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

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

Finding The Best Bankruptcy Attorney

Bankruptcy is a trying time for any individual or business organization. While some people opt in for voluntary bankruptcy, others are not as fortunate. At a time of increasing debts & expenses and decreasing means, bankruptcy haunts Americans throughout their financial lives. Even though prevention is better than cure, sometimes, it is best to take the problem head on and get through it with minimum damage. In such situations, a reliable bankruptcy attorney can go a long way in pulling you out of a financial mess.

The next question is… how do you find a good bankruptcy attorney? There is no doubting the fact that going wrong with a bankruptcy attorney is more disastrous than bankruptcy itself. It has the potential to ruin a client’s legal situation beyond repair. Therefore, choosing a good bankruptcy lawyer is highly relevant.

What Are The Traits Of A Good Bankruptcy Attorney?

ü  Dependability

Your financial situation may not be predictable, but your bankruptcy attorney must certainly be. One of the integral features of a good attorney is dependability. They must be available at your time of need. They should be dependable enough for you to be able to rest the responsibility of bankruptcy proceedings on them.

ü  Guidance

They must be able to clear your doubts and questions regarding the court procedures. They must also provide you with alternatives while filing for bankruptcy. An inside-out knowledge of bankruptcy titles and laws is the mark of a true bankruptcy attorney. Depending upon state laws and the gravity of the financial crisis, the attorney must be able to provide the best guidance.

ü  Communicativeness

There is nothing better than reliable reassurance during trying times. There should be free and regular communication between an attorney and their client so that there is no margin for error. A qualified attorney will always update their client about the case proceedings. Also, there will be a free flow of timely suggestions from their end regarding possible future steps.

ü  Service

Filing for bankruptcy does not simply end after the petition. In fact, that is merely the starting point. There is a host of services which good bankruptcy attorneys must provide to all their clients. Specific requirements of the case, post petition services, guidance and assistance are among the few services that a skilled bankruptcy attorney must provide.

Contrary to widespread belief, bankruptcy is not the ‘end’ of things. It is a great opportunity for a fresh financial start. That is why numerous citizens choose bankruptcy in order to reorganize funds and re-establish their credit history. Whatever be the reason, if you have to deal with bankruptcy and other related issues, an efficient bankruptcy attorney is your saving grace.

J. Randall Frier is one such dedicated professional that has helped hundreds of Americans with the legalities of bankruptcy. If your family or business organization has filed for bankruptcy, he will help you get back on your feet. Remember, it is not the problem that poses a challenge; the real challenge is finding the solution.

Posted by http://jrandallfrier.com/

Why A Will Is Important For Estate Planning

Arranging final affairs is something many people dread. And it's easy to see why. Not many folks
like to contemplate what will happen with their assets when they are no longer around.  That
would mean having to come to the realization that they will indeed be gone at some point. 
But estate planning should not be put off for too long, because you can never predict when
your day will come, and it's best to be ready with a last will and testament.

There are a few good reasons why getting a will should be on the top of your estate planning
priority list:

1. Decide who gets your assets

This is the most obvious one - you need to have a will to make certain that it is absolutely
clear who gets what. Sure, you may not be Bill Gates or Warren Buffet, but even if you don't have
a sizable amount of assets, if you have no clear plan regarding whom you want to receive them,
your heirs may very well end up battling each other in court - and it could get ugly. You may
think now that there's no way this could happen, because everybody gets along. But inheritances
can make people turn greedy - especially if the question of what they are getting is open ended
and they believe they need to fight for their fair share. A simple 'last will and testament' can
resolve this potential mess and insure a relatively peaceful transition of your estate property
when you are gone. 

2. Decide who distributes your assets

A will is a great estate planning tool because it not only allows you to determine who gets your
property, it also allows you to decide who is in charge of doling it out. In most states, this
person is referred to as the executor. The executor has a very important function as this person
works with your attorney to make sure all your assets go where they are intended. It is
important, therefore, to put a lot of thought into who you want to fill this very important
position. Make sure it is someone who you can trust and will be available to take on this
responsibility. 

