A Debtor’s Legal Rights and Protection Against Creditors and Debt Collectors

 Macon Gravlee

If you find yourself in trouble repaying your debts, it can be very useful to understand exactly the way debt collectors are allowed to act by the law when attempting to contact you. Here is some insight on your legal protection against debt collectors.

First and foremost, you should understand that the Consumer Protection Act protects you against not only your creditors but also the debt collectors at the State Level. A collection agency is prevented from calling you at odd hours, and more than twice in a period of 7 days when they are calling your home. If they are trying to reach you by another location apart from your home, they can only call you twice in a period of 30 days.

When they call, they MUST reveal their true identity and the name of the creditor — their employer whom they are collecting the debt for. As mentioned, the Acts prohibits them from calling at odd hours. They are only allowed to call at a time when it is expected you should be awake. If they don’t possess specific information on your wake and sleep schedule, they should only call between 8a.m. and 9p.m.

The other right as a debtor that you have is that your creditors are not supposed to charge you any costs incurred for long distance phone calls or such like costs incurred when conducting you. If you ask your creditors and collectors not to call your work place, they shouldn’t do so. An oral order not to call your workplace remains in effect for up to 10 days while a written order of the same and sent within the 7 days of the oral order remains in effect until you write again to annul it.

If you inform the collection agency or your creditor that they should only deal with your lawyer, the law prohibits them from making any direct contact with you. When making a visit, they are only allowed to do so at your convenience, a time when you are awake, between 8a.m. and 9p.m. Still on point, they can only visit you once every 30 days for each debt owed, unless you permit them to make frequent visits. Collectors are not allowed to use any false threats of legal action or use obscenities/profanities when communicating with you.

Your privacy should be respected by both debt collectors and your creditors. They are not allowed to send you collection notices in a way that openly displays or suggests that you owe them any money. For instance, they aren’t supposed to send you a postcard that can openly be read by anyone or indicating their return address on an envelope addressed to you that clearly indicates you owe them money and they are trying to recover it. They are legally barred from discussing your financial status with anyone else; be it your employer, neighbor or even a relative.

There are some extra rules applicable only to debt collectors and not creditors at the federal level. For instance, a debt collector has to verify that you do owe the money they have been appointed to recover. In case you write to them within 30 days of their first communication to you and state clearly that you don’t owe the money, they have to cease from contacting you until they send you a copy of proof of the debt before they proceed with debt collection.

You are allowed to prevent a debt collector from contacting you by asking them in writing to stop any further communication. The only further contact they should make is to inform you that they have stopped contacting you. However, they can contact you if they are taking any further action, say by suing you.

Bail Bond Agencies to Avoid

There are many ways that the bail bonds process can go horribly wrong, and you need to make sure you do your best to avoid each of them if you want to bail someone out of jail with minimal fuss or hassle. If you just pick any old bail bond agency to handle your application, you could well end up with more problems than you started with, and at the end of the day, the person you wanted to bail out of jail may still be there because of those problems. Choosing a good bail bond agency isn’t that hard, but there are a few things that you can look out for.One thing to ensure is that you choose a larger agency. Don’t just pick a small team of 1 or 2 people to handle your application. Although most of them will be fine, a lot of these small teams simply don’t have the resources to handle the bail bonds process quickly and efficiently. You also have to ask yourself why these people haven’t been able to grow their business and hire more people. If they were a truly successful bail bond agency, their business would be growing all the time and they’d slowly acquire quite a large team of people. Since that is clearly not happening, you need to be wary. Large teams will be able to delegate different parts of the process to different people, and will have system in place to ensure that mistakes aren’t made.Another thing to remember is that bail bond agencies rely on reputation, and any good quality agency will show you testimonials from previous clients and will have good standing in the local community. If you can’t learn more about the agency through their website or by talking to them, it’s possible they’ve got something to hide, and the last thing you want is to be dealing with someone whom you can’t trust.Remember that there are plenty of bail bond agencies to choose from, and that agencies who make outlandish promises probably can’t be trusted. If an agency gives you all sorts of empty promises that ultimately add up to nothing, you should probably wonder why they are giving you those promises. Is it because they are desperate for your custom? Any good bail bond agency will always be busy with a large number of bail bonds that are being processed; if an agency tries to “sell” itself too much, you should be wary.In these modern times, a website is almost a necessity for any high quality bail bond agency. If you can’t access a company’s website, you have to wonder why they aren’t putting information about their business online. If a company has a fully functional website with plenty of information, they can probably be trusted, and then it’s just a matter of speaking to someone at that agency to find out more. If at any point you have any concerns, you should bring these up with the agency, and make sure that you are satisfied with the answer you receive.

