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What Is Premises Liability

Premises liability is the responsibility that a property owner has towards their guests to provide them with a safe and properly maintained property during their visit. Under premises liability a property owner is liable for injuries or damages sustained by guests in a preventable or foreseeable accident. There are a few things that are considered during premises liability cases including: Negligence on behalf of the [...]

Watch For Delayed Symptoms After A Car Accident

When a serious car accident happens, it can be obvious when to call for emergency medical services but in smaller collisions where neither party appears to be injured on the surface, an ambulance is usually not called. Just because you do not immediately feel hurt doesn’t mean that the car accident did not do damage to your body. Many times, a few days after the [...]

What To Expect In Chapter 7 Bankruptcy

If you are considering filing for bankruptcy, there are a few things you should know about the process and what to expect once you decide to file. First, you will have to decide if you are going to file Chapter 7 or Chapter 13 bankruptcy. Chapter 13 bankruptcy reorganizes your debt and creates a repayment plan for you to stick to so that you become [...]

Can The Bank Garnish My Wages In Foreclosure?

Facing the foreclosure of your home is an upsetting time and notifications from your lender can be confusing and a jumble of legalese that is difficult for a non-lawyer to understand. People have many questions and concerns regarding foreclosure, a major one being: “Can the bank garnish my wages in foreclosure?” What Is Wage Garnishment Wage garnishment is when a lender is able to deduct [...]

The Difference Between Debtor Education And Credit Counseling

Filing for bankruptcy can be an overwhelming process and there are a few pre- and post-requirements that you need to complete in order to successfully navigate through the bankruptcy process. There is the pre-filling credit counseling certificate that must be completed before you can file for Chapter 7 or Chapter 13 bankruptcy and then there is the post-filing debtor education certificate that you need in [...]

Can a Last Will & Testament be Contested?

A will can be contested, or disputed, based on one of the following grounds: Invalid Execution Lacking Testamentary Capacity Lack of Knowledge and Approval Undue Influence Fraudulent or Forged Wills Rectification and Construction Claims   Invalid Execution In order to claim that a will is incorrectly executed, one or more of the following requirements was not met: The testator, the person making the will, must [...]

Implications of a Joint Account During Probate

“Our Mom only added my sister to her accounts so she could help pay bills on time. The money was supposed to be divided equally amongst all of the children like the Last Will & Testament says!” This is a common situation for many families after the passing of a parent. Mom (or Dad) added their child who lives closest to them to their checking account. They [...]

Do You Get Out Of All Debts If You Declare Bankruptcy?

The goal of filing under Chapter 7 bankruptcy is to have your debts discharged or wiped out. Most types of debts can be discharged when filing for Chapter 7 bankruptcy; however, some debts are not eligible to be discharged. What is a Discharge of Debt? A discharge of debt is when your financial responsibility of your debt is waived, or removed. If granted a discharge, [...]

Should I Sign a Reaffirmation Agreement for My Mortgage or Car Loan?

When going through Chapter 7 Bankruptcy, one or more of your creditors may want you to sign a reaffirmation agreement. If you do not have an attorney by your side, you may sign this not fully understanding the repercussions of this action. Typically, a bankruptcy attorney will advise you against signing a reaffirmation agreement. To best understand why, you will need to know what a [...]

What Can I Do if My Loan Modification Request is Denied?

Getting a loan modification approved can be difficult if you attempted the process without the help of an experience foreclosure defense attorney. An experience foreclosure attorney will ensure that all of the forms are completed correctly and submitted on time. How you handle a denial will depend on the reason your application for a loan modification was denied. In some situations, such as the following [...]

5 Common Reasons for a Loan Modification Denial

Handling a loan modification on your own may have seen like a simple application process but when your bank replies with a denial letter, you may be wondering where you went wrong. Here are 5 common reasons for an application for loan modification to be denied. Insufficient or missing documents: The bank requires a lot of paperwork to be submitted and verified, including proof of [...]

Safe Driving Tips For This Fourth of July

We mentioned the disaster that distracted driving can be in our blog “Distracted Driving: A Personal Injury Claim” and with the Fourth of July celebration fast approaching we wanted to remind everyone to drive safe and to celebrate safely. Fourth of July is supposed to be about celebration, freedom, fireworks, and for many, alcohol. In fact, more alcohol is sold for Fourth of July festivities [...]

