How to expunge points off a driving record?

We all love driving, and driving gives a kick. But there must have been times when your driving caused a violation of rules.

What if we told you that you could go back in time and clean up your driving record?

In other words, what if we told you that you could clean up all or most of your past bad driving violation records? Yes, you read it right.

 

Here is a sneak peek into how to expunge points of a driving record.

 

1. The first step to cleaning up your driving record is to pull a copy of your driving record and check the violation record.

You can get this record by

  • Visit the nearest Department of Motor Vehicles.
  • Check on the dmv.com website.
  • Ask your auto insurer. He would provide a free copy.

 

2. The next step is to know how long the offenses can stay on your record. Each state has a different timeline.

For example, a severe speeding violation in Minnesota stays on your record for 15 years.

In Washington, most violations stay for five years, but alcohol violation for the drunken driving scene stays for life.

 

3. The third step is to check whether the violations can be cleared. Like the timeline, every state has different laws to clear a driving record.

For example Oklahoma, no matter what kind of violation you have done, it makes you wait three years to fall off your record.

However, to expunge your driving record, you must clear some prerequisites depending on your state.

For example, if you live in Maryland, the prerequisites are:

  • There should not be any other conviction for a moving violation or criminal offense involving a motor vehicle for at least three years.
  • No license suspension or revocation.
  • No conviction for DWI, DUI, or failing to remain at the scene of a crime that results in death or bodily injury.

 

4. The above three steps are the preparation to claim an expunge.

In other words, once you know you are eligible, the next step is to apply for the same. Then, you can take the form from the DMV.

Most of the states have different claim forms, but the standard details asked are:

  • Full name
  • Address
  • Date of birth
  • Driver license number
  • Certification that you meet the requirements
  • Signature.

 

5. The final step is to submit the form with the required fee. Most states charge a certain amount for expungement.

The process mentioned above is for clearing the already recorded expungement. However, as the quote says, prevention is better than cure.

It is always suggested to fight your ticket in the first place before it becomes a record on your driving license.

Therefore, fight the ticket if you have been involved in a motor vehicle accident. Prove yourself with the help of an attorney.

On By admin Posted in DAC Fix Service, Traffic TicketTagged

How to get power of attorney over a sibling?

Power of Attorney (POA) is a legal document that authorizes an individual, known as the "agent" or "attorney-in-fact," to act on behalf of another person, known as the "principal."

A POA can delegate various types of authority, such as making financial or healthcare decisions, signing legal documents, or managing property.

 

In the United States, obtaining power of attorney over a sibling requires following specific legal procedures, which can vary depending on the state where the sibling resides.

 

Here are some steps to follow when getting power of attorney over a sibling in the US:

 

1. Determine the type of power of attorney:

Different types of POAs can be granted, depending on the scope and duration of the delegated authority.

A general POA grants broad authority to the agent to act on behalf of the principal in various matters, whereas a limited POA grants authority for specific purposes, such as signing a contract or selling a property.

A durable POA remains in effect even if the principal becomes incapacitated, whereas a non-durable POA terminates upon the principal’s incapacitation.

 

2. Discuss the matter with your sibling:

Before initiating the legal process, it is essential to have an open and honest conversation about the reasons for seeking power of attorney.

Be clear about your intentions and listen to your sibling’s concerns or objections.

It is essential to approach the conversation respectfully and empathically, as this decision may have significant consequences for both parties.

 

3. Obtain the necessary legal forms:

Obtaining power of attorney typically involves completing legal forms and filing them with the appropriate government agency or court.

The specific forms and procedures may vary depending on the state where the sibling resides.

You can obtain the necessary forms from the state government website, a local courthouse, or an attorney.

 

4. Fill out the forms correctly:

It is essential to complete them accurately and altogether to avoid delays or complications.

The forms may require information such as the names and contact information of the principal and agent, the type of authority being granted, and the duration of the POA.