All You Need to Know About DUI

People do not understand the reason why there is so much stress given on the fact that no one should drive when they are drunk. The intoxication of our mind is dangerous to driving, not only to our life but also to the life of the other drivers and pedestrians on the road. We should always appreciate the life we have been gifted by God and hence should also regard the fact that driving while being drunk is a serious offense and is daunting not only for yourself but for all the drivers on the road. That is the major reason why drunk driving is strictly prohibited and hence severe charges are implied on people who are caught driving while intoxicated with alcohol or drugs.In clear terms, DUI (driving under the influence of alcohol and drugs) is described as the act of using a vehicle while clearly being not in their regular senses and is a criminal offense in almost all the parts of the world. It is shocking to find that in the United States alone out of 39% of road accidents is attributed due to DUI which actually comes up to the $51 billion cost on an annual basis. On more specific terms, it has been researched and concluded that 44% of traffic casualties in the United States is due to alcohol intoxication.Criminal Offenses pertaining to the driving cases usually are termed as driving under the influence (DUI), driving while intoxicated (DWI), driving under intense influence (DUII), operating a motor vehicle while intoxicated (OMVI), operating while intoxicated (OWI), based on the jurisdiction. In the initial times of drunken driving cases, the charges were implied on tests and experiments such as standing on a single leg for 45 seconds, walking in a straight line, and lastly the final judgment depended on the officer’s opinion on the intoxication of the drunk.When the scientifically proven tests for checking the alcohol in the blood were established that is the tests to check the blood alcohol content (BAC), this helped in strictly pinning down the culprit for the offense he/she had committed. BAC is a very simple test and is actually expressed as the percentage of alcohol in given amount of blood. Even though, no measuring units are assigned for these kind of tests, but yet in most of the European nations it is referred to as in milligrams of alcohol in 100 milliliters of blood. However, it is most conveniently expressed in percentage and thus, it is illegal for a person with BAC of 0.08% or more to drive on the road.Usually, the penalties or charges against the drunk driver vary from nation to nation. However, in the United States by the stringent efforts of organizations like Mothers against Drunk Driving, stiffer laws and punishments have been incorporated for drunken driving cases. There are huge fines and penalties for cases of drunk driving and experienced DUI attorneys mostly defend the offenders by converting the charges into lesser offenses.When we are driving while being drunk, it is not only our lives which is getting endangered, but there are several others on the road too, whose life also gets affected by a simple mistake from our side and hence it is our duty to be law-abiding citizens all the time when we are on the road and to strictly follow the rules of not driving while we are drunk.

Some Factors To Consider When Hiring A Law Firm

Legal matters are known to be complex and hard to interpret especially if you do not have enough background knowledge of the law. Even if you have little knowledge of how legal issues should be handled, there are some that are too complicated to the extent that only a qualified lawyer can understand them well. That is why you need to have an idea of where to get a qualified lawyer whenever you are having a legal issue to solve. Numerous legal firms provide different types of lawyers including will lawyers. It is important for you to understand how these legal firms work and the kind of legal services they offer so that you can know who to contact in case you have a matter that needs the intervention of a lawyer. This article seeks to provide you with a couple of factors that you must put into account whenever you are seeking to hire a law firm.

The first and most important factor that must be considered whenever you want to hire a law firm is the reason you want a lawyer. There are many reasons why people hire lawyers. For instance, they could be having a difficult court case that requires legal representation, they could be writing their wills, signing contracts, purchasing or selling a property, seeking compensation, and so on. If you are looking for will lawyers then it is important for you to concentrate on the law firms that provide the specific services you need. Some law firms are large enough that they are a variety of divisions, each one dealing with a different legal aspect.

Many people often have problems when settling issues pertaining to how to handle estate matters when someone has died. Beneficiaries of an estate in question often need legal representation in order to receive a fair share of the property. Therefore, the services of wills lawyers are very important. Wills lawyers act as your personal representative and offer professional advice on what should be done.

The role of estate lawyers is to provide the best advice to a beneficiary of an estate, as well as the executors, on how to handle all affairs of the estate. This includes how to handle probate assets, insurance proceeds, tax issues, sale of estate property, settling any misunderstanding between estate beneficiaries and probates among other factors in estate law. A skilled lawyer therefore has a complete understanding on how each step should be carried and in a highly professional manner so as to expedite the process of securing fair justice.

Those are just two examples of specific legal issues for which there are specialized lawyers. It is therefore important for you to take time and search for a firm that is reliable and that will give you quality services. The firm must be able to provide you with the best lawyers, preferably those that have handled similar assignments a number of times before. You have to check the experience of the lawyers that your law firm provides you with. As much as learning and passing exams is important in the legal field, experience is what matters most. A lawyer gains confidence and experience by handling several difficult and complex legal matters. If you hire a will lawyer who is new in the profession, chances are that he may not be very effective. It is also important to consider the cost and make comparisons between different firms before coming to a final decision.

About the Author:
Paul Malcolm writes on a variety of subjects including legal issues.

Weltman Bernstein is a leading Toronto law firm offering a wide range of legal services. Contact these expert Toronto real estate lawyers for legal services ranging from creating wills to purchasing a house.