Why Hire a Landlord Disputes Lawyer San Antonio with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?
If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Landlord Disputes Lawyer San Antonio appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.
When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.
You may have a general practice representative or someone you have dealt with in Landlord Disputes Lawyer San Antonio law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.
The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.
In your Personal Injury Claim, your witness statement is a document that will be used as your evidence-in-chief.
Your witness statement will effectively tell your version of events, and give you the opportunity to have your say in Court without having to go through the events again in the witness box.
However, there is more to a witness statement than a written note of everything that has happened. It is a formal, structured document that must adhere to certain standards to be valid.
If your case goes to Court, then you will be questioned on your witness statement by the other side and asked to expand on certain issues. This will be done in the witness box, before a judge, so that the Judge can hear your comments and build their understanding of your claim.
It is important that your witness statement is highly detailed as it will serve as an opportunity for you to go through the entirety of your claim in a single document. Anything not included will be given less weight or influence should your claim go to Court.
What Needs To Go Into Every Witness Statement?
Every single witness statement should:
- Be headed with the title of the proceedings;
- State the full name and address of the witness;
- Give the witness's occupation state the absence of occupation;
- Be typed if possible, and printed on single side A4 paper;
- Be divided into numbered paragraphs;
- End with a signed and dated Statement of Truth.
The Language in your Witness Statement
Your witness statement should 'tell the story' of your accident and recovery and the effect this has had on your life and those around you.
If the person who provided care and assistance to you is willing, it would be helpful if they did a supporting witness statement, detailing the care and support they provided to you. They should give as much detail as possible, regarding what jobs/tasks they carried out, how often this was done and how long it took them.
Financial Losses & Loss of Earnings
Under this section, you need to provide details regarding how much time you had to take off work and whether you received sick pay for this time. If your sick pay was less than your regular take home wage, you need to be specific about how much income you lost.
You should also use this heading to discuss how much money you had to spend on medicines, aids and other items that you would not have bought but for your accident.
You should provide evidence for any claim you make about finical losses; evidence can include copies of your wage slips, or receipts/invoices for items. These can be attached to your witness statement as exhibits.
Effect on Your Lifestyle
Under this heading, you should provide details regarding your injury's impact on your way of life. Did it stop you from pursuing your hobbies, going on holiday, spending time with your kids/grandkids? Did it impact on your relationship with your family, friends or significant other? Did it impact on your sex life? You need to seriously consider the effect your injury has had on you and include as much detail as possible.
You should now have an understanding of what a witness statement is, what it is designed to accomplish and how to put one together.
Child Custody: What Are the Different Types?
By definition, Incorporation is the forming of a new corporation (a corporation being a legal entity that is effectively recognized as a person, albeit a fictitious one, under the law). The corporation may be a business, a non-profit organization, sports club or even a government of a new city or town.
What are the legal benefits of incorporation? Well they are,
Incorporation services are provided by professional companies especially for the smaller companies that are trying to convert to a corporation. Services can include preparation and filing of all paper work, stock maintenance, sending and receiving official documents, handling stock ledgers and acting as registered agent for the company.
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About White Collar Crime
Every construction contractor and subcontractor has heard the term flow-down. A few probably feel they were washed away by flow-down. I don't think that's necessary and will suggest a better way.
Flow-down is what general contractors do in subcontracts. They incorporate into a subcontract all the terms of the prime contract - usually by stapling the prime contract to the subcontract. That saves a lot of typing. It also offers a (false) sense of security to general contractors. In theory, flow-down obligates the sub to do everything for the sub's portion of the work that the general contractor has to do under the contract.
So if the owner has a legitimate complaint about a sub's work, and if the prime contractor is obligated to make repairs, the sub has the same obligation. That's perfect symmetry and should protect general contractors. Flow-down is great for general contractors. Right?
But read the subcontract carefully before getting a signature. Add anything that applies to subcontracts only (i.e. payment terms, release of retainage) and eliminate anything that doesn't apply (i.e. notices and disclosures). Then make the changes required by state law. Many states have special rules for subcontracts.
If you want to see how this is done, there's a website with sample prime contracts and cloned flow-down subcontracts for both commercial and residential jobs. It's free.
