty sometimes. When one spouse feels betrayed and cannot do anything
to vent their pain, anger and frustration, they may feel that the only thing left is to bring the
other spouse to their knees financially. A divorce mediator or attorney knows from experience
that this is spiteful and immature behavior but unfortunately, very real. Sometimes it is not so
much an act of spite but of selfishness. They may decide to take everything they can from the
spouse they are divorcing in order to increase their financial standing.
A Spouse Is Not Helpless
Advice from a divorce mediator or lawyer may include that there are several things a spouse can
do to protect themselves from financial ruin.
1.) List all your credit cards, account numbers and outstanding balances you have in both joint
names and also in individual names. Document all purchases made on these credit cards and note
who made those purchases and who benefited from them.
2.) Remove your name from every credit card that has you listed as an authorized user, and remove
your spouse for any credit card that lists your spouse as an authorized user, which means your
spouse is not responsible for repaying any debts incurred, but is able to charge on the account.
If your spouse's credit suffers, yours will suffer as well because your name is on the account.
3.) If possible, pay off all the unpaid debts for the credit cards. You may even get a loan in
your name to do so. Then close the account. You are taking the entire financial burden upon
yourself but you may be able to recover some of it through the divorce settlement. At least your
spouse will not be able to charge on the accounts any longer.
When it is impossible to pay off all outstanding debt, it will be treated as a joint debt. These
are responsibilities that have to be sorted out and divided. Until the debt is paid, the spouse
in charge of a debt must notify the other spouse if he or she falls behind on a payment. The
spouse who gets a vehicle should assume the debt of that vehicle. Until every debt is paid, both
spouses will feel the financial results of the divorce.
----------------------------------------------------
If you want to end your marriage amicably with your spouse, it is better if you discuss your
financial situation with an expert divorce mediator at Mediation Associates of NY and NJ.
Jonathan Starr is a skilled divorce mediator who assists in creating an environment for more
effective communication between parties consumed in a very emotional and trying transition. Call
877-666-9601 or visit http://www.newyorkdivorcemediation.net
Posted by Randall Frier Bankruptcy Attorney
and what can they do to protect their credit from being negatively impacted from the process.
Divorces can get extremely nasty sometimes. When one spouse feels betrayed and cannot do anything
to vent their pain, anger and frustration, they may feel that the only thing left is to bring the
other spouse to their knees financially. A divorce mediator or attorney knows from experience
that this is spiteful and immature behavior but unfortunately, very real. Sometimes it is not so
much an act of spite but of selfishness. They may decide to take everything they can from the
spouse they are divorcing in order to increase their financial standing.
A Spouse Is Not Helpless
Advice from a divorce mediator or lawyer may include that there are several things a spouse can
do to protect themselves from financial ruin.
1.) List all your credit cards, account numbers and outstanding balances you have in both joint
names and also in individual names. Document all purchases made on these credit cards and note
who made those purchases and who benefited from them.
2.) Remove your name from every credit card that has you listed as an authorized user, and remove
your spouse for any credit card that lists your spouse as an authorized user, which means your
spouse is not responsible for repaying any debts incurred, but is able to charge on the account.
If your spouse's credit suffers, yours will suffer as well because your name is on the account.
3.) If possible, pay off all the unpaid debts for the credit cards. You may even get a loan in
your name to do so. Then close the account. You are taking the entire financial burden upon
yourself but you may be able to recover some of it through the divorce settlement. At least your
spouse will not be able to charge on the accounts any longer.
When it is impossible to pay off all outstanding debt, it will be treated as a joint debt. These
are responsibilities that have to be sorted out and divided. Until the debt is paid, the spouse
in charge of a debt must notify the other spouse if he or she falls behind on a payment. The
spouse who gets a vehicle should assume the debt of that vehicle. Until every debt is paid, both
spouses will feel the financial results of the divorce.
----------------------------------------------------
If you want to end your marriage amicably with your spouse, it is better if you discuss your
financial situation with an expert divorce mediator at Mediation Associates of NY and NJ.
Jonathan Starr is a skilled divorce mediator who assists in creating an environment for more
effective communication between parties consumed in a very emotional and trying transition. Call
877-666-9601 or visit http://www.newyorkdivorcemediation.net
Posted by Randall Frier Bankruptcy Attorney
Monday, December 17, 2012
Who Needs A Real Estate Attorney?
