We are committed to understanding your unique needs and guiding you to the best legal solutions. As a small law firm, we work closely with our clients and individually perform each key step of each case from start to close. Our firm is known for providing high-quality representation in the areas of business transactions and formation, estate planning, federal and state criminal defense, personal injury, and real estate transactions.
Elisa G. Massoth, PLLC.
14 S. Main Street, Suite 200
P. O. Box 1003
Payette, ID 83661
Phone: (208) 642-3797
Fax: (208) 642-3799
In the Philippines, Foreign Nationals can only buy condominium units under Republic Act 4726, otherwise known as the Condominium Act. The law provides that no condominium unit can be sold without at the same time selling the corresponding amount of rights, shares or other interests in the condominium management body (The Condominium Corporation) , and no one can buy shares in a condominium corporation without at the same time buying a condominium unit. Now the Condominium Act of the Philippines, R.A. 4726, expressly allows foreigners to acquire condominium units and shares in condominium corporations up to not more than 40 % of the total and outstanding capital stock of a Filipino owned or controlled corporation.
As for Philippine Visa Requirements, for those Nationals planning to stay for longer term visits to the Country, or for Non Philippine Nationals, a Retirement Visa may be applied through the Philippine Leisure Authority where proposed or “pre-existing investments may qualify the applicant for a Philippine Retirement Visa. The Philippine Leisure and Retirement Authority (PLRA) is now accepting Special Resident Retiree’s Visa (SRRV) applicants with pre-existing investments in the Philippines. This policy has been in place since October 28, 2003. Pre-existing investments in the form of a previously purchased condominium unit, shares of stock in corporations, leasehold agreements and proprietary membership shares are accepted in lieu of the required US dollar time deposit.
In addition to the usual documentary requirements for SRRV application, applicants should submit specific documents depending on the type of investment they will be using in lieu of the US dollar time deposit. For condominium units or long-term leasehold agreements, applicants should submit: Condominium Certificate of Title (CCT) or Transfer Certificate of Title (TCT) duly certified by the Registry of Deeds; and Deed of absolute sale as proof of the property’s purchase price, which should be at least USD 50,000.00 or USD 75,000.00, whichever is applicable, based on the exchange rate at the time the property was purchased or acquired.
ï¿½ Right To Own Philippine Real Property
Under the pertinent provisions of the Philippine Constitution only Filipino citizens and corporations or partnerships at least 60% Philippine owned are entitled to acquire LAND in the Philippines. As an exception to this rule, foreign acquisition of Philippine real estate is allowed in the following cases. Acquisition before the 1935 constitution. Acquisition thru hereditary succession if the foreign national is a legal heir. Purchase of not more than 40% interest as a whole in a condominium project. Purchase by a former natural born Filipino citizen subject to the limitations prescribed by law. A Filipino who is married to an alien retains their Philippine citizenship, unless by their act or omission they are deemed to have renounced their Philippine citizenship. [Please see notes on the Philippine Dual Citizenship Law].
ï¿½ Foreign Ownership as a Philippine Corporation
Another way for foreign nationals to invest in Philippine real estate is for the Foreign national or foreign corporation to create a Philippine corporation to hold title. This allows the Philippine corporation of a foreign national or foreign corporation less investment risk and more control of their Philippine real estate investment, and other Philippine investment assets. Foreign nationals, and corporations may 100% own a Philippine condominium or town home.
For private land, residential home with land lot and or commercial building with land lot ownership the foreign national and or corporation forms a Philippine Corporation to take ownership of the property. On paper, a Philippine Corporation by Philippine law will be a maximum of 40% foreign owned, and a minimum of 60% Filipino owned with a minimum of five incorporators. The Philippine corporation by law shall have a main bank account tied to it before and upon incorporation. A foreign national may be the sole person on the Philippine corporation bank account once after the Philippine corporation has been created and power of attorney has been handed over to the foreign investor at the time of incorporation. Thus allowing the foreign national total control over the funds derived and paid out from the Philippine Corporation and from the income or sale of the asset or real estate property.