If you write both prime contracts and subcontracts, you can makes flow-down easy. When the prime contract is done and signed, just turn that prime contract into a perfectly valid subcontract covering all the same issues - automatically deleting what doesn't apply, adding what's unique to subcontracts and accounting for any special state requirements.
Commercial Kitchen Equipment: Main Points To Keep In Mind
Jeremie Aladiere, the Middlesbrough star football player has recently been laid up for eight weeks with an ankle injury. He is just the latest in a long line of casualties to suffer from an ankle injury, the most common of all sports injuries.
Why is the ankle so incredibly vulnerable to sports injury? It is more common in sports that involve a 'side to side' movement rather than a 'straight ahead' action. This includes football, rugby and all court games, such as tennis, basketball and squash, as well as athletics.
Running on level ground is unlikely to result in an ankle sprain - but if you take part in cross country running, you should watch out!
In fact, ankle sprains are so common that it is estimated that around 25,000 ankle sprains happen every single day in the USA.
One of the most worrying aspects for sports people is that once you have had an ankle sprain, you are very likely to have another one, as the ligaments never recover their original strength! The percentage figure for re-injury is really high, even as much as 70% amongst people who play basketball. It really is the most aggravating of sports injuries!
As the sports injury continues to heal, your doctor will recommend particular exercises, such as side to side activity and circular movements. You will not be ready to go back to sports until you can walk down the stairs without any pain or hop on the affected foot four times without experiencing any pain.
Once you have suffered an ankle injury and all the pain and inconvenience it can bring, you are bound to want to do everything possible to avoid re-injury.
It is a really good idea to wear an ankle support to increase the chances of injury prevention and keep your ankle safe in future. Ankle supports are the kind of product that are often never considered until it is too late and there has already been a sports injury.
However, by taking a proactive approach to injury prevention and using an ankle support or ankle brace, you can help reduce the risk of having to sit on the sidelines.
Negligence - What is It and How Do You Prove It?
The bronchi make the connections between the lungs and the windpipe. They are lining of your bronchial tubes and allow air to flow into your body. These bronchi can get infected, or inflamed making it harder fro air to travel to the lungs. This condition is called bronchitis.
Apart form making it very difficult to breath, the inflammation of the bronchi can also cause mucus in the airways, or phlegm. There are two types of bronchitis: acute and chronic bronchitis. There can also be another type of bronchitis, but only in people who suffer from asthma.
The first type of bronchitis, the acute one, can develop from a cold that you might suffer and usually lasts a week at the most. It can also be caused by viral infections. It is accompanied by cough, pain in the middle of the chest and sometimes even fever. When suffering from acute bronchitis, one might experience some shortness of breath, but very little and fro short periods of time.
As bad as it all sound, things are not that bad. A case of acute bronchitis usually lasts only a few days. The cases that are more severe can also produce chest pain. Chronic bronchitis has very minor symptoms and it can be easily treated. There are cause when the symptoms may get worse over the years and even start to threaten once' s life at some point, but these are rare cases.
Child Custody: What Are the Different Types?
Potential clients seeking relief in the Texas appeal process must act quickly to preserve as many of their rights as possible. The appeal timetable is unforgiving. It must be complied with strictly to preserve a person's right to review in Texas appellate courts. Texas criminal defense lawyers, and prospective appeal clients alike, must be familiar with the applicable time limits regarding criminal appeals.
The day of sentencing is the critical date in the Texas appeal process. Most time limits imposed in a criminal appeal begin to run on the day a defendant is sentenced. Generally, the defendant has 30 calendar days within which to file a motion for new trial. Perfecting appeal also requires the defendant to file a notice of appeal, which vests jurisdiction in the appellate court, within this same 30 day period.
In a plea bargain situation, where the trial judge accepts, or does not exceed, the punishment recommendation by the prosecutor, a defendant typically waives his right to appeal except for matters raised by written motion and ruled upon prior to the plea. For example, motions to suppress evidence, ruled upon prior to the plea, are types of such appealable matters. Most appeals, however, result when a person's guilt or innocence is contested and fought-out before the trial judge or jury. A convicted defendant then appeals the finding of guilt. Also, errors committed during the punishment phase of the trial can be raised during such an appeal.
