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Wednesday, February 16, 2011

I was injured in an accident and now my attorney has sent me a long list of multiple questions sent by the insurance company lawyers called interrogatories. I don't see why I should have to take my personal time to answer these when I was the one that was injured. Do I absolutely have to answer these?

Yes. If a law suit has been filed on your behalf, you must answer interrogatories. But, don't spend from here to eternity writing a book. It it's any comfort, your attorney has the right to send questions and requests for documents to the insurance company lawyers. Make sure these have gone out, and get a copy of the answers.

Rise to the challenge and do a great job. Like a baseball player stepping up to the plate against that feared pitcher with the fastballs, take your best swing and hit it out of the park. If they throw curveballs, you have an opportunity to connect with the ball and slam it over the green monster. (That's what us Red Sox fans call the left field wall.)

That's your job here. The law is that the mere fact of an injury does not automatically entitle a person to recover. Court rules place the burden of proof on the injured person. So, accept the opportunity to state all of the facts, whether they are your observations at the time of the accident, or the recounting of what you went through afterward.

Sunday, April 11, 2010

Bills are overwhelming us, especially credit card debt. Is it to our advantage to think about debt consolidation?

Many credit counseling and credit repair agencies, in the experience of my clients, in fact do more damage than good. Some, again in my experience through my clients, are outright fraudulent.

The only credit counseling that you should really investigate is through the agencies that are approved by the U.S. Justice Department. You can navigate to a list of approved agencies by going on to the website for the U.S. Bankruptcy Court in your jurisdiction. Then, find the page for the U.S. Trustee. They will have a tab guiding you to approved credit counseling.

In my experience, through my clients, if something can be worked out, they will let you know and help you. If not, they will tell you whether bankruptcy is appropriate.

At that point, retain experienced local bankruptcy counsel to guide you through the complexities of the bankruptcy law and procedure.
We want to file a chapter 7 bankruptcy. Will we be able to keep our cars and still be able to discharge credit card debt? How do we tell if we make too much money to even file a chapter 7?

Whether or not bankruptcy filers can keep any individual piece of property depends on many factors, including how much property is owned and what exemptions are available to cover the property.

Volumes are available on the subject, so here's a summary in response to your general question. In 2005 Congress amended the bankruptcy laws, imposing a "means test". If your household's average monthly income over the last 6 calendar months is less than the census bureau's statistics for current monthly income in your state, then you qualify for a chapter 7 discharge. If not, then you would likely qualify for a chapter 13, which requires that you pay a certain percentage of your debts in a "plan" over the next to five years.

Even though bankruptcy law is federal, the next question is whether all of your assets, including any equity value in your real estate, car(s) or other property is protected by exemptions available under your state law.

Finally, bankruptcy requires review of your entire financial situation including all debts, income and assets. I highly recommend that you seek representation from an attorney in your jurisdiction who is experienced in bankruptcy law.

My girlfriend and I live together. She very badly wants to have a baby. She has agreed that she will never go against me for child support. What paper or form can I have her sign in front off a notary so that this will be legal?

There is no such form or paper. Not that would be upheld in any court of law in this country. Child support is the right of a child to receive proper support from the adults in its life. Parents have no legal authority to waive the rights of a child.

All that notarization does is confirm that the signature is that of the person who it purports to be, and that the document was signed for the purposes stated in the document. But, notarization does not magically transform an invalid piece of paper into an enforceable legal document.
Here's a question that I've actually received a number of times: There is an error in my name as it appears on my marriage certificate. I am very unhappy in the marriage. Does that mistake mean that my marriage is null and void and I can walk away without having to go through a divorce?

Hey, that would be easy, wouldn't it! I wish the IRS would spell my name wrong when they mail me things and then .... no, you and I can't even think this way.

Scrivener's error is a term meaning something similar to a clerical error. For example, in the description of the property boundaries in a deed there may be a typographical error. This does not, without more, mean you own your neighbor's yard.

In your case, if it was an innocent mistake on the part of the clerk who entered your name into the system to produce your marriage certificate, and if you entered the marriage with intent to marry, the typo is not a valid "get out of jail free" card, invalidating your marriage.