ï¿½ New Dual Citizenship Laws Affecting Property Ownership
Dual citizenship is now newly available under Philippine Law. Dual citizenship means having two citizenships and passports from two different countries. Former Philippine citizens born in the Philippines, but that have immigrated to another country and obtained citizenship of that country. A foreign spouse married to a Philippine citizen. Dual citizenship allows the citizenship holder full rights of possession of Philippine real estate property.
* Philippine’s Embraces Dual Citizenship [September 19, 2003]
In a landmark bill, the Philippine Government enacted Citizenship Retention and Reacquisition Act. With this act, the decades-old ban on dual Philippine citizenship was thrown away. The Philippine Congress recognized that in today’s world, Filipinos have dispersed around the world and have even taken on the nationality of their new home countries while maintaining their strong ties to the Filipino community, heritage and families.
Unfortunately, prior to this act, a Filipino who naturalized in another country, such as the U.S. lost Filipino citizenship. The Philippine Congress recognized that this seriously affected the unity of Filipinos overseas with those in the Philippines. It also had drastic consequences with prior Filipinos losing interest in investing in the Philippines.
The new act allows all prior Filipinos who lost their Philippine citizenship because they became citizens of another country to regain Philippine citizenship. It also allows Filipinos who want to naturalize in another country, like the United States for example, to keep their Philippine citizenship. Reacquiring and retaining citizenship allows dual national Filipinos to vote and run for elected office.
The children of Filipinos who reacquire citizenship are also affected. Those unmarried children, under the age of 18 will also be considered to be citizens of the Philippines. This includes legitimate, adopted, and illegitimate children.
The reacquisition of Philippine citizenship is not automatic. Filipinos who lost Philippine citizenship when they became citizens of anther country must swear an oath of allegiance. The oath is found in the text of the act, and in the coming months the Philippine Department of Justice will provide rules on the administration of the oath. One can envision that former Filipinos overseas need appear at their local Consulate to take oath and apply for Philippine passport.
The new act accepts back, with open arms, Filipinos who lost their citizenship. It embraces dual citizenship and recognizes that in today’s day and age dual citizenship is a desirable factor for Filipinos who maintain their allegiance to their homeland.
ï¿½ Foreigner Married to a Philippine Citizen
If holding title as an individual, a typical situation would be that a foreigner married to a Philippine citizen would hold title in the Philippine spouses name. The foreign spouse name cannot be on the property Title but can be on the contract to buy the property. As a foreign investor caution should be taken upon considering taking title to real estate in this manner.
ï¿½ Condominium Residential Commercial Development Ownership Law
Presidential Decree No. 957, which regulates the sale of subdivision and condominium developments. The National Housing Authority has exclusive jurisdiction to regulate real estate trade and business, a function, which is presently exercised by the Housing and Land Use Regulatory Board (HLURB). Certain conditions are required before a license to sell condominium development units and or subdivision development lots and homes is issued to a Filipino or Foreign owned individual or corporation. The requirements include a certificate of registration, a performance bond, and an approval of the building plans and specifications.
Please don’t hesitate to contact us if you need assistance in acquiring a real estate property in the Philippines.
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With more and more of the United States population aging, nursing home and elderly communities are constantly expanding to help accommodate more patients. Tragically however, nursing home abuse of the elderly is becoming one of the most widespread crimes in America. Nursing home patients are vulnerable from many types of abuse ranging from physical violence to theft of property.
Many common types of nursing home abuse cases have been caused by under qualified and inexperienced staff members. Employees are sometimes unable to handle certain situations and have been known to take out their frustrations on residents of the nursing homes. Studies show that over half of the suspicious deaths researched in nursing homes might have been causes by neglect or negligence including dehydration and malnutrition.