After notice of appeal is filed the defendant may request an appeal bond, provided the sentence did not exceed ten (10) years confinement. Granting an appeal bond is within the trial judge's discretion. The judge may also order the defendant comply with bond conditions. Such conditions include regular reporting, a curfew, or other reasonable conditions while on release pending appeal.
If you have any questions about the appeal of a criminal case in Brazos County, or other jurisdictions in Texas, please contact a Texas appeal attorney immediately to discuss your case.
Occupational Noise and Industrial Deafness
Negotiations with creditors have failed. Repossession is imminent and foreclosure proceedings have begun. Your income is simply not sufficient to pay your bills, no matter how low the payments are. It may be time to consider bankruptcy.
Bankruptcy law evolved as a reaction to the abuses surrounding debtors prison. Before the nineteenth century a prison system existed for those who didn't pay their bills. If a merchant filed a claim, the debtor was incarcerated until his debts were paid. (Women were not found in debtor's prison, not because of chivalry but because they did riot have the ability to borrow). The lender was legally responsible for the expenses of the prison stay, including food, but seldom paid. After all, a debtor would have to sue in order to enforce this law, and it was rather difficult to sue when in prison. As a result, many borrowers languished in prison for years, surviving on what their family could bring to them or, in many cases, simply starving to death. Although some lenders would doubtless not object to the renewal of debtor's prison, fortunately we live in more enlightened times. Bankruptcy was created to provide a second chance (or third, or fourth) to those hopelessly in debt It provides a mechanism to wipe the slate clean and begin anew. As times have changed, though, so has the bankruptcy code. Not all debts can be wiped out. The proceedings can be easily disqualified in the event of improper procedures. There are many things a debtor should know before resorting to bankruptcy.
The Bankruptcy Decision
There are two kinds of individual bankruptcy: Chapter 7 and Chapter 13. Chapter 7 bankruptcy, named for the chapter number in the bankruptcy code, requires a full liquidation of all debts and cancels all no-exempt debts. Chapter 13 bankruptcy is essentially a court-mandated payment plan that sets up affordable monthly payments to your creditors,
The decision to declare bankruptcy is not an easy one. Unfortunately, many bankruptcy attorneys recommend bankruptcy to just about anyone they consult with. All too often frightened consumers are advised to declare bankruptcy just to avoid a few debts. This is a mistake. Bankruptcy should truly be a last resort as the legal system meant it to be. A bankruptcy appears on your credit for ten years, and although lending criteria are slowly changing, many lenders will not even consider an applicant who has had a bankruptcy. What's more, a Chapter 7 bankruptcy can cost you most of your property. Before making a decision to declare bankruptcy, estimate how bad your situation really is. On a piece of paper, make a list of all your assets and the approximate value they could be sold for. On the other side, add up all of your debts. If the debts exceed the assets by a large percentage, you may wish to consider bankruptcy. On the other hand, if it seems that your situation may improve (you may get a new job or a second income), or if your assets are of greater value or close in value to your debts, a different approach may be appropriate.
Negotiate with your creditors
Explain your situation and ask for more time to pay. If the creditors refuse and continue to threaten garnishment tell them such action would force you into bankruptcy. No creditor wants to hear the "B" word. Using bankruptcy as a threat is a very powerful negotiating tool, confronting creditors with a choice between getting a little each month or probably getting nothing through bankruptcy. Don't try this tactic on secured creditors. They may decide to repossess your property to avoid having to go through court.
Contact Consumer Credit Counseling
As mentioned earlier in the book, Consumer Credit Counseling is a non-profit group funded by creditors to help consumers negotiate repayment plans. It is often able to negotiate payment arrangements better than the individual because of its constant contact with a variety of creditors. If you can't negotiate a satisfactory arrangement, give these people a try. Remember, the fact that you are using credit counseling may appear on your credit record.
