How to Change Lawyers Mid-Case Lawyers Near Me ?
If you are finding it difficult to work with your lawyer or are not satisfied with his work for any reason, you need not worry as you have the absolute right to replace him/her with a more competent one in the middle of an ongoing case Lawyers Near Me in Kempton park. In fact, you are even entitled to change him/her mid-case without any reason. Thus, not considering the reason for the replacement in the middle of the lawsuit, your attorney has to agree with your decision.
The Process Involved
– Soon after you discharge your legal representative or file a request for the same, he/she is required to follow local procedures and notify the local court about the discharge.
– Once the formalities are completed, the court will allow the change, after which you can hire a new legal attorney representative who is competent enough to represent you well.
3) Take the decision as soon as you realize that your professional relationship with him/her cannot work out well. This is because if you try for the replacement just a few days before some important case hearing, you might regret your decision later.
4) Make sure you provide your new attorney with the contact details of the old one, who was previously handling the case.
What It Takes To Be A Lawyer?
However, as you are solely responsible for your own legal affairs, it is up to you to decide whether a change of lawyer mid-case is feasible for your case. Such changes can have both positive, as well as negative effects on the case. It is, therefore, in your own favor to analyze the potential consequences before taking any decision.
Interesting Facts About Lawyers Near Me in Boksburg:
About Lawyers Near Me in Boksburg:
If you are a practicing attorney: Are you using Defense by Recoupment under 15 U.S.C. 1640(e) as a strong affirmative defense for your clients?
If you are a consumer: Have you had your loan (from day of application to current) audited by a forensic consumer debt analyst?
I get a fair amount of "conspiracy theory " calls or emails people who would swear that the CIA was covertly involved in the loan they signed for and that all measures of fraud occurred against them by everyone involved and... you get the point. My first question to this person is always: "Great, so are you prepared for the $15,000+ retainer a good attorney is going to want to spend their time investigating, quantifying, pleading and trying a case like that? Well, you know the answer...
Others have read (or have heard) that a loan audit and violations of the TILA can only help you if it's a refinance loan on a primary residence in the last three (3) years. To have the EXTENDED RIGHT TO RESCIND, these conditions must be in place but rescission isn't the only thing that can help someone in (or in danger of) foreclosure.
When it comes to defending yourself against foreclosure the first order of business is to establish clear and genuine issues of material fact in the case. In a Florida foreclosure defense strategy, the client wants to quantify these genuine issues of material fact in the foreclosure case because no judge should ever grant a motion for summary judgment. Why?
Any such quantified claim of a violation of the TILA (Truth in Lending Act) from an expert audit report should be brought as an affirmative defense by the attorney. This is a rock solid issue of material fact. No summary judgment. The lender will have to bring the action all the way through to trial. This should give you much greater leverage to obtain a workout. At the very least, this give you/your client much greater time in the house and time to try to work something out that works for both parties; something that is much needed these days because I still see a great deal of servicer abuse/misprepresenations happening every single day.
I hope this little insight gives you some ideas on how you can help yourself in a foreclosure case. If you want more information on forensic loan audit, please call me at (800) 985-4685 ext. 2 or by email at Lane@thePatriotsWar.com
© Lane A. Houk - 2009- All Rights Reserved
Lawyers Near Me in Boksburg
When a company or an individual is unable to repay a loan, the individual or the company is considered to be bankrupt. Sometimes companies incur heavy financial losses. For example, a printing firm gets 80 percent of its total income from a single publisher. If the publisher diverts its order to a different company, the printer loses a large portion of its total income. The printing firm becomes bankrupt.
Bankruptcy involves two parties: the debtor and the creditor. The debtor is the party in debt, who owes money to the creditor. A debtor can be a company or an individual. The creditor is an organization or individual to whom the debtor owes money. Most bankruptcy cases involve several creditors. There are basically three types of bankruptcy.
After this, on the direction of the court, the trustee sells all of debtor's non-exempt assets for the benefit of the creditors. Finally, the debtor is discharged and all debts, with some exceptions, are written off. http://www.floridabar.org, the official web site of the Florida Bar Association (the regulatory body of all practicing lawyers in the state), publishes several pamphlets, including one entitled `Bankruptcy,' for the general public. The website also has a lawyer referral service to locate Bar-Certified bankruptcy lawyers in Florida.
Bankruptcy Lawyers and Attorneys - New Bankruptcy Laws
Consumers beware! Did you know that anybody who is interested in being a general contractor in Washington State and has the petty cash of $109.70 for a license and a bond fee of only $12,000.00, is able to work at this professional trade? A specialty contractor's bond is only $6,000.00. No knowledge or testing required. Rip-offs are welcome.
This means Joe Blow, without any experience--or at best, minimal knowledge, may be hired to build your house. Then Mr. Blow will turn around and hire incompetent sub-contractor's or specialty sub-contractors, breach the contract, file bankruptcy, be forgiven in court for the debts they owe at the homeowner's expense and cause numerous liens on their property.
Then these wannabe contractors are able to recycle their crime and start another business under another name, over and over again. Guess what? It's all legal in Washington State and they know this. This careless practice and fraudulent crime against homeowners and taxpayers are not tolerable in such states as California and Florida. This is another reason that there is so much construction going on in the State of Washington. It's easy-pickings for contractor criminals.
The property owner has the burden of proof. They are the victims. Fraud has a different meaning in Washington State. In bankruptcy court, fraud is very hard to prove. If proven against the contractor, the homeowner has a slight chance of seeking a judgment, but collecting that is another challenge. All these crooks have to explain is they went over their heads in expense. The fact is they underestimate the job, usually on purpose. In their trade, the terminology is called "low-balling." They take draws of money from what the property owner has paid, then fund other projects and don't pay their supplier's bills they have in the victim's name. This results with liens on the property owner.
The sub-contractor are protected under the responsibilities of the general contractor, whatever that is worth. Be acquainted with everybody who sets their foot on your property. Write down company names and vehicle license numbers. And if you file a lawsuit and hire an attorney, make double sure the lawyer is competent. Call your state Bar Association to check the status regarding disciplinary actions or complaints against the attorney you choose.
There are reliable, capable and honest people who work as contractors and lawyers, but the crooked and incompetent ones have put them few and far between, and that truly is a shame.
My chalet-style house has been completed now for three years, but it stood in limbo for seven months in a tangled web of failed inspections and citations. I use to pride myself in the decisions I made in business and investments, but now I am so skeptical of the system and how it works against victims, like myself. My experience was a devastating blow to my confidence and trust.
Perhaps readers will join my cause for justice. The rules and laws are too slack and unjust. Just remember wherever you live, in whatever state, please protect yourself and your investment. Be cautious, alert and informative about your decisions when hiring a general contractor or specialty contractor. And it also goes for the attorney you hire. Pass this information and advice to your family and friends, "consumers beware of unscrupulous contractors and attorneys."
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