Because of conditions such as dementia and Alzheimerï¿½s, older adults are very vulnerable to abuse. History of domestic violence may also make certain seniors more susceptible to abuse in a nursing home.
Placing a loved one in a nursing home can be one of the most difficult decisions a loved one is forced to make. Often times this decision is very emotional, and not thought out entirely. When you enroll a loved one into a nursing home you are entrusting the caregivers with more than just money. You are entrusting them with a life of a loved one. In the event that a loved one has been victimized by the actions of a nursing home employee, it is your duty and right to seek legal attention. A compassionate, experienced nursing home abuse lawyer can help you understand your legal rights and guide you towards an appropriate course of action.
In addition to common types of nursing home abuse, there are also several other types of abuse. Mental, physical, neglect and exploitation are all other forms of abuse that can happen in nursing homes. Mental abuse can include fear, depression, withdrawal, behavior changes, weird behavior patterns, unwillingness to communicate and specific complains by the resident. Physical abuse can include cuts, burns, bruises, swelling, broken bones, restraints and other wounds. Neglect can include bed sores, smells of urine and feces, unkempt appearance, untreated medical conditions and other complaints. Explotation / Financial abuse can be the selling of property, missing or stolen property and specific complaints by the resident.
Many times a loved one has been a victim of the terrible and inhumane actions of a nursing home employee or supervisors. If this is the case, itï¿½s your main concern to seek immediate and experienced medical treatment and then contact a lawyer. With such emotional conditions, it is often times very hard to remember the legal rights that the victim of the abuse has. The first step in pursuing your neglect case is to contact a qualified attorney. They will determine whether or not a legal claim should be made and whether or not the case should even be pursued. Contact an attorney today.
When the internet first started, few could ever imagine how far reaching itï¿½s effects will be more than a decade down the line. Itï¿½s a fact of life now that the internet will continue to change virtually every aspect of our everyday life. As the worldï¿½s internet population keeps expanding, so does the opportunities for entrepreneurs and ordinary folk looking to escape the slavery of a nine to five job.
Online wealth building is for everyone. The sheer amount of opportunities presented online enables anybody to start building wealth online. There are just so many areas to explore and regardless of your level of talent, skill or interest, you will find something that suits you. Someone once said that ï¿½you can turn any passion into profit onlineï¿½ and this is more true now than ever before. It seems like the biggest problem is not in finding a suitable program, but rather in not getting distracted by all the various options that we get bombarded with. Every single day new opportunities open up and itï¿½s our natural tendency to get in on the action. Online wealth building however relies on focus and having the discipline to not get distracted.
If you are committed to building your wealth online it holds many obvious advantages. The freedom to work on your own clock and answering only to yourself are the main reasons why so many make the shift from the office to the spare room at home. Many online wealth building programs create false illusions that leave many aspiring newbies out in the cold after investing their valuable time and money. The internet is a tough world when it comes to making a living, but then again so is it out there in the ï¿½realï¿½ world. Donï¿½t expect an easy ride, but donï¿½t be put off either. There are just so many opportunities online that you are bound to find your place sooner rather than later.
I would like to offer you what I consider to be the five laws of online wealth building, that can help you greatly towards creating long term success online. I would encourage you to use these laws to evaluate potential opportunities or just to evaluate your current position.
The Law Of Excellence:
Things tend to move really fast online. It is critical that you commit yourself to excellence and to always keep learning and improving. If you donï¿½t you will most certainly fall behind. Strive for excellence. You canï¿½t keep doing the same things and expect to improve, nor does doing more of what doesnï¿½t work wonï¿½t make it work any better.
The Law Of Quality:
I like the term ï¿½wealth buildingï¿½ because it implies that itï¿½s not some instantaneous thing. Quality always gets rewarded long term and although some of the ï¿½get rich quickï¿½ schemes online work, they rarely work long term. There is a big difference between making a quick buck and building wealth. Whatever you create online, strive for quality first as this will ensure sustainability in what you do.