Consider Chapter 13 bankruptcy
This kind of filing allows you to repay your debts in a court-mandated fashion and will appear on your credit record for only seven years, If negotiations fail or there simply isn't enough money to make ends meet Chapter 7 bankruptcy may be your only option. Bankruptcy does not necessarily discharge all debts. If your debts are exempt from bankruptcy, filing will do very little to improve your situation. If a co-signer was used, the debt would then be owed by the co-signer, unless that person also declared bankruptcy. In community property states a spouse's assets and debts would also be included in the bankruptcy, assuming they are community property. Consider all very carefully before deciding to file.
Non-Dischargable Debts - Bills You Have To Pay In Spite Of Bankruptcy
Certain kinds of debt cannot be automatically eliminated by bankruptcy filing. They must meet certain requirements before being eliminated by bankruptcy. If most of your debts are non-dischargeable, bankruptcy may not solve your financial dilemma. The only ways a non-dischargeable debt can be eliminated through bankruptcy are through an exception being granted by the court, a certain period of time transpiring since the debt was due, or because the creditor does not object to the discharging of the debt. Certain debts can only be discharged by an exception. They are:
The Filing Process
All the appropriate papers can be obtained from your local bankruptcy court. Consult the yellow pages under Government Services (usually in the beginning of the book) for an address and phone number. The court allows you fourteen days from the date of an emergency filing to complete the formal process. If Chapter 7 bankruptcy is being filed, you will need to send in the following forms after you have received them from the court:
· Statement of Financial Affairs.
· Schedule of Current Income and Current Expenditures.
· A schedule describing your debts.
· A schedule describing your property.
· A schedule listing exempt property.
· A summary of the above schedules.
· Statement of Intention in regard to your secured property and what you intend to do with it
· Statement of Executory Contracts describing contract that will need to be fulfilled, such as auto leases.
· Bankruptcy Petition cover sheet.
· Mailing addresses of all creditors.
· Any required local forms.
A fee will also be assessed, usually $90, due at the time of filing. The court will usually accept installments of a four-month period. An application for installments must accompany the petition.
After your petition is filed, a meeting of the creditors will be arranged. The court appoints a trustee to preside over the meeting and to be responsible for the liquidation of assets. With most smaller bankruptcies, only the person filing and the trustee will attend. The trustee, who is usually a local attorney, will ask several questions about the information on the bankruptcy documents. Call and ask the court clerk what papers you will need to bring (usually financial statements or sometimes even tax returns). If a lot of property is involved, especially if it is nonexempt, property, your creditors may show up to protest any exemptions. They may also attempt to grill you about your intent to pay the bill or about lying on your application. Answer truthfully and there shouldn't be a problem.
If the creditors' attorneys become abusive, demand a hearing before the bankruptcy judge before the proceeding goes any further. If the creditors object to any of your exemptions, they have 30 days after the creditor's meeting to file an objection with the court. The court will schedule a hearing and you will be given the opportunity to respond, although you don't have to. A creditor may also try to claim a debt as non-dischargeable because of fraudulent acts, a @ or malicious act, or embezzlement or theft. He can only accomplish this if he successfully raises the objection within sixty days of the creditors' meeting. To defend yourself, you or your attorney will have to file a written response and be prepared to argue your case in court.
Once all the requirements have been met and your intentions have been made clear, the court can declare the bankruptcy discharged. No formal hearing will be held unless you have chosen to reaffirm your debt in which case the judge will want to be sure that you understand what you are doing. After this time, provided the creditors do not raise any objections, the dischargeable debts are erased.
Picking Up The Pieces
Bankruptcy was once the lowest disgrace that could befall someone. Today, however, it is commonplace. Corporations declare bankruptcy to get out of contracts or avoid legal judgments. Individuals rely on it to protect them from a society that extends credit too quickly.
Bankruptcy does not mean that you will automatically be denied all credit for ten years. In fact, many firms look at bankruptcy as a responsible way of discharging debts when there is no other way out. Creditors fear bankruptcy, but they also realize that if they lend to someone who has declared bankruptcy, they need not worry about another bankruptcy for seven more years (you can only file once every seven years). If you happen to have a good explanation for the bankruptcy, such as medical bills, divorce, or some other catastrophic event, a creditor may be willing to overlook it and extend credit. Ask potential creditors about their policy toward bankruptcies. Their responses may be surprising.