 

5. Sign the forms before a notary public:

Most states require the POA to be signed by a notary public, who will verify the signer’s identity and witness the signature.

The notary public will also affix their seal or stamp to the document to certify its authenticity.

 

6. File the forms with the appropriate agency or court:

After they have been completed and signed, they must be filed with the appropriate government agency or court.

Some states require the POA to be filed with a specific court, such as a probate or family court.

 

Considering that obtaining power of attorney over a sibling in the US differs from state to state, it is ideal to seek the support of an attorney. This would ensure no legal formality is missed.
On By admin Posted in Estate PlanningTagged

What to do if the insurance company denies your claim?

At some point, each of us has to deal with an insurance company.

In other words, we all have some or the other insurance policy. The insurance company is responsible for dealing fairly with their customers when there is a claim. However, there are times when insurance companies tend to act in your best interest.

The situation when an insurance company is trying to settle your claim unfairly is called a case of “Bad faith.”

In such situations, as a customer, you have all the right to sue the insurance company for bad faith.

However, to avail this right, you need to understand the cases/situations defined as “bad faith.”

The Situations:

1. Denying a claim amount:

Every insurance company should provide a valid reason for denying a claim amount. However, if you realize that the insurance company’s reason for the denial of the claim amount is not valid, you have all the right to file a case of bad faith.

The case would make the insurance either justify the denial or let you win your worth.

 

2. Offering less money:

We take an insurance policy as monetary coverage for unexpected incidents. Therefore, if you realize that the insurance company is quoting a lower claim amount, you have all the right to sue the insurance company for bad faith.

 

3. Failure of prompt investigation:

Insurance companies that wish to dodge the settlements are not prompt at investigating the incident, victim, and losses. Such a situation also falls into the category of bad faith.

 

4. Delaying the process:

If your insurance company is intentionally delaying the claim process or avoiding prompt response to your claim, you can sue the insurance company for bad faith.

Every state has a mandatory time limit for settling insurance claims. If you realize that your insurance company is delaying or violating the time limit, it is bad faith.

 

Now comes the question, how to sue the insurance company?

You must file a valid Civil Remedy Notice (“CRN”) first. The Florida Department of Financial Services (“DFS”) provides the available form, which can be filled out online.

You would need the following details while filling out the form:

  1. Complainant’s Name;
  2. Complainant’s Address;
  3. Complainant’s E-mail address;
  4. Complainant type (the policyholder (“Insured”) or some other person);
  5. Insured’s Name;
  6. Insurance Policy Number;
  7. Insurance Claim Number;
  8. Attorney’s Name;
  9. Attorney’s Address;
  10. Attorney’s E-mail Address;
  11. Type of Insurer (authorized or otherwise);
  12. Name of Insurer (selected from a drop-down menu)
  13. Address of Insurer (should be included in the narrative);
  14. Type of Insurance (Commercial, Residential, or otherwise, selected from a drop-down menu); and
  15. Reason for Notice (selected from a drop-down menu, typically includes Claim Delay or Claim Denial).

 

Once you file the claim, the insurance company will try to prove the claim wrong. 

Therefore, it is suggested that you have an attorney who would take the lead and fight the case vigorously.

He would know the proper documentation process to help you win your case.
On By admin Posted in Insurance ClaimTagged

How long does it take for an auto accident insurance claim to be approved?

If you are claiming for an auto accident and wondering how long it will take to get your claim approved, then to be honest, there is no exact answer.

 

Confused???? The duration of auto accident insurance can take days, weeks, or months.

However, some states have laws that have defined the maximum number of days an insurance company can take to settle the claim. However, on average, almost every state law says an insurance company should settle the claim within 30-45 days after accepting a claim.

 

Having said that, within this time limit, how long it takes for an auto accident insurance depends on the severity and complexity of the accident.