Catalysts makes a process go faster; safety may not be necessarily part of the equation. In a
transaction that involves money and property, you might both characteristics in the person you
are entrusting the sale of a property, but not all has both qualities. That is the reason that
you need to have a realtor, and an attorney if needed.
A Real Estate Attorney, are the kind of lawyers that helps you get a run down of the world of
buying and or selling a house which includes the requirements and its very own process. A Real
Estate Attorney should be especially familiar with laws that govern the real estate world of the
place where he currently resides and practice because each state or country has their own
examinations making their license exclusively for that area only. The license that they currently
hold is proof of their mastery in the rules and policies that the state requires when it comes to
such negotiations. Making sure they hold the right license is a must to consider before hiring
any attorney. In addition, the Real Estate Attorney is the one who is familiar with the paper
works that are necessary to set-up the sale of the house or the purchase of the house for they
are the most legally equipped person who is at your disposal, so they should be able to guide you
through the one, two, threes of the processing for the transactions to push through.
The Real Estate Attorney has several functions that you should be particularly aware of. One of
those is reviewing the agreements. In reviewing the agreement, the attorney needs to go through
and examine everything that is written in the piece of paper that is presented to you by the
realtor or the one buying the house. If the attorney is thorough in studying what are stipulated
and what are implied in the paper you will be able to prevent any future liabilities. The
agreement may stipulate the date of transfer, repairs that need to be done, amount to be paid as
down payment, and date of possession.
They are also hired in order to prepare contracts. This function is particularly for individuals
who are well versed with the law of the state, and attorneys have spent time in studying them
over and over. In the contract, the Real Estate Attorney should include the rules that is
involved in the purchase of the house, and if required, may include future claims to the property
under specific conditions. They can also act as intermediary, and is particularly important when
the client is out of town. They will be the one who will relay the conditions and proposals that
both sides of the negotiation demands all the while in doing so, they would also give out
suggestions into how they could reach a settlement when both ends are not meeting. Lastly, they
are also hired in order to appear and represent their client in court to present their side and
interests. These cases may include properties building restriction that are added, or problems
with the property title - to mention a few.
It is helpful to have a competent Real Estate Attorney at your disposal in such dealings because
you never know that the property and life they may save might be yours.
----------------------------------------------------
If you are interested in more information about an Orlando Business Attorney, visit Benkiran Law,
P.A. at http://benkiranlaw.com . They also specialize as an Orlando Real Estate Attorney at
http://benkiranlaw.com/practice-areas/commercial-real-estate-development .
Posted by J. Randall Frier
transaction that involves money and property, you might both characteristics in the person you
are entrusting the sale of a property, but not all has both qualities. That is the reason that
you need to have a realtor, and an attorney if needed.
A Real Estate Attorney, are the kind of lawyers that helps you get a run down of the world of
buying and or selling a house which includes the requirements and its very own process. A Real
Estate Attorney should be especially familiar with laws that govern the real estate world of the
place where he currently resides and practice because each state or country has their own
examinations making their license exclusively for that area only. The license that they currently
hold is proof of their mastery in the rules and policies that the state requires when it comes to
such negotiations. Making sure they hold the right license is a must to consider before hiring
any attorney. In addition, the Real Estate Attorney is the one who is familiar with the paper
works that are necessary to set-up the sale of the house or the purchase of the house for they
are the most legally equipped person who is at your disposal, so they should be able to guide you
through the one, two, threes of the processing for the transactions to push through.
The Real Estate Attorney has several functions that you should be particularly aware of. One of
those is reviewing the agreements. In reviewing the agreement, the attorney needs to go through
and examine everything that is written in the piece of paper that is presented to you by the
realtor or the one buying the house. If the attorney is thorough in studying what are stipulated
and what are implied in the paper you will be able to prevent any future liabilities. The
agreement may stipulate the date of transfer, repairs that need to be done, amount to be paid as
down payment, and date of possession.