3. Decide who raises your children

People often forget that estate planning has more to do than just your financial assets. Making
a will also allows you to designate a guardian for your underage children. This is perhaps an
even more critical decision than who gets your money. This has to do with how your kids will be
raised and what kind of future they will have. As with the choice of executor, it is vital that
you designate a guardian that you already know would love to take care of your kids and will
raise them in a good home, allowing them the best chance at a brighter future. 

As always, consult your estate planning attorney to find out your best legal options


----------------------------------------------------
Seflin Lawfirm - Experienced and Caring Estate Planning Attorney Delaware County PA. Attorney
Seflin can assist you with all aspects of estate planning Delaware County Pa. Learn more at
http://www.seflinlawfirm.com

Posted by J. Randall Frier

With a Living Will, Your Estate Planning is Complete

Setting up your final affairs has become a more complicated process in recent years. It used to be
that a basic 'last will and testament' would be all that is needed to insure proper distribution
of your assets. Today, you have many wealthier folks being 'sold' on living trusts - which in
many cases are more trouble than they are worth. You also have greater health concerns to
consider when doing your estate planning. 

While it is true that people are living longer today than ever before, and on balance that's a
great thing, there is an unintended consequence; more people are also developing health
conditions that leave them either physically or mentally incapacitated. This has added another
dimension to the estate planning process; the growing popularity of living wills. 

A living will is essentially a directive that is set up for the purpose of determining what
treatments you may or may not want and what surgeries to have if there comes a day when you are
unable to make these choices on your own. In some states, this document is also referred to as a
healthcare power of attorney with medical directive. You can set it up on your own, but this is
one of those legal documents that you may be better off using the services of an estate planning
attorney for. Here's why. 

Think about all the possible medical conditions that can occur that may leave you without the
ability to decide on the kind of care you should have. You may have thought of 5 or 10 off the
top of your head. But there are at least 10 times that many (or more) that could occur. For this
reason, it helps greatly to have a professional who is experienced in this area to sit down and
go through everything with you. 

Your estate planning lawyer will be familiar with all the possible scenarios that you would not
have come up with on your own. He will also be able to explain it all in layman's terms so you
can understand them clearly and decide what is best for you. For example, there may be certain
situations where you prefer not to have a major surgery, and would rather have a pain killer
instead. There may also come a time when you are clinically dead but being kept alive on a
respirator. 

These days, many people do not want to remain in a vegetative state. But - if there is no
written directive, your family members will likely be the ones to decide. And if there is a
dispute among them (think Terry Schiavo circa 2005), then it will likely be fought out in court,
potentially causing a lot of bad blood among family members. With this one document known as a
living will, you can put an end to all the speculation about what you 'would have wanted',
because it will all be there in writing. This makes the living will a truly essential estate
planning document for the modern age.
----------------------------------------------------
Seflin Law firm - Experienced and Caring attorney Upper Darby PA.  Attorney Seflin can assist you
with all aspects of estate planning Upper Darby Pa. Learn more at http://www.seflinlawfirm.com

Posted by http://jrandallfrier.com/

How Property Tax Loans Can Help You - A Short Explanation On Just How Property Tax Loans Function

There has been quite a lot of chatter about property tax loans in the region of Texas as of late.
A lot of locals of Texas are finding that they are having some hassle repaying their property tax
bills because of the lagging economic situation. It can possibly be perplexing to look at property
tax loans and understand whether they are right for you. On the surface, it may be stressful for
someone that is encountering difficulty paying their real estate taxes to switch from one type of
debt to another one. That stated, property tax loans can really be a true blessing for some men
and women, and after reviewing this and completing some added online research, you might arrive
at the conclusion that they are the right option for you.

