What Is a Judgment Enforcement Agency?

By Mark D Shapiro
There are many web sites describing themselves as being a national Judgment Enforcement Agency (JEA).

There is nothing wrong with having a web site with a name resembling "Judgment Enforcement Agency". However, it is important to understand that most web sites that say or imply this, are not actually national JEAs.

Both collection agencies and lawyers, can enforce judgments for you. Post judgment lawyers get paid by the hour. Judgment Enforcers (JE) only get paid for success. However, JEs cannot enforce judgments for you until they become the legal owner of your Judgment.

JEs must buy your judgment - and become the new owner. JEs must be assigned (transfer ownership of) your judgment in its entirety. Such an assignment must be notarized and endorsed by the Court.

Some States are making judgment enforcement a part of debt collection law, and are requiring or trying to require JEs to become collection agencies.

Even when a (non-lawyer) JE has a team or office with more than one person, in most States and situations, only one person can sign Court documents, appear in Court, and be the legal enforcer of a judgment. In most States, a corporation, LLC, or partnership cannot represent itself in civil Court.

In most States and situations, JEs have to appear in Court as a person, not a company. Even sole JEs are not really alone. Most do a lot of outsourcing with marketing, private investigators, process servers, other JEs, and lawyers.

If one calls themselves a collection agency or a judgment enforcement agency, they must abide by all local and State laws regulating a collection agency in every location they work in.

Some States require everyone owning or working at the collection agency to meet strict State requirements, such as bonding and background checks, and have (and maintain) a certain amount of financial net worth.

Anyone meeting the local and State requirements can be a collection or a judgment enforcement agency without being an attorney. Ironically, most states exempt attorneys from becoming a collection agency.

Even when an attorney runs a judgment enforcement agency, State laws sometimes control them. As an example, Florida requires an attorney to become a collection agency if the majority of the firm's caseload involves collections. Interestingly, attorneys and law firms have recently been sued by state Attorney Generals for FDCPA violations, and infractions.

So, if a web site or a person tells you that they are a Judgment Enforcement Agency, ask them if they, and all their advertised agents meet all State and local laws. Be aware, if someone says they are representing an agency but are not legally doing so, in some States, the original judgment creditor may be liable for damages as well as the non-agent enforcer.

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Michigan Driver's License Restoration, Appeal

By Matthew R Van Steenkiste

What is the Difference between a Suspension and a Revocation?
When your license is suspended, it has been taken away for a specific time period and will be returned to you when the period is over and when you have paid the reinstatement fee. In contrast, revocation means the permanent loss of both your driver's license and of the privilege of operating a motor vehicle. After the

minimum period of revocation, (one year or five years) you may re-apply for a license and try to prove that you will be a safe driver in the future.

License Appeal Hearings
Drivers who are aggrieved by a final decision of the Sectary of State may request a Driver License Appeal hearing. Administrative Law Examiners (Hearing Officers) conduct hearings throughout the state as authorized by MCL 257.322. Many hearings are conducted via video conference equipment in accordance with Administrative Rule 257.304. The hearings for the greater metro-Detroit area are typically held in person, at the Livonia, Michigan branch.

These Hearing Officers preside over the following:

• Appeals from branch office application denials.

• Driver Assessment actions.

• Implied-consent hearings.

• Appeals for license reinstatement following a revocation for being a habitual offender with multiple substance-abuse convictions.

• Appeals for license reinstatement following a revocation for being a habitual criminal involving a motor vehicle.

• Appeals for license reinstatement following a conviction of murder, manslaughter, or negligent homicide with a motor vehicle.

• Appeals for license reinstatement following a conviction of causing the death or serious injury of another person while intoxicated or impaired by alcohol and/or drugs.

What do I need to show to get my license back?

You need to provide documentation and testimony to prove by "clear and convincing" evidence that your alcohol problem is under control and likely to remain under control. Evidence that the likelihood that you will again drink and drive is low or minimal, and be able to demonstrate that you have the ability and motivation to drive safely and within the law. You must prove abstinence from alcohol for at least one full year.

Remember, hearing officers have a tremendous amount of discretion when deciding your matter. Without us, or another competent attorney, you run the risk of saying or doing the wrong thing, increasing the length of your revocation. For this reason, looking for an attorney who practices in this area of law is particularly helpful.

How can we help you to get your drivers license back?

Having an attorney present at your driver's restoration hearing will always increase your chances of success. However, for our attorneys, helping to get your license back is not just about being present at the hearing. The company is involved in every aspect of the appeal process, maximizing your chances of having your driver's license returned.

Key Evidence

Our lawyers will help you gather and sculpt key evidence for your hearing such as- substance abuse evaluations, substance abuse treatment records, AA sign-in sheets, and letters of sobriety from your family, friends, and co-workers. In addition to submitting a substance abuse evaluation, we will help you get and select your 4-6 community support letters used by the State to verify abstinence your from alcohol.