The Law Of Choice:
Wealth is a choice. Youï¿½ve probably heard this before, but never really understood it completely. Being wealthy starts with a choice and itï¿½s a choice you have to make daily. The internet is responsible for the largest distribution on wealth in history. The power is shifting from the big corporations to the guy (or girl) in his garage with a single laptop. You can choose to be part of this or to keep doing what youï¿½ve always done.
The Law Of Persistence:
When it comes to online wealth building, for some the learning curve will be greater than for others. Regardless of your skill level you will face many challenges and often consider packing it in. This is where persistence and perseverance comes in. Realize that you will always meet with much difficulty before you succeed ï¿½ itï¿½s essential for your personal growth and developing to a level of success.
The Law Of Value:
Whatever you do online, be a team player! I cannot overemphasize that enough. Your wealth and success is directly proportional to the amount of value that you add to other people. If you want to be more successful, just think of how you can add more value to other peopleï¿½s lives.
Financial success is most certainly obtainable for virtually anybody. There is however a big difference between obtainable success and sustainable success. Just think back at the story of The Three Little Pigs ï¿½ you want to build your ï¿½houseï¿½ from brick and make sure that your success is sustainable long term. After all, who wants to quit their day job only to go back after six months?
If criminal law is your passion, there is little doubt that you will be well suited for the law arenas that it enforces. For those who are looking for a major, it is wise to study this area of the law. In criminal law, The People can punish the criminal based on what he or she has done against the state. There are often less indications of victims here, but more of rules being broken. Because in criminal law, the individual has broken the governing bodyï¿½s law, he or she is required to face punishment from the government. There is no need to consent with the victim, should there be one.
Is criminal law the type of law you will pursue? If so, there is little doubt that you have many outstanding opportunities in the universities that you can attend to get your law degree. You will find that many of the schools will provide you with the most outstanding abilities to gain the knowledge that you need so long as you apply yourself. Criminal law is complex, detailed and very challenging. Yet, it can be passionate, profound and life changing as well. Criminal law is an amazing element in itself.
The first choice that you will need to make should you choose criminal law is which school you will attend. Because you will be studying at such a high level, you will want to choose carefully, considering what an excellent school would look like and do for your resume. If you do well at that school, it will even set you higher above the rest of students. Choose the school based on your ability to meet the schoolï¿½s demands, your ability to afford it, as well as your ability to get into it as some are rather restrictive in who they admit. Criminal law school is an excellent choice. It is one that will serve you well for many years.
When we think of law, and what law means to us as a society, we all have a good idea, or rather an innate sense, of what law is and the kind of things to expect. But trying to put an accurate definition on what law is is somewhat more of a difficult task. This very question lies at the heart of the study of jurisprudence, or legal philosophy. Since early civilisation, philosophers and thinkers have worked with a view to establishing a definitive meaning of what law is and where it fits in to the community. From these efforts have arisen major ‘schools’ of thought which demonstrate ideas and concepts distinct from one and other yet equally valid in their interpretations.
When asked ‘what is law?’, most people will proffer an initial response along the lines of ‘law is rules’, or on a more complex level, ‘law is the rules that regulate our behaviour’. This basic response is actually very valid, and true it forms the cornerstone of numerous schools of thought. However, posing slightly more probing questions raises doubts as to the validity of this statement, and casts doubt over a large consensus of lay-opinion on the matter. For example, if the law is a regulatory body of rules, then by itself it is useless. Rules alone can surely only set parameters at most, and can never seek to regulate independently. In order to provide this regulatory aspect, there is a requirement for something more; there is a requirement for enforcement, or coercion. In our society, this is provided by the threat of sanctions like prison and fines. Therefore our traditional notion of law as ‘rules’ is deeply flawed: law must be more of an interaction between rules and a physical persuasion. In other words, we need some motivation to obey the law, partly as a consequence of our nature as human beings, to keep us within its boundaries and to keep up above its line of governance, therefore there is more required to offer an accurate description than this simple straightforward idea.
