Daily Archives April 28, 2015

Choosing A Process Server

Choosing A Process Server

by: David G. Hallstrom, Sr.

In civil court matters, a process server is someone who serves or delivers legal documents, ie. subpeonas, summonses, court orders, various legal notices and in some cases writs. Process servers normally fall into one of four (4) categories:
1. Registered or licensed process servers: In most states, process servers are registered by their county. In some states, like California a process server, once registered in one county can serve papers in any other county within that state. In some other states a process server can only serve papers in the county in which he or she is registered. Most, but not all counties, when registering a process server require the applicant to be bonded or insured.
2. Private detectives and investigators: In most states private detectives and investigators are licensed by the state and exempt from registering as process servers. They and anyone in their employ can serve legal process and when doing so are considered officers of the court.
3. Sheriffs, Marshals and Constables: Sworn peace officers.
4. Non registered or licensed individuals: Friends, relatives and others.
In many states as in California a non registered individual may serve up to ten (10) legal documents each year provided that individual is not a party to the action at hand. ie: a plaintiff or defendant, etc.. When the service of the paper has been completed the server must sign an affidavit that the paper was served properly. That affidavit must usually be signed under penalty of perjury.
It is not usually a good idea to have a non professional serve process. They do not normally know the laws and rules involved in process serving nor do they usually know how to fill out a proper proof of service...

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Got A Beef: Here’s How To Get Satisfaction

Got A Beef: Here’s How To Get Satisfaction

by: News Canada

(NC) – Have you recently purchased a product that doesn’t do what it’s supposed to do? Do you feel like you were deceived? Here’s what the Canadian Consumer Handbook and Consumer Connection suggest you do in such a situation:

First of all, don’t be afraid to complain. The majority of businesses will be pleased to set matters right. They realize that customer goodwill is still the best form of advertising.
Keep a file of important information. Include copies of sales receipts, repair orders, warranties, cancelled cheques, contracts, and any letters to or from the company.
DO NOT PROCRASTINATE. If a product is defective, it is important that you return it quickly so that you do not lose the right to get your money back, as well as damages in some cases.

Consumer Connection (located at http://consumer.ic.gc.ca) has information not only on complaining effectively but also advice on consumer rights, making informed decisions, and protecting yourself from unscrupulous dealers. The Canadian Consumer Handbook gives vital information on the differences between proper and improper business procedures, on how to approach banks, insurance companies, utility companies, landlords and many others.
Consumer Connection is an award-winning Web site developed by the Office of Consumer Affairs of Industry Canada. It provides rapid access to consumer information, powerful tools to cut research time, and many useful links to consumer and other organizations. Canadians can access Consumer Connection from home, the public library, community access points or from Government of Canada, provincial and territorial service outlets...

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What Type of Loan Do You Need?

What Type of Loan Do You Need?

by: Mike Yeager

There are many types of loans available to consumers. There is no shortage of people willing to lend money to qualified individuals. It is a matter of knowing what you need and what is available to you. Student loans, personal loans, auto loans- all types to offer to you. In order to get the best loan that fits your needs, You can find this information by contacting lenders, or researching online.
If you are in the market to purchase a home, finding the right home loan is crucial to investing wisely. There are many lenders who want your business. Many of them have different rates they can offer or added incentives for purchasing your mortgage through them. Personal loans are similar in that you can shop around for the best fit for your needs. Many times with auto loans, car dealerships can offer you a better rate if you get your loan through them instead of your bank. Military loans, just as they sound, are issued for military personnel and may offer a lower rate. Whatever you are looking for, check out your possibilities completely though.
There are also loan traps. A good example of this is a payday loan. While a great way to get money in a hurry for an emergency, they have added fees that can make your loan very costly. These loans let you barrow money from your future paycheck. Once you get your paycheck, they then deduct they money you borrowed plus interest and fees from you checking account. Unless you need money quickly and can afford the added expenses, they should be avoided.
In order to find the best loan for your needs, research your options. You can find information online by using a major search engine. Just type in the type of loan you are looking for and you will find many choices...

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Legalizing Crime

Legalizing Crime

by: Sam Vaknin

The state has a monopoly on behaviour usually deemed criminal. It murders, kidnaps, and locks up people. Sovereignty has come to be identified with the unbridled – and exclusive – exercise of violence. The emergence of modern international law has narrowed the field of permissible conduct. A sovereign can no longer commit genocide or ethnic cleansing with impunity, for instance.
Many acts – such as the waging of aggressive war, the mistreatment of minorities, the suppression of the freedom of association – hitherto sovereign privilege, have thankfully been criminalized. Many politicians, hitherto immune to international prosecution, are no longer so. Consider Yugoslavia’s Milosevic and Chile’s Pinochet.
But, the irony is that a similar trend of criminalization – within national legal systems – allows governments to oppress their citizenry to an extent previously unknown. Hitherto civil torts, permissible acts, and common behaviour patterns are routinely criminalized by legislators and regulators. Precious few are decriminalized.
Consider, for instance, the criminalization in the Economic Espionage Act (1996) of the misappropriation of trade secrets and the criminalization of the violation of copyrights in the Digital Millennium Copyright Act (2000) – both in the USA. These used to be civil torts. They still are in many countries. Drug use, common behaviour in England only 50 years ago – is now criminal. The list goes on.
Criminal laws pertaining to property have malignantly proliferated and pervaded every economic and private interaction. The result is a bewildering multitude of laws, regulations statutes, and acts.
The average Babylonian could have memorizes and assimilated the Hammurabic code 37 centuries ago – it was short, simple,...

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Your Will – A Personal Reflection Of Your Life

Your Will – A Personal Reflection Of Your Life

by: News Canada

(NC)-Every person is unique, however, people have common needs – air,
water, food, shelter, love, a sense of accomplishment. Beyond these, we are also concerned about our current financial needs, our futures and our family’s well-being. Our day to day living is stressful enough and preparing a Will is not a subject most people talk about easily. The topic is usually ignored. Unfortunately, that is what almost half of Canadians do. Even among people who have already made Wills, most have not had their Will professionally reviewed every five years as recommended to keep pace with family, tax and legal changes.
What is a Will?
A Will is a written document, properly dated, signed and witnessed, in which you detail how the things that you own and your money are to be distributed after your death.
Why Is Estate Planning So Important?
Dying without a proper Will (or one that is out of date) risks needless taxation, legal challenges, delays, and family upset at an extremely stressful time. And your property may not be distributed as you intended. The only way to ensure that the things that you have worked hard all your life to have, will be passed on in a timely, tax-effective manner, according to your wishes, is to have a valid, up-to-date Will.
Without a written Will:

If you die ‘intestate’, that is without a Will, you will allow the province in which you lived to decide the distribution of your estate.
Your lifetime earnings could easily be depleted by taxes and unnecessary administration costs.
The settlement process will be drawn out and your family may undergo financial hardship.
You can not express your choice of a guardian for your young children.
Nor will you have a choice of Executors, the individual ...

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