In the cases mentioned below, There can be a delay in the process

  • An accident where the fault isn’t clear.
  • Multiple drivers and vehicles are involved in the accident.
  • The accident has resulted in severe injuries or long hospital stays.
  • The accident has caused significant property damage.
  • A company with a smaller claims-handling department.
  • There is a dispute about the settlement amounts.

 

However, in incidents wherein you claim for a towing service as your car battery is dead or your car window got smashed, these are clear cases, and the claim amount can be settled relatively quickly.

Here is a look at some states and their claim settlement duration:

 

State Claim decision Payout
California 40 days 30 days
Texas 15 days 5 days
Florida “Reasonable time” 20 days
New York 30 days 5 days
Pennsylvania 15 days “Promptly”

 

Wondering how to close your auto accident claim quickly?

Here are some pointers that will help you pace up your claim process:

  • Get your evidence right: When you file a claim, ensure that you have all the evidence to prove your claim worthy are ready. In other words, ensure to support your claim with the relevant photos, documents, concrete quotes from car repair services, and other documents from the people involved.
  • Be prompt: It is suggested that you must file the claim immediately after the accident. Once you file a claim, be available to answer the calls and emails from the insurance company. During the correspondence, ensure to have all the information asked available.
  • Follow up: As it is known that claim settlements take time, be prepared to follow up. When you see that the insurance company is taking time, keep following up and ask your insurance company to provide you with an update.

 

Though the steps mentioned above sound simple and easy, if you think you don’t have the time and knowledge to settle your claim, the best solution is to hire an attorney for auto accidents on board.

An attorney would take charge of the claim right from the start. The attorney would do the documentation, be the POC to answer the insurance company’s calls, and be your end’s communicator.
On By admin Posted in Auto Accident, Insurance ClaimTagged

How to file a breach of contract lawsuit?

A contract is an agreement whereby two or more parties work together. However, if one fails to fulfill the requirements, there is a contract breach. Therefore, the person who fails to follow the agreement will pay the consequences.

You can only file a breach of contract if there is an agreement between the parties.

 

Steps to file a breach of contract: The three essential elements

If you want to file a breach of contract, you need to determine whether it has the three essential elements; otherwise, the warranty will be void.

The three essential elements are Offer, Acceptance, and Consideration.

1. Offer

It is the first step to entering into a contract. An offer occurs when a promise, undertaking, or commitment communicate between the offeror and the offeree.

 

2. Acceptance

The offeree must accept the offer.

3. Consideration

For there to be a consideration, there must be:

  • A bargained-for-exchange
  • A detriment to the promisee

 

Following are some guidelines that you must follow:

  • First, determine whether you have a contract. i.e., the contract includes the Offer, Acceptance, and Consideration.
  • Check the court rules.

For most contracts, an oral agreement will be enough to form a contract; writing is not necessary. However, a written contract can be essential to present as evidence in court.

  • Going to court is costly; before you want to go to court, try to settle the case out of court.
  • Decide where to file: If you really want to file the lawsuit, you must file in the proper county.

Property contract: Should be filed in the county where the property is located.

Business contract: Should be filed in the county where the business is located or business office or where the lawsuit arose, or any county where a co-defendant of the corporation may be sued.

Debt/collection/loan contract: Should be filed in the county where the contract was made.

 

File a petition

Once you have decided to file a breach of contract against a person in a particular county or state, you must file a suit with the court clerk.

If the claim amount is small, you can file in the small claims court. You can make small claims without the help of a lawyer.

However, you need to fill out the court clerk’s appropriate form. You must fill out the form correctly and file it with the court.

On the other hand, if the claim is more than $ 10000, you need to write out your petition and summon.

It is advisable to hire a lawyer to avoid any mistakes. A lawyer will complete your work in order, help you understand the process and your chances of winning the case, and do all the paperwork for you in return for some service fee.

Once you finish the petition, you must serve the defendant in person, by mail, or through publications. You have to make the publication once every week for three weeks. If the defendant does not respond within the stipulated time, the case is yours, as you will win.