They are also hired in order to prepare contracts. This function is particularly for individuals
who are well versed with the law of the state, and attorneys have spent time in studying them
over and over. In the contract, the Real Estate Attorney should include the rules that is
involved in the purchase of the house, and if required, may include future claims to the property
under specific conditions. They can also act as intermediary, and is particularly important when
the client is out of town. They will be the one who will relay the conditions and proposals that
both sides of the negotiation demands all the while in doing so, they would also give out
suggestions into how they could reach a settlement when both ends are not meeting. Lastly, they
are also hired in order to appear and represent their client in court to present their side and
interests. These cases may include properties building restriction that are added, or problems
with the property title - to mention a few.
It is helpful to have a competent Real Estate Attorney at your disposal in such dealings because
you never know that the property and life they may save might be yours.
----------------------------------------------------
If you are interested in more information about an Orlando Business Attorney, visit Benkiran Law,
P.A. at http://benkiranlaw.com . They also specialize as an Orlando Real Estate Attorney at
http://benkiranlaw.com/practice-areas/commercial-real-estate-development .
Posted by J. Randall Frier
Thursday, December 6, 2012
Home Foreclosures: 5 Revealing Tips You Should Use Before Splashing Out Cash
The chance of benefiting from the loss of another is not exactly an appealing thought. Home
foreclosures basically occur when properties are taken away from original homeowners and
purchased by other people. This type of situation arises, when the original homeowner is
knee-deep in debt and has no means of paying that which is owed. Most times, the climax to this
unfortunate experience is the selling of a home or quitting a property. Have you being presented
with an opportunity to purchase a foreclosure property? Here are 5 revealing tips you should use
before splashing out cash.
Do Your Research
Research foreclosed properties. There are plenty of ways that you can do this before you make up
your mind to buy a property. Most foreclosed listings have personal search options. So when you
search online, ensure that you choose a location and budget estimate. You will definitely see
homes that are right up your alley. You can afford to choose which property sparks up an interest
and follow it up from there.
Condition of Property
It is crucial that you verify the condition of the property. How much money do you need to fork
out for repairs? This is what adds up to the total cost of the house. And not what you pay
initially for the property. It is only normal that you pay for a house that requires minimal
repairs. Remember that it is on you to fix the house and not the seller.
Obtain Data
Obtain data about the home foreclosure laws of the area and get acquainted with them. Avoid
surprises and hidden charges by getting data beforehand. You might just end up spending more than
expected if you do not do your homework properly. There are hordes of places where you can obtain
valuable information. For starters, you can try the Internet or check out the local court house.
Correct Assessment
It is wise that you determine the actual market value of the home foreclosure property. Most
houses have a 30-40% discount. So take advantage of this and get a dependable residence inspector
who will have the building accessed. Besides, assessing the building, it also plants you in good
stead to know the condition of the house and if you require any major repairs.
Who's Claim
Take that extra step and find out who is taking the claim of the house. The best place to get a
good deal is with the banks or creditors. They offer interest just in case you need to maintain
your mortgage rates with another property. Besides, you would not enjoy a good deal from a swift
sale. The property might still be going through foreclosed motions or the owner might still be
yet to forfeit ownership.
----------------------------------------------------
For more information about a Business Attorney In Orlando go to
http://benkiranlaw.com/practice-areas/foreclosure-defense . Please visit Benkiran Law Firm, P.A..
at http://benkiranlaw.com .
Posted by Randy Frier
Monday, November 26, 2012
Collection Call Laws And The Principles Behind Them
Creditors and collecting agencies often call up their debtors who are in default or in delay, even
to the point of harassment. It is for this reason that collection call laws have been put into
place. These laws vary from state to state. Despite that, the principles that govern them are
essentially the same. It is time for us to take a look at these principles.
Existing collection call laws are on mainly based on the premise that there was a prior failure
on the part of the debtor to pay the amounts he is due to pay to his creditor. The fact, however,
that there are creditors who call the debts even before they are due and the debtor has not even
defaulted on a single payment make this principle quite subjective. You can say that this is a
way for the creditors to harass their debtors, although they do not see it that way. But the law
dictates that collection calls should only be made to those who are already in default. Common
courtesy also calls for that.
We can safely make an analogy that collection laws are polite reminders for the debtors to start
repaying their debts since they seem to have forgotten to do so. Should the debtors feel that
they are being harassed by creditors and collection agencies who are making premature collection
calls, the debtors are entitled to be compensated for the stress they have been subjected to.