The same exact sobriety date must be explicitly stated in all letters, they must be notarized and must include specific information regarding your history concerning alcohol, past and present. The letters should come from a cross-section of the persons' life. You should consider asking your friends, family members, fellow AA members, teachers, or co-workers to write letters for you.

Our lawyers will help you make the best choices concerning which evidence to submit and which witnesses to call. Our lawyers will help you prepare all paperwork and filings concerning your Michigan restoration of driver's license case. You must bring documentation of participation in a support group, such as AA. You should get an attendance sheet as well as signatures from members of your groups to support your DAAD hearing.

Preparation

Our lawyers will help you will make sure you are prepared to testify by conducting a practice run of the hearing in our offices, in order to review and polish your anticipated testimony. Hearing officers look for consistent involvement in AA (i.e. at least twice a week) for at least one year, or at a very minimum some involvement in a structured and consistent substance abuse counseling. You must be familiar with the 12 steps of AA, know the AA prayer and be familiar with the Big Book. Our lawyers will be there at the hearing, and will ask you the questions necessary to establish your case, question witnesses to elicit favorable testimony, submit key evidence to the hearing officer, and argue on your behalf.

Hire the dedicated license restoration attorneys of the company. Your legal matter is important to us, we strive to give you the proper legal advice and personal attention you should demand and deserve.

If I win, will I get my license back?

Following a License Appeal hearing, a petitioner receives a written Order by mail. After conducting a hearing and reviewing the documentation provided concerning your matter, the hearing officer assigned to judge your case has three options. First, they can deny reinstatement outright. Second, they may grant you a restricted license with or without an ignition interlock device. Or third, they provide you a full restoration. What type of license is issued is completely dependent on the discretion of the hearing officer based on the evidence presented, and is all the more reason to work with an attorney in preparing your case. The order will specify the reasons(s) why a licensing action was upheld, amended, or denied. We are here to help you. Payment plans are available, and as always you are under no obligation to retain our services, and our advice during the consultation is free.

What Happens if I Lose at the Hearing?

If you are the victim of an adverse determination by one of the Sectary of State's Hearing Officer you have three options. First, you may wait a year until you are next eligible for a new hearing. Your second option is to file a petition for a rehearing. Your third option is to appeal to the Circuit Court in the county where you reside, or in the case of an Implied-consent appeal, in the county of arrest.

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TASER Use and Possession in the State of Florida

By Annabelle Lehoux

Due to the rapid increase of crime rates nowadays, people are beginning to be more wary of their safety and security. Criminals can strike anywhere and everywhere. Every minute someone is being mugged, attacked, robbed, raped, abducted and murdered. Who knows what goes on in the mind of an attacker? Who knows who his next victim will be? It could be your neighbor. It could

be your good friend. It could be someone you know from your yoga class. Or it could be you. The most important thing is for you to be prepared all the time. For this reason, non-lethal self defense devices were created.

The TASER device is one of the most effective personal protection products available for both police and civilian use. It is a non-lethal electroshock device that uses electricity to deter your attacker. This device allows you to prevent your attacker from hurting you without having to come in contact with him. The TASER device can be fired up to 15 feet and clings to your attacker's body. If somehow you missed, you can still use it as a stun gun. It is also safe for you to use and safe to use on your attacker because of its high voltage, low amperage technology. High voltage is safe. It's the amps that kill. Before you decide to buy one however, you need to know what laws govern your state. Some states prohibit the use of TASER devices. There are also some states that allow its use with some restrictions.

If you are a resident of the state of Florida, then you have the privilege of carrying and using the TASER device if the need arises. The police are explicitly allowed to use the TASER device in subduing criminals primarily because it prevents them from using the lethal firearms. Private individuals are also allowed to carry it with them as long as it is concealed and only for self defense. Generally, anyone who is under the age of 18 is prohibited to purchase, own, or carry a stun device such as a TASER device. In Florida however, parents are allowed to let their children aged 16 to carry and use the TASER device as long as it is with their consent and permission.

People who are not allowed to use and possess TASER devices in Florida include a person who has been convicted of a crime in that state, as well as a minor who has committed a felony which would have been considered a crime if he was already an adult when he did it. This prohibition to a minor will last until he is 24 years old. Minors are also not allowed to carry and use these devices. If a parent is caught allowing his minor child to use it, he can be charged with a second degree offense.

Carrying a TASER device is one of the best ways of providing protection and security to yourself and your family. But you also need to be responsible when handling it to avoid mishaps and possible accidents. Use it wisely and only for self defense. Know how to use it so you can be sure that it will work to your advantage.