Consider also this fundamental point in determining the nature of law at a conceptual level. If the law, as we see it, is a body of rules, in what sense do these rules operate, i.e. are the prescriptive (how one must behave), or descriptive (how the majority of society behave). If it is prescriptive, there would essentially be a requirement for every citizen to learn the law from a young age in order to ensure consistency with the proscriptive body of legislation. If on the other hand it is descriptive of how society behaves, this raises the problem of authority: the way society behaves is not an objective concept, therefore why should any given person or body of people be afforded a subjective look at what is right and what is wrong? In a nation with strong fundamental freedoms, it is even more peculiar that the law is allowed to operate, if it were to operate in this sense. Rather it would seem more apt to consider law as a relationship between people internally (with other people) and with the state, with an element of mutual consensus in achieving the relevant social ends.
From this basic analysis of the conceptual nature of law, it is obvious that there is scope for debate. So much so, legal scholars have for generations sought academic argumentation and competition with other writers. From Aristotle to Dworkin to HLA Hart and beyond, the concept of the nature of law is one which is both fascinating and complex, with many facets and caveats yet to be explored. In an international legal context, the study of jurisprudence transcends jurisdiction and specific legal training moving towards the realms of independent thought and observation. Nevertheless the nature of law is a popular academic study, as well as an interesting and thought provoking topic for the ‘everyday’ citizen subject to its governance.
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Many people associate the words ï¿½tax loopholesï¿½ with questionable accounting practices. But according to tax strategist Diane Kennedy, of http://TaxLoopholes.com, ï¿½A loophole is nothing more than a government incentiveï¿½tax laws are written to favor people wanting to start businesses because businesses stimulate the economy.ï¿½ Tax loopholes are just legitimate deductions the government allows in order to encourage certain behaviors. Exploiting loopholes isnï¿½t about skirting the law, but rather making it work for you.
3 Steps to Reduce Taxes
1. One of the best ways to reclaim your tax dollars is by starting your own business. Owning a business allows you to take advantage of the way those laws are written. With the increase of e-commerce, itï¿½s easier than ever to start an online business. Whether you offer a product or service, an e-business is an excellent vehicle for lowering your tax liability.
2. As a business owner, itï¿½s crucial you consider the business structure in which you operate. Donï¿½t just start selling online without considering the tax implications or bothering to incorporate. Says Kennedy, ï¿½Your business structure can save you a lot of moneyï¿½not acting on that can cost [you] tens of thousands of dollars.ï¿½
3. Many business owners miss out because they fail to take all their lawful deductions. Particularly when starting a business, youï¿½re going to encounter many expenses that you can legally deductï¿½but you have to report them or they donï¿½t do you any good. Itï¿½s important to keep good records of all your business-related costs because anything ordinary and necessary to the production of income is a valid deduction. Donï¿½t be afraid to take advantage of the business tax breaks the law allows:
ï¿½ Home-offices. Changes in tax laws have made this a fairly simple deduction. You need a separate room used exclusively for business, and you must regularly conduct business in that room. If you meet those two criteria, you qualify for a home-office deduction.
ï¿½ Business-related storage space. Unlike a home-office, this space can be multifunctional. If you use one-third of your spare room to store inventory or promotional products, and the remaining space as a wreck room, then one-third of your spare room is tax deductible.
ï¿½ Wages. Rather than giving your kids an allowance, pay them to help out with your business.
ï¿½ Travel. All your business travel is deductible. For validation reasons, you need to keep track of the mileage and purposes of your trips.
ï¿½ Donations. Anything you donate to your business serves as a deduction. Even if your business canï¿½t afford to repay you right away and you have to take a loss there, that net operating loss can roll forward and offset future income.
