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Some of the cites we server are,
Why Oh Why Has Obama Selected Koh As His Top Legal Advisor?
Harold Koh: &Quot;Judges Should Interpret The Constitution According To Other Nations' Legal &Quot;Norms.&Quot; Sharia Law Could Apply To Disputes In Us Courts. The United States Constitutes An &Quot;Axis Of Disobedience&Quot; Along With North Korea And Saddam-Era Iraq.&Quot;
Why Would Obama Choose Harold Koh, A Man Who Supports Sharia Law, Opposes Us Constitutional Sovereignty, And Thinks That We Should Follow &Quot;World&Quot; Legal Standards As The State Department'S Legal Adviser?
Koh's critics insist his legal views undermine the U.S. Constitution and American sovereignty. Koh also has long held the U.S. should accept international law when deliberating cases at home. Under Koh's plan, the Constitution would become secondary and international law would take precedence regardless of what Americans said about the matter."
Obama nominated Koh as State Department's legal adviser -- an appointment that will give Koh far-reaching influence over the extent to which international norms affect U.S. law. Seems he cares as much, if not more about international law and integrating that into the American judicial system than he does about protecting American prerogatives and American sovereignty.
In the Berkeley Journal of International Law in 2004, Koh wrote, "What role can transnational legal process play in affecting the behavior of several nations whose disobedience with international law has attracted global attention after September 11th -- most prominently, North Korea, Iraq and our own country, the United States of America? For shorthand purposes, I will call these countries 'the axis of disobedience.'"
In a May 2003 Stanford Law Review article Koh wrote that supporters of the International Criminal Court should bring pressure to bear on U.S. opinion "with an eye toward persuading U.S. officials that the ICC actually serves U.S. interests."
What Information Should Be Obtained From My Personal Injury Lawyer....?
What Information Should Be Obtained From My Personal Injury Lawyer Before Hiring Him For My Case....?
It is your right to interview your lawyer. You can ask him about his previous cases before hiring him for your case. How many years of experience he is having? You can check the reviews and comments made by other people about their services.
If you are also looking for an experienced Personal Injury lawyer then Manibog Law, PC is the best.
What Are Our Odds In This Court Case? Lawyers???
My Hubby Was Served With A Small Claims Case On An Item That Was Charged Off. Here Are Some Key Facts:
The Amount Was Originally $689 And That Is How It Is Reported On His Credit Reports.
We Just Found Out About This Item A Few Months Back And Wrote To The Creditor Requesting Documentation And Validation Of The Debt. They Failed To Do So And Just Went Ahead And Filed A Small Claims Case Against Him.
We Have The Document That We Sent Requesting The Information That They Obviously Used To Have Him Served The Papers (We Had Not Heard From Them Regarding This Item Prior And It Was For Something That Was Apparently Bought Over 3 Years Ago).
The Amount They Are Trying To Sue Him For Is Over 3 Times The Amount Of The Original Item They Say They Charged Off.
I Am Just Curious What Our Odds Are Of At The Very Least Getting Them To Settle With Us Through The Small Claims Court If They Are Able To Produce The Proof We Asked For?
If they produce the proof you asked for or not - either way, they are going to have to provide documentation for the court pertaining to the original amount that was delinquent, and all other charges/fees assessed that made the charge off over 3 times what the original amount was. If they have no proof documenting the validity of their case/claim - then it's your word against theirs entirely. (Also remember, when a company charges off a debt owed to them, they by law can tack on all assessed standard business applicable fees pertaining to the account in which they are charging off. This can be late fees, OD/NSF fees, early close/termination fees, and in some cases filing/notice fees)
Having that said, having just a copy of the request you sent them does not prove that they received the letter. I know you feel they used the address info. from that correspondence to then subpoena you, however there are many ways creditors can figure out where you live. Any other correspondence you have with them via mail need to be sent via certified mail. This way you have a signature with date and time to show they got the letter and chose to ignore it.
As far as the FCRA (Fair Credit Reporting Act) - they didn't violate it by not providing you with any information upon your request. It's the consumer credit reporting agencies that are held liable if they do not provide response. They can only tell you what they were old though. If you chose to dispute the reporting, they then go back to the person who reported it originally through a 3rd party mediation service and mitigate additional information that may not have been available when the reporting was originally done.
To answer the first part of your question - small claims court is there to settle small disputes between seperate entities. But if they win.....you owe all of what they're awarded - and there isnt really a "pay as you go" plan for small claims court. You usually have to pay it all within a certain period of time, or there is a warrant issued for your arrest. If you meant in your question "settle" meaning settle for a lesser amount, settle out of court, settle through a payment plan: your best bet is to call them, speak with someone in their collections/escalations department and be an active participant in discussing fully resolving the issue prior to the court date. In this instance, if you make some alternate resolution with the creditor directly, small claims has no need to resolve the issue, because it's already done. The creditor drops the case, court is canceled, and you can begin repayment. Make sure though - when you do get the charge off paid in full - the creditor reports the repayment in full so it doesn't hang on your credit report as unpaid.
