Posts tagged: Creditor

Dec 29 2011

Injury Law Firm

A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service provided by a law firm is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to represent their clients in civil or criminal cases, business transactions, and other matters in which legal advice and other assistance are sought.

 

If you have the injury in the work place or some other place and you want have the law firm, then you have to know what kind of law firm you will have. The following details will help you.

 

Law firms are organized in a variety of ways, depending on the jurisdiction in which the firm practices. Common arrangements include:

 

* Sole proprietorship, in which the attorney is the law firm and is responsible for all profit, loss and liability.

 

* General partnership, in which all of the attorneys in the firm equally share ownership and liability.

 

* Professional corporations, which issue stock to the attorneys in a fashion similar to that of a business corporation.

 

* limited liability company, in which the attorney-owners are called “members” but are not directly liable to third party creditors of the law firm

 

* Professional association, which operates similarly to a professional corporation or a limited liability company;

 

* Limited liability partnership (LLP), in which the attorney-owners are partners with one another, but no partner is liable to any creditor of the law firm or is any partner liable for any negligence on the part of any other partner.

The LLP is taxed as a partnership while enjoying the liability protection of a corporation.

 

Law firms range widely in size.

The smallest law firms are sole practitioners (lawyers practicing alone), who form the vast majority of lawyers in nearly all countries.

 

Smaller firms tend to focus on particular specialties of the law (e.g. patent law, labor law, tax law, criminal defense, personal injury); larger firms may be composed of several specialized practice groups, allowing the firm to diversify their client base and market, and to offer a variety of services to their clients.

 

Large law firms usually have separate litigation and transactional departments. The transactional department advises clients and handles transactional legal work, such as drafting contracts, handling necessary legal applications and filings, and evaluating and ensuring compliance with relevant law; while the litigation department represents clients in court and handles necessary matters (such as discovery and motions filed with the court) throughout the process of litigation.

 

As legal practice is adversarial, law firm rankings are widely relied on by prospective associates, lateral hires and legal clients. Substantive rankings typically cover practice areas such as The American Lawyer’s Corporate Scorecard and Top IP Firms. Work place rankings are directed toward lawyers or law students, and cover such topics as quality of life, hours, family friendliness and salaries. Finally, statistical rankings generally cover profit-related data such as profits per partner and revenue per lawyer

For more information on Injury Law Firm you can visit http://www.kevinlucey.com

Jul 14 2010

Credit Card Debt Law – What Are Your Rights?

Credit card debt law, including the new credit card Accountability Responsibility and Disclosure Act of 2009, gives you significant rights. The new Act which became effective in February of 2010 requires companies to actually mail bills at least 21 days prior to the due date of the bill.

Unless you are 60 days late in payments, the lender cannot raise the interest rate on existing balances on your card. Notice must be provided at least 90 days prior to a rate hike. Payments must also be applied to the highest rate balances first, not the lowest interest rate.

What about collectors?

You have the right and obligation to dispute a debt if it is invalid or that has been incorrectly calculated. The dispute must be done in writing and in a manner that allows you to prove receipt. Many times the amount of a debt is not clear. Interest rate changes are made unannounced, penalties assessed, etc. to the point that you cannot tell what the actual principal amount is that was owed and how much of the claim is interest. If the amount is not clear, it should be disputed. The collector then must obtain written confirmation.

A debt that is more than four years old since the last payment was made is probably time-barred in most jurisdictions. In other words, the statute of limitations has expired on that debt. You should check the time limit in the state where you live.

When you talk to a creditor on the phone, keep a log of who was on the line, when the conversation took place, and the substance of the discussion and any promises made. Follow the conversation with a letter summarizing what was discussed with a request that the letter be placed in your file.

If a creditor is abusive on the phone, politely end the call. Unless they are the original creditor, you have the right to notify the collector in writing to cease all communication with you at home, at work, on your cell phone, or at any other location.

Know your rights under credit card debt law.

Jul 09 2010

New Credit Advice: Don’t Pay off Those Credit Cards!



Credit needed for real estate mortgage financing differs from credit needed for consumer loans. If you need help getting a home mortgage, these credit tips will help you.

Contrary to what many credit advisors say, paying off credit cards each month is not always the best action to take. When making credit card payments, don’t pay the balance in full each month — let a little roll over. Carry a balance on your credit card every other month –as little as a dollar. Paying balances in full does not increase your credit score; paying balances in full may in fact lower your credit score. Accounts with zero balances do not compute significantly in your total score. For instance, a credit card with a perfect payment history and no balance will not raise your credit score as much as a credit card with a low balance. Any balance keeps the card active so it computes in your credit score.

You most likely have been advised to cut up your credit cards and close your accounts. Following this advice degrades many credit scores.

Canceling Credit Cards

Canceling credit cards can lower your credit score. Keep your longest-term credit card account open to show long-term credit history. If this account has prior late notations, negotiate with the creditor to drop negative reporting on your credit history file. Slowly close out newer accounts after they are paid off. Keep your best accounts open — those paid on time or reporting “pays as agreed” and with the longest history.

Credit card companies may raise your rate if you cancel a card before it is paid off; it is best to keep accounts with outstanding balances open until you pay them off.

Perfect Balance of Credit

1. Mortgage over one year old with all payments on time

2. Visa Card or Master Card with less than 10% of available credit as balance due

3. Discover or American Express Card with less than 10% of available credit as balance due

4. Auto loan either paid off or paid down with low payments compared to monthly income.

Debt-to-Income Ratio

Credit scores do not reflect income — credit bureaus do not have income reported to them. However, real estate lenders look at the consumer debt-to-income ratio — the amount of monthly debts in relation to the amount of earnings. Consumer debt is more highly regarded/scores higher if total debt is under 20% of net income, or total monthly payments on all debts is less than 35% of monthly gross income.

