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January 15, 2021 by Cloc Law

What You Can Do to Take Action for Debt Collection Harassment

Criminal Lawyer

Debt collectors are in the business of making money. These agencies may use quite unruly and even illegal strategies to get payments from debtors. Mistreatment from a debt collector should be taken very seriously. A debtor may be entitled to financial compensation for such harassment, so it is important that you meet with a legal professional as soon as possible. 

The Motivation Behind Debt Collection Harassment

Debt collectors are typically motivated by the force to make money. Such an agency is unlikely to be kind to debtors who are way behind on paying off their debts. An attorney can provide insight into how a debt collector may utilize unethical, threatening, hostile, and even profane methods to lure a debtor into paying. A debtor may initially be startled to receive a call or letter of such an aggressive tone, from what is supposed to be a professional collection company. There are many ways in which a debt collector may be violating debtor rights, including but not limited to the following: 

  • Pressuring the debtor to pay more money than what is due
  • Denying requests by the debtor to show proof that an amount is due
  • Threatening the debtor that an arrest will be made if payments continue to be late
  • Making more calls per day/week/month than is permitted by law 
  • Intentionally scheduling calls when it is likely to be most inconvenient for the debtor (before 8:00am and after 9:00pm)
  • Calling the debtor’s place of work 
  • Making other empty threats that action will be taken against the debtor
  • Contacting friends and family and sharing private information about the debtor

What You Can Do to Take Action

As a debtor, you do have rights when it comes to how a debt collector can seek payment from you. Just because you owe money to a creditor does not mean you are revoked of your rights. In addition to meeting with an attorney, here are some ways you can take action in getting the harassment to stop:

  1. Contact both the original creditor and the debt collector through phone call and written letter, that you request the harassment to stop. Keep a copy for your own records too, just in case you decide to take legal action and proof is needed.
  2. Request that your debts be verified, in order to prove that you actually owe what the debt collector is demanding from you. 
  3. Start creating written records of every time the debt collector contacts you (note down phone numbers, do not delete voicemails and keep letters sent via mail). 
  4. Contact the debt collector and request that you are not contacted at your place of employment, as your employer does not permit such calls to be made. 

If you feel your rights have been violated and wish to consult with an attorney to discuss how to proceed, contact a lawyer like the lawyers at Johnston & Martineau PLLP. for more information about your case.

Filed Under: Uncategorized Tagged With: criminal lawyer

January 15, 2021 by Cloc Law

4 Facts About Drug Court

Criminal Lawyer

If you have been accused of driving under the influence of an illegal substance, you may be offered drug court as an alternative to jail time. If you are eligible, you will be removed from the traditional court system and placed into this alternate program, which may help you recover from drug abuse and support your efforts with certain incentives. However, before you agree to enter drug court, there are a few facts you may want to learn beforehand so you know what to expect.

1. You Must Be Eligible to Enroll 

When you appear before a judge for your charge, he or she may review your criminal history before offering you the chance to participate in drug court. There are a few factors that might influence the decision such as your age, as minors cannot participate, and whether you have a history of violent behavior, as this may bar you from entering the program. If this is not your first offense, the judge may consider you as a candidate to help you end the cycle of addiction.

2. The Program Is Intensive 

While you may think of drug court as a reprieve from traditional judicial proceedings, it is important to understand that the program is often an intensive one and will likely require a great deal of responsibility on your behalf. You could be subject to random drug tests, need to appear in court often and remain drug-free in the future. However, while daunting, the program can be beneficial and change your future.

3. Drug Court Involves Many Community Members 

Even though entrance into drug court is typically ordered by a judge, there are many individuals involved who may help you on your journey. Police officers, lawyers, social workers, therapists, and even members of your family and friends may all participate in helping you graduate. Having support from multiple sources may give you the courage and fortitude that is required to successfully complete drug court, no matter the circumstances of your charge.

4. Drug Courts Are Successful 

Attending a drug court program is likely to greatly reduce your chances of being arrested for a DUI in the future. The Justice Programs Office School of Public Affairs reports that some programs like this have reduced repeat offenses by 40 percent. As such, you may avoid future brushes with the law, avoid having your license suspended, and save yourself the public humiliation that often comes with being charged with driving under the influence of narcotics.

The decision to enter drug court may be a daunting one, but support is available. Contact a lawyer, like a criminal lawyer from Rispoli & Borneo, P.C., today, or go online to schedule an initial consultation.

Filed Under: Uncategorized Tagged With: criminal lawyer

January 13, 2021 by Cloc Law

A Family Lawyer for Custodial and Support Rights of Unmarried Parents

If you are unmarried, but have a child (children) with a partner whom you are separating, you may be concerned about child support and custody. As a family lawyer, like from Pioletti, Pioletti & Nichols knows, nothing may be as important to you as your children. Your assets, property, and material items cannot replace the love and bond you have with them. Now that you are separating from their mother or father, you might wonder how the laws apply to your case – especially because you were never married. 

Understanding the Rights of Child Custody for Unmarried Parents

Child custody rights somewhat vary for unmarried parents. Although each state has their own specific rules, there are similarities. Usually, until the biological father obtains a court order to assert his custody rights (as well as parental rights), primary custody will be presumed to be with the mother. This is often true whether a paternity action has been filed, or an Affidavit of Parentage was drafted at the time of birth. In general, unless child custody is litigated, the mother retains custody of the child. The father may not have any custody or visitation rights until the necessary pleadings have been filed. A family lawyer may be needed in order to complete this. 

You can turn to a lawyer for the legal representation and answers you may need. They will be happy to discuss with you issues such as the rules and laws for unmarried parents, child custody, child support, parenting time, and more.

If you are the father of a child who wishes to have a relationship with him or her, and you are not married to the mother, it is very important that the right pleadings are filed with the court in order to establish your parental rights.

Child Support for Unmarried Parents

According to the law biological or adoptive parents owe a duty to their children to support them. If they fail to do so, the court can order them to step up. The amount of child support paid, and who will pay it, depends on factors such as:

  • The income of each parent
  • The number of children requiring support
  • The number of overnight stays each parent will have
  • The tax status of each party
  • The amount each parent pays for the child’s health insurance
  • The cost of child care
  • Whether either party has other children to support

Based upon the courts’ findings, child support will be ordered. The custodial parent is presumed to contribute directly to the child; therefore, it is the noncustodial parent who will likely be ordered to pay support. The rules for unmarried parents are largely the same. If you are seeking support, or have been ordered to pay support, and you need legal assistance, call a family lawyer. 

Filed Under: Uncategorized Tagged With: criminal lawyer

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