A property tax loan may be a good resolution for you if you've found yourself in a scenario where
your property tax burden has come to be so massive that you might be encountering a foreclosure.
Property tax loans are available for lots of diverse kinds of property types in Texas, like
commercial, residential, or even raw land properties. Basically, property tax loans function as a
different way of paying a lump sum settlement on your property tax. The property tax loan handles
paying the tax bill in one lump sum payment, which will allow for you to instead make monthly
payments in installments.

Land owners in Texas have the option to secure flexible tax loans swiftly and with little
trouble. These types of loans are favorable for a wide variety of reasons. They have very simple
elegibility demands, and even people with bad credit can frequently acquire them. They're much
more inexpensive than 48% of first year penalties charged by a tax assessor. They prevent you
from receiving further charges and therefore provide economic flexibility. Most significantly,
the loan pays off all of your property tax, penalties, and interest in one lump sum.

Property tax loans don't just help the person incuring the debt. They likewise assist the public
taxing units, as the debt is remunerated right away, liberating revenue that would originally
have been prolonged. This way, funding that would have been in limbo can properly head to where
it should, like the city, county, or school district. After the money has been paid, the tax
assessor saves time and organizational funds by no longer needing to go after the particular
person indebted to collect on the account.

Property tax loans are also helpful for first lien mortgage holders when a property owner secures
a tax loan. Individuals are far less likely to back-pedal their mortgage when they possess the
opportunity and flexibility to make affordable repayments on a property tax loan instead. The
clear draw here is that charges will no longer accrue on the account since the property tax loan
handles the payment-- essentially, this safeguards the equity on the property.


----------------------------------------------------
Dean creates summaries and guides to help individuals select the very best professionals dealing
with property repossessions. He writes reviews and customer reports to suggest and lead people to
the very best choices.
http://www.propertytaxloansfortexas.com

Do I Need To Pay Inheritance Tax?

In the United Kingdom you will have to pay inheritance tax if the estate you are dealing with is
valued at £325,000 or more. This is the inheritance tax boundary for the year 2012/2013. In
general the executor of the Will is responsible for the paying the tax, however if you have been
gifted money/property by the deceased individual, or are a trustee of the Will you may have to
pay some inheritance tax in some circumstances. Inheritance tax will be paid following the
valuation of the estate and must be paid within 6 months of the end of the month in which the
deceased passed away.

Inheritance Tax Thresholds

Each United Kingdom resident has their own inheritance tax threshold of £325,000, after
which they will be subject to paying tax on their estate. However, if you are married or in a
civil partnership it is possible to transfer your partner's unused inheritance tax boundary. This
'nil band rate' transfer can mean the surviving spouse has an inheritance tax threshold of up to
£650,000 on their estate. The transfer can only occur on the death of the second spouse.
The second death must have occurred on or after 9th October 2007 otherwise it may not be possible
to transfer the full boundary. 

How Do I Pay Inheritance Tax?

Inheritance tax will be subject to interest if it is not paid in full in the six months
following the death of you loved one. So how do I pay inheritance tax? Firstly you must apply for
an inheritance tax number; you can apply for this online or via post using an IHT422 form. You
will need this number before you can make any payments and you should apply for it at least 3
weeks prior to making any payments. The HMRC recommends that you pay your inheritance tax
electronically via any of the following methods:-

1. Faster Payments Service (FPS)

2. Internet Banking

3. Telephone Banking

4. CHAPS 

5. Bank Giro

You can also pay your inheritance tax via cheque however this is not the recommended option. The
HMRC also will accept post dated cheques for tax if you have come to this agreement with them
directly or the cheque is post dated for a date prior to the deadline for payment and is for the
full amount due. 

In some cases, with certain assets it is possible to pay the inheritance tax in instalments over
ten years. This only applies to assets such as, shares, agricultural land and property, buildings
and businesses.


----------------------------------------------------
For specialist inheritance tax click here advice
http://www.twpsolicitors.com/uk-inheritance-tax-planning-advice/

Thomson Wilson Pattinson are probate solicitors in Windermere. http://www.twpsolicitors.com/

Posted by http://jrandallfrier.com