Hope this helps!!
see also: http://en.wikipedia.org/wiki/Fair_Credit_Reporting_Act
Should All Person(S) Within The Nation Of Canada Be Permitted To Have Legal Advice Or Police Services ...?
I Mean. What Does It Mean When A Man Has Had Several Crimes Committed Against Him And His Family. Had Performed Investigations For His And Family Benefit. Took Informations To People Who Should Have Been Gratefull For This Work Which Nobody Else Would Do For Him And Then Be Told By A Lawyer Not To Talk To Anybody About These Crimes. And The Police Say That These Crimes Are Not Their Business But That I Should Contact A Certain Government Branch. Uhmm...Which One Was It Now....?....Telecommunications Maybe. Or/And Health Care.
What...?...Do I Have 3 Heads Or Am I Being Denied My Rights As A Canadian Citizen...?
Why Can'T I Know How Much Endangered Is Myself And My Family..?
Police....Stink. But They Stink Because Some Person(S) Want Them To Stink.
So Stink They Shall.
Be Prepared To Stink Officer. I Am Going To Be Dropping Names Soon.
You sound like a paranoid, delusional, crackerjack rat fink. The cops should be putting your azz in jail for being such a numby
Can I Seek Legal Advice From My High School Counselor?
If I Did That Would Our Conversation Have To Stay Confidential?
Does He/She Have The Right To Report What I Say To The Authority Or Contact The Detective That Is In Charge Of The Case That I Am Involved In ?..
I Lied About Something In My Statement And I Would Just Like To Sit Down With An Adult To And Talk About What Is In My Best Interest. I Would Not Like To Have My Parents Involved In This.
Oh And I Am Still A Minor.
There's no legal confidentiality attached to school employees- they can relate anything you say to them to other people. In some cases, depending on what you say, they may be legally required to report it to another authority.
You can ask your counselor general legal questions (as you can from anyone), but they aren't a qualified source of legal advice- that's what lawyers are for.
Property Damage And Personal Injury Are Two Parts Independent?
From What We See Property Damage And Personal Injury Are Two Parts Independent Of Each Other In An Accident Where The Car Was Heavily Damaged And Injuries That Were Not Life Threatening.
Since The Property Damage Is Somewhat Of A Known And Easy To Calculate And Negotiate. And Personal Injuries Can Last Weeks Or Longer Due To Treatment, Physical Therapy, Etc.
When The At Fault Driver'S Insurance Company Sends A Check For Property Damage, Should The Check Be Held And Not Cashed Until The Entire Claim Is Over? We Know Signing And Cashing A Personal Injury Check Is &Quot;Release Of Liability.&Quot;
What Are The Negative Implications, If Any, On Cashing The Property Damage Check. By The Way With A Secondary Vehicle Available, Though It Is Not A Good Form Of Transportation Due To It'S Condition, A Rental Car Was Not Taken But Rather A Daily $ Allowance For The Injured To Just Use Their Old Second Hand Vehicle They Have.
This Brings Up The Issue Of When Do These Daily Allowances End?
Do They End The Date The Insurance Company Writes The Property Damage Check? Or If The Check Is Not Cashed By The Injured Do The Days Keep Mounting?
The Property Damage By The Adjuster Might Be Low Ball And Need To Be Negotiated Further As One Reason The Check Is Not Cashed.
Another Reason, If Valid, Is To Not Cash The Check Pending The Conclusion Of Personal Injury Damages ≫ Medical Bills, Lost Work Days.
Property damages (PD) and bodily injury (BI) are 2 totally different things.
With PD, easy, since, the at fault insurance either pays to fix, or if repairs exceed the value, they total it and pay fair market value. If, repairs, it is black/white. The adjuster gets the estimate, and they pay based on the estimate.
Since you are 3rd party, they issue the check to you. You can have a shop of your choice do the repairs (based on estimate) and once done, you can just sign over the check from the insurance company. Now, while the car is in the shop, then the insurance owes for a rental, and in your case, they are paying you daily (less) since you still need another car to get around, and with a rental, they are paying for salaries and business expenses, that you do not incur with your own auto.
Now, if you choose, you can cash the check and spend it however you like and not get the vehicle fixed and it is legal, and the insurance company does not care, since you have the choice to drive a damaged vehicle and they close their file. They will, stop any loss of use, since if you don't fix, don't get entitled for the daily rate they are paying you now. With PD, most companies will not have you sign a release, since once paid, you are done.
Even if there is a BI claim, NO insurance company expects you to hold onto the check, or not fix your car, since think about it, it does not make sense.
An injury claim could be settled w/in days if minor, or could take years, if serious. The adjuster will need all your medical bills, doctors reports, any lost wages etc, before they can even consider what/if any settlement is owed for BI. Depending on state laws, may determine if you must meet a thress-hold, like scarring, surgery, broken bones or a permanent impairment, and in others, even whip-lass is paid.
Now with a BI settlement, most all require you to sign a release before they issue a check to be paid. The reason is, they don't want you to come back later and complain of more injuries, so you have to be ready to settle or wait till all of your medical problems are solved, or if the statute of limitations runs, then you have to file a lawsuit to keep it open till settled.