Most of the collection call laws also require that there first and second collection calls have a
reasonable time difference. During this time lapse, the debtor to whom the calls were made can
acknowledge the debt, repay it or make a commitment or plan to repay it, at which point the calls
should cease.
Collection calls laws provide that these calls are supposed to be gentle reminders to debtors
that they have forgotten to make the payments when they fell due. Collection calls are not really
what should be used on debtors who are intent on evading their debts altogether. There are other,
more persuasive, legal mechanisms for them. Collection call laws also have a provision that
states that, once the debtor requests the creditor or the collection agency to stop making the
calls, they should immediately do so. There are no hard and fast rules as to what the debtor
should do to make the calls stop.
It can be something as simple as writing a letter to the creditor or the collection agency,
requesting cessation of the collection calls. This is a way of balancing the odds between the
creditor and the debtor, although the debtor would be subjected to possible consequences if he
asks for the cessation of the calls. But this is basically just so the debtors would not be
harassed by the creditors and collecting agencies, especially if they make the collection calls
constant. That is the basis for the legal provision that the collection calls should be stopped,
once the creditor gets a request to stop making them from the debtor.
----------------------------------------------------
Looking for a lawyer to represent you. Get instant legal advice by visiting , K&M LAW has
established strong ties with attorneys across California to form a network of attorneys
practicing in virtually all areas of law. http://www.kmlawcorp.com/
Posted by J. Randall Frier
Debt Recovery
Certain states, California for example, do not currently require a person to be a lawyer or have a
collection agency license to recover most debts or to collect judgments they own. Can an average
(non-lawyer) person begin a company collecting debts that aren't yet judgments? Yes, but it is
much harder to make a profit doing that than many people might believe.
My articles are my opinions and are not, legal advice. I'm a judgment broker, and not an
attorney. When you ever want a strategy to use or legal advice, please retain a lawyer. Sole debt
recovery experts usually have creditors assign their debts to themselves having a signed contract
in place, and then the collector will either try to convince their debtors to pay using the phone
or letters, or they sue them in court to try to get a judgment based on the debt claim.
There is a website selling a product to help people learn to be their own collection agency,
using just the web. The downside with that concept and product is that the majority of debtors
and judgment debtors don't respond to letters sent to them. Debts that aren't yet judgments
cannot be recovered with a court. Not having a judgment, one can't pay the Sheriff to levy the
available assets of the debtor.
Be aware that if you recover non-judgment debts you buy outright or on a future-payment basis,
you are collecting debts, not judgments; and you'll be a third-party debt collector subject to
all FDCPA statues, and the Rosenthal restrictions in California.
If you are not a lawyer, you cannot represent anyone else in any court matters, unless you are a
collection agency; in which case you represent only someone's right to try to collect the single
debt or judgment. While California does not currently require a license to be a collection
agency, most states require folks to be licensed and bonded to recover debts and/or judgments.
Whether your state requires any bonding and/or licensing or not, every debtor circumstance must
be scrutinized and screened, to get a opportunity to earn money. Not having judgment, you will
not be legally allowed to run a credit report on the debtor, and a debtor may file for bankruptcy
at any time. You can use professional databases to check the debtors of the potential debt owner
customers, to help minimize your financial risks.
If your debtor does not respond to telephone calls or letters, an answer might be to sue the
debtor to try to turn them into a judgment debtor. The hassle and expense of suing a debtor makes
sense when they appear to have available assets. In most states, including California, this cannot
be done in a small claims court, so this could be expensive.
Although a few debtors may settle without having to sue them, one might need to sue most of them.
In California, this usually costs around $275 to $500 to sue somebody at a civil court, including
serving the debtor notice of your lawsuit, and a lot more money if you retain an attorney. If the
lawsuit isn't contested, there will not be any additional lawsuit costs; however if they contest
the lawsuit, the expenses can be enough to make you want to dismiss the lawsuit. Could one make
money collecting debts? My answer is perhaps.
----------------------------------------------------
One stop judgment recovery: http://www.JudgmentBuy.com - Judgment Recovery. The easiest and
fastest way to start recovering enforceable judgments. (Mark D. Shapiro 408-840-4610) Free, no
obligation judgment evaluations.