 

Call to Action

It is of utmost importance that whenever there is any legal procedure, you must hire an experienced lawyer.

He will guide you through the entire process and ensure everything is in order.

 

What to do if you entered into a Contractor Dispute?

On By admin Posted in Breach of ContractTagged

How much does a credit repair lawyer cost?

Paying your credit card bills on time is an excellent way to keep up your credit score. However, there may be instances that you cannot bear them, and the dues start piling up.

Creditors begin to make harassment calls without caring about your unfortunate condition.

Moreover, your credit report also gets a hit if you cannot pay your dues on time. It will take months and sometimes years to repair your credit report.

Hence, it becomes your prime goal to remove the negativities from your credit report during these situations. However, since it is a complex process, you need the services of a credit repair lawyer.

Service charges of a credit repair lawyer

When you hire a credit repair lawyer, you must pay him the service charges. The charges vary according to the case that usually depends on

  • The scope of work.
  • Your debt amounts.
  • The complexity of the case.

Therefore, your credit repair lawyer can charge you the following fee structure depending on the case.

 

Following are the various negotiations by a credit repair lawyer.

 

  • He may charge you on an hourly basis:

Usually, the hourly rate of a credit repair lawyer depends on various factors, and it can be according to the lawyer’s experience and your place of residence.

A credit repair lawyer may charge you $125 to $350 per hour.

 

  • A flat fee depending upon the case:

Your credit repair lawyer may charge a flat fee depending on the number of creditors. The lawyer may charge a flat fee to come to a settlement with all your creditors in one go. Usually, the charges are around $500, depending on the case.

 

  • The credit lawyer may charge you according to the amount of debt:

For example, the credit repair lawyer may charge you more if you have high debt. During such instances, the lawyer’s fee depends on a certain percentage of the debt.

 

  • The fee may also depend on the amount of settlement:

For example, the price depends on your savings if your credit repair lawyer goes for a settlement with the creditors.

Hence, the higher you save on the bills after coming to a payment, the higher the fees of the credit repair lawyer.

 

  • Other factors

There may be some instances when the charges of the credit repair lawyer are higher. However, it happens only when a creditor files a lawsuit or obtains a judgment against you.

 

Call To Action

If you are facing problems with your credit report, there is an affordable way to clean your credit report without paying hefty fees to a lawyer. 

Avail of legal plans to get experienced credit repair experts providing legal ways to achieve the improvement your credit report requires. 

Legal plans also provide you with legal experts to deal with your debt situations. Talk to a legal plan representative today.
On By admin Posted in Credit Repair, Credit repairTagged

How to file chapter 11 bankruptcy?

Note: The writer compiled the following data from various resources. The article should be considered informational. 

To better understand your case and requirements to file bankruptcy, you should consult with an attorney.

 

What is chapter 11?

If engaged in business, corporations, partnerships, or sole proprietorships, debtors should consider filing a petition under chapter 11 of the Bankruptcy Code to remain in business and avoid liquidation.

Under chapter 11, the debtor may seek an adjustment of debts by either reducing the debt, extending the repayment time, or seeking a more comprehensive reorganization.

 

What is the eligibility for Chapter 11 bankruptcy filing?

Individuals, corporations, partnerships, joint ventures, and limited liability companies are all eligible to be Chapter 11 debtors.

No debt or income requirements or limitations exist for filing bankruptcy under Chapter 11.

 

How much time do you need to make the payment?

It depends upon the payment plan constructed between the debtor and the creditor.

Typically, it takes three to five years to complete the Chapter 11 plan of a small business debtor.

 

Are your assets protected in chapter 11?

The chapter 11 bankruptcy case of a corporation (corporation as debtor) does not put the stockholders’ assets at risk other than the value of their investment in its stock.

In a partnership bankruptcy case (partnership as debtor), however, the partners’ assets may, in some cases, be used to pay creditors in the bankruptcy case, or the partners themselves are forced to file for bankruptcy protection.

