Debt Attorneys in Dallas

A Dallas debt attorney can help you get through some of the most difficult times in your life. Virtually everyone will cope with financial issues at some point, but sometimes these issues become overwhelming and it is necessary to seek out the assistance of the debt attorney to ensure that the situation doesn't worsen. If you have been struggling with financial troubles, the services of a debt attorney can help you to overcome these trying circumstances and get your feet on more stable ground.

There are two basic ways that a debt attorney can help you toward a brighter financial future. These are:

Bankruptcy Law

Filing for bankruptcy is more common now than ever. People who've been struggling with a shaky economy and frighteningly low employment have realized that their financial troubles have exceeded their ability to handle them, and are now seeking ways to overcome these challenges and obtain a fresh start. When it comes to bankruptcy, a debt attorney can help explain the process to you and evaluate your circumstances to determine if filing for bankruptcy is appropriate for you. If you determine that such a petition could benefit you, this attorney can also help you to fill out the petition and collect the required paperwork to your case can be prepared and submitted. Once your case is been submitted, your attorney will stand by your side and help you through every step of the process.

A debt attorney will tell you that bankruptcy is often a complex and difficult process that is not successful for everyone. By seeking the guidance of such an attorney as soon as you start thinking about filing, however, you're in a better place to understand how bankruptcy may benefit you and decide if you would really like to undertake the challenges that bankruptcy may present.

Credit Card Defense

It is easy to become wrapped up in credit cards and quickly find yourself drowning in credit card debt. You may even end up owing so much and going so far into default that the credit card company sues you. If you have discovered that a lawsuit has been brought against you by a debt collector representing the credit card company, immediately seek the guidance of a debt attorney. This can be a truly frightening situation, but you cannot help to solve the problem if you ignore it or don't seek proper representation.

A debt attorney can help you through such a process by ensuring that the debt collector stops bothering you, and that it is held fully responsible for presenting adequate evidence against you. This can help you save a tremendous amount hassle, and may even save you money in the long run.

Divorce – How Marital Debts Are Divided

Divorce generally includes a number of aspects concerning the dissolution of the household and assets. Because state laws differ, the identification as well as the disposition of marital debt has remained somewhat ambiguous. However, debt remains a common element in most every relationship. Thus, the court system has been dealing with its ramifications for decades.

History and Theory

It has only been since the late 20th century that statutory provisions have been implemented in most states. The laws are general so the specifics will vary for each individual marital relationship and situation. The most widely held view pertaining to marital debt is that it is comprised of debt that incurred only during the course of marriage and for marital purposes. Even if you were to hire the best divorce lawyer in Orlando for example, you would still be advised that usually, debts incurred prior to the marriage or in the post separation period are the responsibility of the specific named debtor.

Marital Debt

Marital debt is dealt with as marital property the same as with all other property and assets that is acquired during the marriage. Therefore, it is included within the context of the divorce process. The two types of debt are categorized as:

Usually, only what is considered as joint marital debt is divided by the judicial court system. As an example, a vehicle, home, piece of property or any other financial obligation incurred with the intent of both parties to benefit from it would be considered as joint marital debt.

Process

Generally, there are two ways of dealing with marital debt during divorce proceedings:

Community vs. Equitable Property

The division of debt also depends upon if the parties reside in an equitable or community distribution state. Community property states mandate that each party is responsible for debt incurred during marriage regardless of whose name is on it. For instance, both parties are responsible for a home mortgage whether or not their name is on the mortgage documents. Equitable distribution states mandate that a party is only responsible for debts in their name. Therefore, marital partners should be careful when purchasing property that both parties should be responsible for paying. Otherwise, if one name alone is on that debt, he or she will be required to pay it off alone once divorced.

The above is just one very important reason to consult a divorce lawyer prior to and during a marriage. Divorce itself can be a very confusing time and the legal system very complex. Therefore, it is best to seek the advice of a competent lawyer to help navigate the process. He or she will ensure that all assets are divided according to the laws in the state where the parties reside.

Have You Been Charged With A Marijuana Crime In Los Angeles, Ca?

This article provides a brief overview of common marijuana charges in California. It is critical that anyone charged with a marijuana crime understand the charge and potential defenses to it.

Marijuana crimes are generally divided into three categories: (1) possession, (2) possession for sale and (3) sales. Because these are separate criminal charges with different punishments and defenses it is necessary to examine each charge separately.

Possession of marijuana (Health & Safety Code 11357) is charged when a person possesses marijuana for personal use and not for sale. Possession of a small amount of marijuana, usually less than 1oz., is a misdemeanor punishable by no more than a $100 fine. Other marijuana possession charges are misdemeanors, with the exception of possession of hash which can be charged as a felony. In most cases, people charged with marijuana possession qualify for ?drug diversion? which is a drug education program. If the program is completed the marijuana possession charge is usually dismissed!