Money you earn is subject to taxesï¿½the more you earn, the more you pay. However, when you save money by reducing your tax bill, your savings are yours to keep. Tax laws are written to foster your businessï¿½ growth, so put them to good use. Take a good look at your accounting and expenses, and avail yourself of the tax loopholes and breaks your business entitles you to.
Getting divorced is hard any most people that have to go through it. It is a time that is considered very sensitive for most. This is not something that many people look forward to and in fact it can be something that is very disruptive to their lives. This is especially true when it comes to dealing with the in laws.
When you are dealing with the divorce and all the family members that you are now going to be divided from, you will have to take a well thought out approach to it. You may or may not be having a good relationship with them. It is hard to figure out what you are able to do and what is right. You need to dig down deep inside yourself and figure out what type of person you are going to be.
If your in laws have never done anything wrong to you, you owe them respect. You do not need to sever your ties with them just because you and your ex do not get along anymore. In fact, many people still see their in laws on a regular basis because of children that are involved or just because they have a special relationship with them. You do not have to make this time a difficult one and in fact it can be good for everyone involved.
You should make sure that you are communicating with your in laws right from the start. If you have a good relationship make sure that you are expressing your love towards them. You want to them to know that you still value their love and you still want to be part of their lives. You need to make them aware that you have no intentions on ending the relationship with them just because you and your ex cannot stay married.
If you are someone that has a rough and rocky relationship with your in laws it may be better to end the relationship at least to some degree. You may still have to see them from time to time especially if you have children that they need to keep in contact with, but you do not have to make the visits long or get too involved with the meetings. You can simply consider them acquaintances and you will not have to waste your time trying to be nice to someone that you do not like.
You will see when you are in the middle of a divorce that most of the time the other person’s family is on their side. However, in some cases, you may not have to worry about this problem. You may be able to have a fair and calm divorce and this will allow everyone to remain friends. This is something that is defiantly a good thing when it is achieved and it is something that will make both families a little more at ease for all types of family functions.
You need to keep your best interest at heart and the interest of your children as well. If you do have children and you are getting divorced, you need to make sure that you are not taking them from their grandparents and extended family. They did nothing wrong and do not deserve to be punished for any reason. However in some cases, it is no a good idea for the children to be around the in laws. You have to make sure that you know the facts and keep in mind what is best for everyone. You will see that when you do this and if you do make an effort, you will have less tension and live a more peaceful life.
If you don’t have auto insurance in California, you’d better hurry up and get some.
Starting October 1st, drivers in California have an additional reason to maintain their car insurance policies. The California DMV now has access to driverï¿½s individual data showing whether motorists have let their policies lapse.
In the light of the new law, people are looking to find faster ways to get car insurance in a hurry to avoid the laws and penalties, especially through online sites.
Senator Jackie Spear, who wrote the bill, which goes into effect, says although Californiaï¿½s drivers laws already requires motorists to carry proof of insurance with them at all times when they drive, many motorists on the road still donï¿½t.
“People found a clever way around it. They would get insurance when they had to register their vehicle and a month later they would cancel it,ï¿½ Spears remarked.
The newly enacted bill now requires insurance companies in California to electronically report to the DMV who is buying liability insurance and who is canceling it. State and local law agencies will now have access to that insurance information during traffic stops, and will write up non-compliant drivers without a policy. Violators who do not have insurance at the time they are pulled over will face stiff fines.
“They will be slapped with a 0 fee that, with enhancements, is almost 0. Plus you’re going to have to get auto insurance, so it’s a sting of about 00,” Spear remarked during an interview with KCBSï¿½TV in San Francisco.
The fear of these new fines, along with the rising costs of living, and the need to find ways to streamline personal expenses, are sending people online to find insurance due to its lower policy rates and overall convenience.
Insurance-Info-Center.com, a national online insurance quote site, offers free, no-obligation auto insurance quotes that, on average, lowers the standard rates of a typical user by an average of 1 a year.
Senator Spear was also the writer of a 1996 bill that requires proof of liability insurance. She stated that since it’s passed, the number of uninsured drivers in accidents has been reduced by 50 percent.