Posted by J. Randall Frier
Certain states, California for example, do not currently require a person to be a lawyer or have a
collection agency license to recover most debts or to collect judgments they own. Can an average
(non-lawyer) person begin a company collecting debts that aren't yet judgments? Yes, but it is
much harder to make a profit doing that than many people might believe.
My articles are my opinions and are not, legal advice. I'm a judgment broker, and not an
attorney. When you ever want a strategy to use or legal advice, please retain a lawyer. Sole debt
recovery experts usually have creditors assign their debts to themselves having a signed contract
in place, and then the collector will either try to convince their debtors to pay using the phone
or letters, or they sue them in court to try to get a judgment based on the debt claim.
There is a website selling a product to help people learn to be their own collection agency,
using just the web. The downside with that concept and product is that the majority of debtors
and judgment debtors don't respond to letters sent to them. Debts that aren't yet judgments
cannot be recovered with a court. Not having a judgment, one can't pay the Sheriff to levy the
available assets of the debtor.
Be aware that if you recover non-judgment debts you buy outright or on a future-payment basis,
you are collecting debts, not judgments; and you'll be a third-party debt collector subject to
all FDCPA statues, and the Rosenthal restrictions in California.
If you are not a lawyer, you cannot represent anyone else in any court matters, unless you are a
collection agency; in which case you represent only someone's right to try to collect the single
debt or judgment. While California does not currently require a license to be a collection
agency, most states require folks to be licensed and bonded to recover debts and/or judgments.
Whether your state requires any bonding and/or licensing or not, every debtor circumstance must
be scrutinized and screened, to get a opportunity to earn money. Not having judgment, you will
not be legally allowed to run a credit report on the debtor, and a debtor may file for bankruptcy
at any time. You can use professional databases to check the debtors of the potential debt owner
customers, to help minimize your financial risks.
If your debtor does not respond to telephone calls or letters, an answer might be to sue the
debtor to try to turn them into a judgment debtor. The hassle and expense of suing a debtor makes
sense when they appear to have available assets. In most states, including California, this cannot
be done in a small claims court, so this could be expensive.
Although a few debtors may settle without having to sue them, one might need to sue most of them.
In California, this usually costs around $275 to $500 to sue somebody at a civil court, including
serving the debtor notice of your lawsuit, and a lot more money if you retain an attorney. If the
lawsuit isn't contested, there will not be any additional lawsuit costs; however if they contest
the lawsuit, the expenses can be enough to make you want to dismiss the lawsuit. Could one make
money collecting debts? My answer is perhaps.
----------------------------------------------------
One stop judgment recovery: http://www.JudgmentBuy.com - Judgment Recovery. The easiest and
fastest way to start recovering enforceable judgments. (Mark D. Shapiro 408-840-4610) Free, no
obligation judgment evaluations.
Posted by J. Randall Frier
Friday, November 23, 2012
Powers Of Attorney
Getting chosen to be a power of attorney doesn't make one an attorney. You do not need to be an
attorney to be appointed as a POA (Power Of Attorney. Being chosen as a power of attorney gives
you a limited number of choices and rights to make on behalf of someone else. Power of attorney
appointments are seen often in estate planning.
Somebody that represents another person or entity in court proceedings, is acting as an attorney,
and only a licensed attorney is allowed to represent others in court proceedings. Even when
someone is named as being the attorney in fact, this alone does not make them an attorney.
Someone does not need to be a lawyer, to get appointed to receive some ability to make another
person or entity's choices, or to manage their care.
This article is my opinion and is not, legal advice. I'm a judgment broker, and not an attorney.
If you ever need a strategy to use or legal advice, please retain an attorney. A typical power of
attorney agreement creates an agency relationship between the principal (the person or entity
authorizing, granting, and agreeing to have some of their rights represented), and their agent
(the power of attorney).
The principal grants some of their rights (power) to the agent. The agent will get the rights
until some event happens, as an example, the principal dies, becomes incapacitated, or the rights
of the Power Of Attorney (POA) get revoked. There's several types of power of attorneys, and one
person can fulfill more than one POA role. Some examples of POA are:
1) The general power of attorney involves both some legal, and early all financial decisions.
2) A specific power of attorney is limited to one task, or for just a short time.