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IRS Tax Lawyers Information and Tips

By Efti Babu

IRS tax lawyers play a very important role when in the world of taxes. Many people have simple tax returns and may rarely, if never, need the services of a tax attorney. Some returns are more complex and have plenty of room for error, which can sometimes be the cause of an audit. When someone makes an error in the preparation and calculation of their taxes they may be hit with a notice of audit from the Internal Revenue Service.

An audit is a very serious situation where a tax analyst from the IRS will personally come to either your place of residence or your business, depending upon the individual situation. They will have to work with you to straighten out your financial records, receipts and other documents pertaining to the last several years of taxes you have filed.

Basically, your current year of taxes are being investigated and reviewed along with your past years. It is a safety net tactic that the IRS uses to ensure that other mistakes were not accidentally overlooked in your past filings. The analyst assigned to your case will take all of your records and documents through a process to determine the total amount of taxes you are liable for. This will then determine whether the IRS demands money from you or not.

This is the time to act upon your own financial safety by finding some legal help, such as one of the many IRS tax lawyers that make a living to ensure that your audit hearing is safe and fair. They are able to help fight the IRS in legal court to help you get the best ruling possible.

There are also tax attorneys that specialize in areas that involve criminal acts and, if you are faced with such a situation, you could benefit greatly by getting a criminal tax attorney instead. Taxes are no laughing matter and if there is a chance that criminal court may be involved then for the sake of your safety seek only IRS tax lawyers that are skilled and knowledgeable in the criminal tax field.

Either way, it is highly recommended to hire some kind of tax attorney when faced with an audit situation from the IRS. The services of a tax lawyer are to help you avoid any other problems that could arise out of the initial infraction. For instance, if you settle for a balance and payment plan that you can barely afford you are setting yourself up for failure. A lawyer that knows what they are doing will fight for your rights and demand that you be given a way to pay that fits your lifestyle and budget.

This type of situation will work for both parties, the IRS and you, because the outcome can be a payment plan that is designed to allow for easy payment of the court ordered amount. IRS tax lawyers are specifically trained to make an audit situation as easy and productive as possible. This is the only way to make the best out of a hard situation.

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A Comparison Between Employing an Agency and Requesting For a Pardon on Your Own

By Lawrence Ocampo

The most frequent enquiry pardon lawyers are asked is probably: Why must I pay an agency to request for a pardon for me when I can do it myself? To be completely honest, there are pros and cons associated with any alternative, and the choice is eventually a personal one. Initially, it is possible to apply for a pardon by yourself. Forms are obtainable via the National Parole

Board, selected court houses, and selected police stations. You do not require an attorney, and you will not be required to appear before a judge in order to obtain your pardon. Having said that, asking for a pardon is not merely a matter of selecting several check boxes and affixing your signature on the signature line. In order to answer the paperwork, you will need to make a significant amount of groundwork and will have to transact personally with numerous government offices including the RCMP, courts, police and, most likely, the National Archives.

You need to also keep in mind that asking for a pardon is extremely a step-by-step, progressive process - you must finish step A before advancing on to step B, etc... Some forms also expire after an indicated period of time, meaning that, due to lack of experience, people often jump the gun and complete certain steps too early, which allows the paperwork to expire, which means that they need to begin all over again from square one. An agency that specializes in pardons is obviously adept with the process and will not commit this particular mistake. Furthermore, because of experience within the field, a knowledgeable pardon service may be able to shave months off of the process which is, to be absolutely honest, a long one. In particular exceptional situations, it is possible to jump the gun and finish certain phases ahead of schedule. A service will be able to ascertain if and when this is applicable or even possible.

Lastly, one extremely frequently held misunderstanding is that submitting an application for a pardon on your own is free of charge. It is not. Just forwarding the application to the Parole Board for assessment costs $50. Apart from that, there are charges connected with almost every step of the process. You can expect to pay anywhere from $25-$50 for fingerprinting and another $25 to have your prints authenticated by the RCMP. Requesting court information often carries costs as well. In the city of Calgary, for example, court records cost $20 for every conviction. If someone has 3 or 4 charges on their record, you can observe how this could quickly add up. Lastly, there may be charges for local police records checks. These vary from $0- $80. Assuming this perspective, you will see that the payments imposed by a pardon firm may not really be so exorbitant.

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Public Criminal Records - Find Out Who is Using Them and Why

By Jacob C Michaels
(Legal/National-State-Local)

For different reasons and motivations, records of felons are accessed by a number of different people. By knowing who's behind the search of government public criminal records, you will be able to decide if you should be doing the same. Without further ado, let's get to it: who's using these records to get their information?

There are a number of people who use these public records, and all have their own reasons for conducting such a search. Some of the people that may be using public criminal records to discover pertinent information about an individual include the following:

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