An act now before Congress could ensure the well-being of hundreds of small businesses-and help save consumers money. The Motor Vehicle Owners Right to Repair Act would offer owners greater choice in getting their vehicles serviced.
According to leaders of several national aftermarket associations, passage of the act is critical toward ensuring the affordability and convenience of maintaining vehicles for America’s car owners.
“As independent auto repair shop owners, we are all concerned about the future of our businesses,” said Pat Andersen, president of the Alliance of Automotive Service Providers. “One of the key factors keeping us in the business of repairing cars is access to all of the tools, software and repair information necessary to be able to test and repair all systems on modern automobiles. Passage of the Right to Repair Act will assure that all auto repair facilities and vehicle owners will always have equal access to the tools and repair information necessary to maintain and repair high-tech automobiles.”
The Right to Repair Act would require the car companies to make the same service information and tool capabilities available to independent service providers that they make available to their franchised dealer networks. Car company trade secrets are protected unless that information is provided to the franchised new car dealer.
“Our members have been on the front line of this battle, repairing the vehicles, struggling on a daily basis with the repair information and programming question,” said Paul Fiore, president of the Service Station Dealers of America. “They now view the bill as critical to their long-term survival and are very excited about the growing support.”
Right to repair legislation is supported by a wide range of additional associations including the Alliance of State Automotive Aftermarket Associations, Automotive Aftermarket Industry Association, Automotive Parts Remanufacturers Association, Automotive Engine Rebuilders Association, Automotive Warehouse Distributors Association, Coalition for Auto Repair Equality and the Tire Industry Association. In addition, the legislation has the support of small-business groups such as the National Federation of Independent Business and consumer groups such as AAA.
There are a number of laws on the books to protect people who have bad credit ratings. These laws are important, and you should know about them in order to protect yourself from unfair practices performed by collection agencies. The federal Fair Credit Reporting Act (FCRA) was enacted to protect debtors from creditors and collection agencies.
As a debtor, you have a right to ask creditors and collection agencies to stop hounding you. You must contact these agencies right away and request that they end communication with you. You should write a letter carefully to avoid giving the collection agency anything it can use against you later on. If you have been threatened with a lawsuit, you can write an informal letter to ask the agency to stop harassing you.
You would be wise to attempt to negotiate with a creditor if you have a current debt. Some creditors may reduce your balance or drop the debt completely in some cases. If you have a debt that is more than seven years old, do not have any communication with the collection agency about that bill. The account should have been removed from your credit report after seven years, and if it has not, the lender is in violation of the law.
Creditors tend to disregard lawsuits because they may feel they will not win them. If your debt is old, collectors want to avoid the high attorney fees associated with collecting it. If you owe a debt, you have the legal right to protect yourself. One of the best ways to resolve credit problems is to repair your credit.
Under the law, collection agencies cannot send mail to your address with any labels or symbols on it. They cannot call your family members about your debt. The agencies must stop communicating with you if you have received a subpoena to appear in court. Additionally, collection agencies cannot call a debtor before eight in the morning or nine in the evening. If you have retained an attorney, and the collection agency knows about this and calls you anyway, you should file a complaint with legal authorities about this.
You must document all relevant information when you are in debt. This will protect you in the future. Collection agencies cannot call you at your job, and they cannot send people to your home disguised as law enforcement or government officials in order to collect a debt. Agencies canï¿½t send letters, make calls, or undertake any type of communication that implies impersonation of something they are not.
If an agency calls you, it must follow the law and identify itself within one minute of the conversation. Collection agencies are prohibited by law to list any personï¿½s name on a ï¿½deadbeatï¿½ list.
There are many laws on the books to protect you against unfair actions by a collection agency. There are also laws to protect the agencies from debtors, so it is important to know your rights. As a debtor, you should also try to repay what you owe and begin to repair your credit.