A bankruptcy case involving a sole proprietorship includes the business and personal assets of the owners-debtors.

 

Can you file for bankruptcy yourself?

You can go through the paperwork and court process yourself without an attorney.

However, It’s complex and tricky. So you have to be careful and precise. It’s wise to consult with an attorney.

 

Can you file chapter 11 online?

You can do many paperwork and educational requirements online with help from a bankruptcy attorney or a non-attorney bankruptcy petition preparer.

However, personally, meeting with creditors and pleading your case in court hearings must be done.

 

How to file for chapter 11 bankruptcy?

  • A chapter 11 case begins with filing a petition with the bankruptcy court serving the area where the debtor has a domicile, residence, or principal place of business.
  • The debtor or the creditor can file the petition if it meets the requirements.
  • File schedules of assets and liabilities; a schedule of current income and expenditures; a schedule of executory contracts and unexpired leases; a statement of financial affairs. Fed. R. Bankr. P. 1007(b).
  • Must file a written disclosure statement and a reorganization plan. 11 U.S.C. §§ 1121, 1125.

 

Filling Fees

The courts must charge a $1,167 case filing fee and a $571 miscellaneous administrative fee.

However, you can pay it in installments with the court’s permission.

Pay the final installment no later than 120 days after filing the petition. However, for cause shown, the court may extend the time of any installment, provided that the last installment is not later than 180 days after filing the petition. Fed. R. Bankr. P. 1006(b).

 

How to file bankruptcy chapter 13?

 

On By admin Posted in BankruptcyTagged

How to file bankruptcy chapter 13?

Note: The following data is compiled from various resources. It should be considered informational data. 

To better understand your case and requirements to file bankruptcy, you should consult with an attorney.

 

 

What is chapter 13?

Chapter 13 bankruptcy is the reorganization bankruptcy that usually works for individuals to repay their debts. 

Court asks you to develop a repayment plan that covers all or most of your debts.

Chapter 13 is also known as the wage earner’s plan.

 

What is the eligibility for Chapter 13 bankruptcy filing?

Any individual, even if self-employed or operating an unincorporated business. 

An individual’s unsecured debt must be less than $419,275, and secured debts of less than $1,257,850.

 

How much time do you need to make the payment?

You propose a repayment plan to make installments to creditors over three to five years.

 

Are your assets protected in chapter 13?

Your assets are protected from foreclosure and repossession while you repay your debt.

 

Can you file for bankruptcy yourself?

You can go through the paperwork and court process yourself without an attorney. 

However, It’s complex and tricky. So you have to be careful and precise. It’s wise to consult with an attorney.

 

Can you file chapter 13 online?

A lot of the paperwork and educational requirements can be done online with help from a bankruptcy attorney or a non-attorney bankruptcy petition preparer.

However, meeting with creditors and pleading with your case in court hearings must be done in person.

 

How to file for chapter 13 bankruptcy?

  • A chapter 13 case begins by filing a petition with the bankruptcy court.
  • You must also file a certificate of credit counseling.
  • You also file a repayment plan with the bankruptcy court detailing how you will repay your debts.
  • File schedules of assets and liabilities; a schedule of current income and expenditures; a schedule of executory contracts and unexpired leases; a statement of financial affairs. Fed. R. Bankr. P. 1007(b)
  • File a statement of current monthly income.

 

Bankruptcy Filling Fees

The courts must charge a $235 case filing fee and a $75 miscellaneous administrative fee. 

However, they may be paid in installments with the court's permission.

 

 

Source :

https://www.uscourts.gov/services-forms/bankruptcy

https://www.law.cornell.edu/rules/frbp/rule_1007

 

On By admin Posted in BankruptcyTagged

How to get a debt lawsuit dismissed?

If you fail to pay the outstanding dues to your creditor, he may file a petition with the court to start a debt lawsuit against you. 

