The American justice system is unique in the world, as the
5th amendment clearly states that no person shall be prosecuted twice for the
same crime. This is important, as it prevents the government from punishing
someone found not guilty of a crime by continually trying them in order to get
the results it desires.
Most people then think that if someone is acquitted in a
criminal case, that is the end of the story and justice has been served. This
is true in the strictest sense of the law, as the 5th amendment prevents the
government from trying someone again in a criminal setting for criminal
What that doesn’t mean is that you can’t sue someone that
killed someone you love in a drunk driving accident in a civil court. Civil
courts cover the realm of law that deals with interactions between people, and
if someone you love was killed in a DUI accident you can often sue the person
responsible for wrongful death or other associated claims.
There have been many famous cases where this aspect of the
law has been applied, and not just in DUI accident situations. Perhaps the most
famous one is the O.J. Simpson trial. While the criminal courts found him not
guilty of the murder of his two victims, a civil court found him responsible
for their wrongful deaths, and awarded their families a significant financial
settlement to compensate them for their loss and pain and suffering.
If this seems like a contradiction, it’s not. The law looks
at it as if the criminal aspect and the personal aspect of a certain act as two
separate parts of one whole. The criminal courts did not prove that the person
in question acted criminally, and thus they have no legal ability to punish
You want to win big in court. Guess what – so does the other
side! They may not have your tools, though.
When you go to court, you have only one thing you want at
the end of the case – a court order.
Everything else is fluff and filling. If you go into court
with a complaint against your neighbor and you spend a lot of time talking
about the angry looks he gave you while you walked your dog or his pot shots at
your kids when they went past his property, if these are not part of your
petition, you are setting yourself up to lose.
You need to keep your eye on the ball, so to speak.
A complaint in law has certain specifications identified in
the law. For instance, if you want to bring a complaint regarding someone
taking your property and using it as though it was his own and preventing you
from using it, which materially affected you so you can set a monetary value to
the damages, this is called “conversion.”
To prove conversion in court, you must establish that the
property is yours, that the property was deliberately taken and used by the
defendant, that you were deprived of the property and its use, and this
deprivation was damaging to you. These four elements must be present to prove
If you go to court and instead spend all your time talking
about how rude the guy was, but do not prove either that the property was yours
or that he refused to allow you the use of it, you have wasted your time in
court and he could very well win this case. All he really has to do is deny
your allegation and the burden of proof is …
The majority of the
Americans find themselves struggling with overwhelming debts day by day due to
the recent economic depression. In their depression, many consumers have
selected debt settlement companies which show them up in big advertisements and
ultimately ended up in sinking them deeper into debt. In this situation they
did not find any remedy than filing a bankruptcy case. That is the only way out
to be free of getting harassment calls from the collection agencies.
does any good to consumers, nor to the creditors. It blocks the whole financial
future of the victim as well as causes the gradual downfall of the financial
establishments. The introduction of new
meant to minimize the above cycle growing too far.
In the past, the
creditors did not like to have settlement deals with debt relief companies
because they wanted the consumers to pay them in full. But recession turned
their expectations upside down as the consumers started filing bankruptcies
instead. This alarmed the creditors and they understood that they will not be
able to recover at least a portion of money that was owed, if they continue
their aggressive way. Thus, the new federal debt laws assure that though the
consumers pay their debts in half way, their account will be settled as a
‘payment made in full’.
Under the new laws,
the protection of the consumer is guaranteed at the beginning of the debt
settlement program. The F.T.C. laws prevent the debt relief companies from
charging on any service fee at the beginning of the program. This method
prevents scams and fraudulent companies entering this business. On the other
hand, it provides a chance for all the debtors to try it without entrusting
their last few dollars.
debts through a debt settlement program is considered …
What are the various
points because of which debt settlement has overtaken bankruptcy as the most
popular debt relief option? The first modification made by the 2005 amendment
was the compulsory credit counseling session done within 180 days of filing of
a chapter seven bankruptcy.
If the government
approved expert does not agree to such a move, you obviously are going to face
a lot of problems. The credit counseling session can come up with serious
complications especially after you have filed for bankruptcy.
As you would know, the
60 day period after bankruptcy is very important and the lenders invariably
file dispute charges against the borrower with in this time frame. If the
credit counseling session does not go in your favor, you certainly are going to
end up with complications on your hand.
Secondly, the means
test introduced by the law means that you will have to satisfy the court that
you do qualify for chapter seven. Merely your opinion that you are facing debt
problems is not going to suffice. The opinion of the court and the satisfaction
of the judiciary matters a lot. In such a scenario, there is a possibility that
your planning for chapter seven bankruptcy may go waste as the law may order
you to go in for a chapter thirteen bankruptcy.
Thirdly, nobody wants
to let go of their assets. However, hiding the list of assets from the court in
a bankruptcy proceeding can be very dangerous. There is a possibility that the
individual may end up going to jail because the promise made to the court is
made under oath and at the risk of punishment for perjury.
In such a scenario, a
debt settlement deal which is nothing but a private contract between the lender
and the borrower is a …
There was a time when people could get out of a difficult financial situation by filing bankruptcy and get a trouble free fresh start. But with a change in laws, free debt help has come to the rescue of the masses so that what has been changed by the new laws can get people some respite.
Today what people face are the changing implications of the personal bankruptcy rules given in chapter 7 of the bankruptcy code. According to the new rules, anyone filing insolvency will have to pay some part of the debt that he or she owes to the financer. Besides that, there are many other types of loans which are not exempted from being written off, such as student loans and government taxes have to be paid in full without any reductions.
These changes in the
laws have made bankruptcy an option which should be considered the least when
it comes to resolving debt issues.
When one passage shuts
new avenues appear. This is what happened with the implementation of the new
bankruptcy rulings. People found debt relief as a far better option in the
current scenario. With a bankruptcy you will end with a very low credit score,
but on the other hand a settlement will give you a lesser damage. Besides when
you have to pay a part of the debt then it is best in everyone’s interest that
maximum amount is waved off. This is what relief options offer.
If you are in need of
free debt help you have a better chance of finding it online. Free debt help is
available for all those who have a balance in debt exceeding $10,000. There are
relief networks that provide information regarding personal debt elimination.
Here you can learn all about the available options that …