Qualifying Ratios

Lenders want the total debt ratio (the percentage of total monthly payments, including the new mortgage, to income) to be less than 33% for a typical conventional mortgage. This means the new mortgage payment, credit card payments, and all other monthly debt payments should not equal more than about one-third of the monthly income.

Lenders want the mortgage debt ratio (the percentage of the new mortgage payment to income) to be less than 28%.

Non-prime loans have lower standards; some lenders allow debt-to-income ratios as high as 55%. Borrowers with less than perfect credit qualify more easily for a non-prime loan compared to an “A-paper” loan.

Once you total your monthly expenses and determine your debt ratio, you can estimate how much you can afford for a house payment. For example, if your income is around $3,000 per month, you can afford a home with payments around $1,000 per month (including taxes and insurance) with a conventional loan, if your other debt does not total more than 5% of your income.

For investors, these equations change. Lenders expect 10%-25% down on investment property and allow about 75% of the rental income to offset the debt ratio.

Understanding your credit helps you manage your credit so you can obtain real estate financing, either for the house of your dreams or for your financial future.

(c) Copyright 2005 Jeanette J. Fisher. All rights reserved.

Jul 07 2010

Choosing a Debt Management Company



A debt management company is experienced in dealing with creditors and debt collectors. In many cases the intervention of a debt management company will reflect positively on you, as the creditor or debt collectors will look upon it as you acknowledging your debt problem and enlisting professional help. A debt management company is going to offer you a debt counselor that is trained to provide you some tailor made solution for your current financial situation. He will give you an explanation with pros and cons of all the current options available to you.

Thus, there is a company for each individual need. Before applying for debt help, you must contact several debt solution agencies and inquire of their requirements. You need to check a debt management group with the Better Business Bureau and credit forums to make sure the company does not have customer complaints issued against them for its debt management practices. A debt management group should also offer a free consultation for potential customers to come in and discuss their situation without any obligation. Thus, you avoid working with a fraudulent company.

There are many debt management companies operating via the internet, some of them offering free services and some offering paid for services. When choosing a service bear in mind that the free ones may not always be the best bet, although they appear to be cheap because of their free status they are funded by the lenders and therefore may have a conflict of interest between you their customer and your creditors who are their paymasters.

When you call a debt management company expect the advisor or debt counsellor that you speak to to ask many question prying into your income and expenditure and particularly how you have come to be struggling with your debts. Although their questioning is very thorough you need to go through this process to get the best results. If the advisor you are speaking to does not go into depth regarding your circumstances then move on to the next company.

Credit mistakes impact your credit report and credit rating. Make sure to get multiple credit counseling quotes from credit organizations. Credit card debt is perhaps the worst debt a borrower ever has. This is because once you fail to make timely payments; you are slapped with a hefty fee apart from the accumulating interest rate on unpaid balances. Credit Counselling agencies merge all your unpaid bills into one outstanding amount. You make regular payments towards the agency and they in turn clear your bills for you.

A good paid for debt management company will make charges of around 17.5% of your monthly payment and will keep your first payment to cover setting up costs. There is an increasing number of companies extending this to 2 payment, avoid this type of company as they are charging far too much. Debt management is a very valuable service, but even with this value there is a limit to what should legitimately be charged.

Once you have made your choice of a reputable debt management company your financial recovery will soon be back on track.

Jul 02 2010

Debt Management Plan Basics



Many consumers find that they are no longer able to mange their debt on their own. They need help. Debt management plans are an excellent tool for those that need assistance in eliminating their debt.

If you are considering a debt management plan, you probably have many questions as to how it works and what it costs. Each financial management plan agency will work differently, but in general, you should see some similarities between them all.

The debt management service will typically send a proposal letter to each of your creditors. The letter will request your creditor’s approval to enroll your account in the management plan. It will contain you several items, including your net income, living expenses, the names of your creditors, your proposed repayment amount for each creditor and the date of payment to creditors. This lays out the information for the creditor to see where you are financially and what your plan is.

Most debt management plans take you three to five years to repay your debts. This, of course, depends on the amount you owe and the terms set by your creditors. When you enroll, you should be given an estimate which lists all of your debts, the total debt owed to each creditor, the proposed payment to each creditor and the number of months estimated to complete the plan. You should know up-front how long it will take you to eliminate your debt.

The fees charged for your debt management plan will vary from agency to agency. You will usually pay for a copy of your credit report, a small set-up fee and a monthly administration fee. You want to make sure that the monthly fee is less than $50 a month. Be sure that you understand these fees before you enroll. Don’t trust any agency that asks for the first month’s payment up-front or a percentage of your total outstanding debt as the fee.

Most debt management plans require that you include all of your unsecured debts. There are specialized debt management plans designed for small business owners and those with good credit that allow you to keep one or two accounts outside of the plan. Once in the plan, you will most likely be unable to continue to use the accounts.

If a creditor rejects the management proposal, you can try to work with the creditor to reach an agreement. If nothing can be established between the plan and your creditor, you can elect to proceed with the debt management plan without the creditor. However, you will need to make these payments on your own.

Be cautious when choosing a company to work with. Make sure they are licensed and check them with the Better Business Bureau. It is also a good idea to check with your state’s attorney general’s office for any complaints or investigations.This is your financial security you are dealing with. Make a wise decision and then let the plan help you find financial freedom. Debt management plans are a great way to learn how to manage your finances while eliminating your debt.

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