However, it involves a lot of time and money for the entire process. 

Hence, most collectors try to settle the debt outside the court.

 

However, if you receive intimation from the court regarding your outstanding dues, you can use the following guidelines to dismiss your debt lawsuit.

 

Thorough Check

You must check your records and determine the amount you owe and when you made the last payment.

If you have failed to pay for a certain period, then it reaches a period when it becomes illegal for the creditors to charge you.

You must also check whether your name is correct and the correct amount of debt is specified. If you find any mistake, it can be favorable for you.

You should have ample evidence to challenge your creditor and, in the process, dismiss your debt.

Since there are various processes in debt collection, it is most likely that the amount, name, or other information may be incorrect.

Hence, the fortune tables turn towards you, finally dismissing the case.

 

Respond on time

It is essential that as soon as you receive the lawsuit, you must respond within the given time. It is a favorable action on your part because if there is no response, the judge may rule the case against you.

Moreover, once the judge takes the decision, it will become impossible to reverse it. Hence, you should respond to the lawsuit as soon as you receive it.

You can send a copy of your answer to the creditor, and you can also hire an attorney who can guide you through the debt lawsuit process.

 

Debt Settlement

If you can defend yourself against the debt, you may get a favorable judgment. However, if the decision goes against you, the best solution is to settle with your creditor.

Once you assure him of a payment plan, the creditor may dismiss the case against you. Therefore, it is necessary that when you are opting for a settlement, try to negotiate it at a lower amount.

You must also ask for a reasonable period within which you will be able to settle your entire debt.

Call to action

It is essential to respond to any summons you receive, and it is a positive sign that will help the case become favorable for you. 

If you do not know how to proceed, it is advisable to take the help of a lawyer who will guide you through the entire process.

 

How can a debt lawyer help me repay my bebt?

On By admin Posted in Debt Collection, International LawTagged

How to start a private trust in the US?

When you have an estate, you need to protect it in the interest of your loved ones in case of any unforeseen circumstances. 

The only solution to this is to create trust.

 

The prime advantage of creating a private trust is that it can protect and manage your assets for your family, relatives, and loved ones.

Moreover, you can also get tax exemption on your property, thus saving you from unnecessary expenses.

 

Components of a private trust

When you create trust, there have to be three essential components:

Grantor:

A Grantor is a person who makes the trust. He is the owner of the property.

 

Trustee:

You have to create a trustee who will manage the trust. It oversees and manages the assets of the trust.

 

Beneficiaries:

Beneficiaries are persons who will benefit from the trust in case of any unnatural inconvenience.

 

Therefore, if you create a private trust, your family and loved ones will significantly benefit in terms of money if the Grantor dies.

 

The working of a Trust

When the Grantor creates a private trust, he transfers the tangible assets to the trustee, who then oversees the management of the assets.

The grantor instructs the trustee on how to distribute assets in case of his death.

The trustee then manages the assets for a particular time and then allocates them to the members as per the Will of the Grantor.

 

There are two types of Private Trust:

  • Revocable Trust: A revocable trust is called a living trust. Hence you will be able to make changes at any point in time.
  • Irrevocable Trust: You will not be able to modify or alter an irrevocable trust. Once you create the will, it remains unaltered.

 

Creating a Private Trust

You can easily create a private trust as it is fast and easy. The Grantor will write down his requirements with specific conditions regarding his assets.

He will also specify the members who will benefit from the trust.

Usually, a private trust involves cash, Insurance policies, stocks, vehicles, and even personal properties. Therefore, it is necessary that when you are creating a Will, you need to get the services of an experienced attorney.

You can also get the help of estate planning services, which will guide you through the entire process and ensure that everything is in order.

 

Call to action


If you care for your family and loved ones, creating a private trust is essential, and it will protect your family members in case there are any unforeseen circumstances.

 

Wills and trusts legal services

On By admin Posted in Wills and trustsTagged