3) A durable power of attorney gives the power to survive the incapacitation of a principal,
which is handy in estate planning.
4) A financial power of attorney has a lot of power, as it allows an agent to determine all
financial choices for an incapacitated principal. Certain financial institutions insist on a
durable power of attorney in addition to, or instead of, a financial power of attorney.
5) The health or medical care power of attorney permits an agent to make health care decisions
for a principal, once they are incapacitated.
Even though one doesn't need to be a lawyer to become a power of attorney, they could be. A
lawyer is often involved, if only to draw up the documents. Powers of attorney documents are not
often court filed unless they are subpoenaed, or involve certain real estate transactions.
Being a judgment broker I get sometimes asked "Can I become the power of attorney for a judgment
owner, and then enforce the judgment?" Although I'm not a lawyer, I know anyone who isn't a
lawyer should not represent anyone else in any court-related matters.
Each state has its own peculiarities and laws, so make certain you hire a local lawyer who knows
your particular power of attorney requirements. If you find a free power of attorney form over
the internet, run it past a lawyer, as you want a document which performs in the real world, not
only in theory. Most estate planning lawyers will check or prepare power of attorney paperwork at
a reasonable fee.
----------------------------------------------------
One stop judgment recovery: http://www.JudgmentBuy.com - Judgment Recovery. The easiest and
fastest way to start recovering enforceable judgments. (Mark D. Shapiro 408-840-4610) Free, no
obligation judgment evaluations.
Posted by J. Randall Frier
attorney to be appointed as a POA (Power Of Attorney. Being chosen as a power of attorney gives
you a limited number of choices and rights to make on behalf of someone else. Power of attorney
appointments are seen often in estate planning.
Somebody that represents another person or entity in court proceedings, is acting as an attorney,
and only a licensed attorney is allowed to represent others in court proceedings. Even when
someone is named as being the attorney in fact, this alone does not make them an attorney.
Someone does not need to be a lawyer, to get appointed to receive some ability to make another
person or entity's choices, or to manage their care.
This article is my opinion and is not, legal advice. I'm a judgment broker, and not an attorney.
If you ever need a strategy to use or legal advice, please retain an attorney. A typical power of
attorney agreement creates an agency relationship between the principal (the person or entity
authorizing, granting, and agreeing to have some of their rights represented), and their agent
(the power of attorney).
The principal grants some of their rights (power) to the agent. The agent will get the rights
until some event happens, as an example, the principal dies, becomes incapacitated, or the rights
of the Power Of Attorney (POA) get revoked. There's several types of power of attorneys, and one
person can fulfill more than one POA role. Some examples of POA are:
1) The general power of attorney involves both some legal, and early all financial decisions.
2) A specific power of attorney is limited to one task, or for just a short time.
3) A durable power of attorney gives the power to survive the incapacitation of a principal,
which is handy in estate planning.
4) A financial power of attorney has a lot of power, as it allows an agent to determine all
financial choices for an incapacitated principal. Certain financial institutions insist on a
durable power of attorney in addition to, or instead of, a financial power of attorney.
5) The health or medical care power of attorney permits an agent to make health care decisions
for a principal, once they are incapacitated.
Even though one doesn't need to be a lawyer to become a power of attorney, they could be. A
lawyer is often involved, if only to draw up the documents. Powers of attorney documents are not
often court filed unless they are subpoenaed, or involve certain real estate transactions.
Being a judgment broker I get sometimes asked "Can I become the power of attorney for a judgment
owner, and then enforce the judgment?" Although I'm not a lawyer, I know anyone who isn't a
lawyer should not represent anyone else in any court-related matters.
Each state has its own peculiarities and laws, so make certain you hire a local lawyer who knows
your particular power of attorney requirements. If you find a free power of attorney form over
the internet, run it past a lawyer, as you want a document which performs in the real world, not
only in theory. Most estate planning lawyers will check or prepare power of attorney paperwork at
a reasonable fee.
----------------------------------------------------
One stop judgment recovery: http://www.JudgmentBuy.com - Judgment Recovery. The easiest and
fastest way to start recovering enforceable judgments. (Mark D. Shapiro 408-840-4610) Free, no
obligation judgment evaluations.
Posted by J. Randall Frier
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