Possession of marijuana for sale (Health & Safety Code 11359) is a more serious charge than simple possession. It is a felony punishable by 16 months, 2 or 3 years in state prison. ?How do the cops and D.A. prove that marijuana was possessed for sale and not for personal use?? They typically rely on the following types of evidence: defendant has marijuana and baggies or a scale; defendant has marijuana and significant cash; and there is more marijuana than expected for personal use. Possession for sales charges must be vigorously defended against. Successful defenses may include (1) insufficient evidence of intent to sell, (2) illegal search and seizure ? it is not uncommon for the cops to find marijuana through an illegal search, and (3) showing that even a large quantity of marijuana may be for personal use.

Marijuana sales (Health & Safety Code 11360) is charged when a defendant allegedly sells or transports to sell marijuana or simply offers to do so. Marijuana sales is generally a felony punishable by a 2, 3 or 4 year prison sentence. Marijuana sales may be charged from direct evidence of sales ? for example a stake out or sting operation ? or based on indirect evidence such as a large quantity of marijuana and frequent visitors to a suspected sales premises. A strong defense must be mounted against any marijuana sales charges. If a an offer to sell was made under duress, as a result of entrapment, based on an illegal search or seizure, or there is otherwise insufficient evidence of actual sales, theses defenses must be raised to challenge the prosecution?s sales charges.

I hope this article has been helpful.

Sincerely,
Garret Weinrieb, Esq.
Valerio | Weinrieb Criminal Defense Attorneys

(note: Information contained within this article is intended for general information purposes only and is not, nor is it intended to be, legal advice for any individual case or situation. The information contained within this article is not intended to create an attorney-client relationship and use of this article, and any information contained herein, does not constitute such a relationship.)

Solving GP Partnership Disputes

A partnership dispute between General Practitioners (GPs) will affect a business and its employees but most importantly, if it becomes serious it has the potential to affect the patients you treat. So do not under any circumstances let your GP dispute fester without paying it some serious attention. It is always best to deal with issues when they are at their minor stage, nipping them in the bud, rather than letting them progress to a major stage.

Dealing With A Dispute

First things first, look to your partnership agreement. Partnership agreements are legally binding documents and if you have a well drafted agreement it will contain all the information you should need to settle your dispute quickly, be this detailing the procedure for removing a partner, or detailing which form of dispute resolution it has been agreed that parties will use. Generally common issues will be dealt with and you should have specific rules and procedures outlined within the document that must be adhered to.

There are 3 common ways of dealing with dispute if you cannot simply use the partnership agreement to resolve it. These are the following (listing in heightening degree of both severity and cost):-

Mediation: mediation is the most relaxed form of dispute resolution. It simply involves the parties talking through the issue with a mediator present. The mediator does not contribute to the discussion, nor do they offer their opinion on the matter. The idea is that the mediator allows each party fair and equal time to speak and get their opinion across in a non-aggressive environment. The aim is ultimately for a conclusion to be reached which is mutually accepted without having to take the matter further.

Arbitration: For arbitration to commence both parties must have voluntarily agreed to the use of this form of dispute resolution. This agreement will either be made at the time of the dispute, or will have been made before the dispute occurred. Usually this will be in the partnership agreement, which must have been voluntarily signed. A chartered arbitrator will look over the case and all its evidence and will then make a legally binding decision on how to best resolve the dispute. The benefit of arbitration to businesses is that it is completely confidential and generally takes less time than traditional litigation, making it cheaper.

Litigation: Finally, traditional litigation. If no other technique works, take your case to court. It will come to a conclusion which will be enforced by law. It may take longer than other options and be slightly more expensive but ultimately it will put the matter to bed.

Contact a business dispute lawyer or a chartered arbitrator today if you need advice regarding the best resolution option for your GP partnership dispute.

Protecting Your Kids From Divorce Trauma

Whether a divorce is particularly messy or if it is as civil as possible, it will still be painful for the entire family. Children particularly suffer during this time. Although you are dealing with your own mental and emotional issues during your separation, it is important to protect your children as much as possible.

First of all, it is important to keep your children out of it as much as possible. It can be easy to try to talk to your children about what is going on because you feel alone, but you need to find a friend or a counsellor to discuss your divorce issues with. Even if your children are older, they will still feel as if they are being put in the middle of the situation if you tell them too many details.

It is also important to let your children know that this separation is not their fault. You might be surprised to find just how many children do feel this way. Also, make sure that your children know that both of their parents still love them and that they are not being abandoned by the spouse that is leaving.

Arguing over the kids will only make the situation worse. Some partners try to use their children as a way to punish their spouse, but this is the wrong thing to do. Arguing over custody and child support can really hurt your children, and it will make them feel as if all of the fighting is their fault. You have to be as civil as you can possibly be, and bring a mediator or family attorney into the mix if you need guidance. Remember that taking your children away from one parent can be very hurtful to them and can have negative effects on them later in life, so encourage them to spend time with both parents to keep them as happy and healthy as possible.

Lastly, try to keep their life as normal as possible. Divorces often result in moves, the changing of school districts and other changes, and a child might feel a loss of safety, security and normality. Do as much as you can to keep your child's life as stable as possible during this time.

Although divorces are very painful and traumatic for the entire family, you can make things go much more smoothly if you make the effort. Not only will your children be able to transition to their new life much more easily if you take these steps, but you will also find healing to be easier for yourself.