Distracted Driving: A Major Personal Injury Claim

Distracted driving is defined as doing anything while driving that takes your focus away from the task of driving. Distracted driving is becoming more and more of an issue as the years pass by. In 2010 there were 3,092 deaths/416,000 injuries a year and recently, in 2015 there were 3,477 deaths/391,000 injuries. Now, nearly 9 people are killed and nearly 1,000 more are injured every [...]

How To Keep Your Car In Bankruptcy

Once you have determined that filing for bankruptcy is in your best interest, you will need to decide whether to file under Chapter 7 or Chapter 13. If there are particular assets, such as a vehicle, you are concerned about losing during the bankruptcy process, which chapter you file under can affect your ability to keep your property. If you are currently financing your vehicle [...]

Loan Modification, Forbearance, and Repayment Agreements: What’s The Difference?

Loan Modification If you have fallen into a recent financial hardship and you know that you may not be able to afford your mortgage payment then the time to act is now. Seeking a loan modification from your lender will allow you to renegotiate the terms of your mortgage agreement, resulting a lower, more affordable payment. A loan modification is a viable alternative to falling [...]

Stop Doing These Things If You Are Considering Bankruptcy

Even though you are already in financial dire and have concluded that your only option is to file for bankruptcy so that you can attempt a fresh start, there are a few mistakes that you may make or continue to make that can hurt your case for bankruptcy. Do not take part in or stop doing any of the following mistakes: Paying off one of [...]

Will I lose My House If I File For Bankruptcy

One of the biggest fears of individuals considering filing for bankruptcy isn’t answering the phone and having another creditor be on the other end. The thought of losing one’s home or car can weigh heavily during the decision to file. There is relief however, and it may be found in actually filing. Filing for bankruptcy can help you save your home in a few different [...]

10 Signs That You May Need To File For Bankruptcy

Considering filing for bankruptcy may have you thinking that you have failed financially and you may be teetering on the edge of making the decision to do so. Filing for bankruptcy, although it may greatly impact your credit, could be the best choice for you. If you are experiencing one or more of the scenarios listed below then give your attorney at Merritt Law Office [...]

How to Protect Yourself Against Foreclosure

In many cases, clients do not properly understand why they may need a foreclosure attorney. There are several areas in which the individual may not understand his or her rights, which is exactly what an attorney can help to protect you from. First, you must contact your lender as soon as you realize you have or are going to miss a payment. Lenders can discuss [...]

What Should I Expect During a Lawsuit

Civil litigation is, in layman's terms, when one person is suing another for personal damages. These damages can consist of personal injuries caused by another person, disagreements within families or between neighbors, divorce decrees, landlord and tenant disputes, disputes over property, and even breached contracts. If you aren’t sure how Civil Litigation works or just want an idea of what to expect during a lawsuit [...]

What to Do After Your Bankruptcy

You’ve finally received the discharge papers at the end of your bankruptcy case after filing for Chapter 7 or Chapter 13. You’re thrilled that you no longer have the stress of creditors hounding you for payments and now you can have a fresh, new financial start. But what do you do next? Here’s our simple guide to getting back on track. Keep your paperwork Keep [...]

What to Do If You Are Involved In a Personal Injury Accident

If you have been injured due to the actions of someone else, you may be worrying about things like lost time at work, medical bills, mortgage payments, household bills, or how to buy your groceries. These are things you shouldn’t have to deal with and should begin considering taking legal action to hold the other party responsible for the damages they caused. Within the state [...]

What Is Chapter 11 Bankruptcy?

The intention of a Chapter 11 bankruptcy is for the reorganization of businesses with a debt burden.  This allows the debtor to submit a plan for restructuring, making a profit, seeking new sources of income, while temporarily staying off their creditors.  While there are advantages in this Chapter for those who qualify, it is more time consuming and costlier than a Chapter 7 bankruptcy (also [...]

How To Stop Creditor Harassment

What is the Fair Debt Collections Practices Act? The Fair Debt Collection Practices Act (FDCPA) was enacted by the federal government over 30 years ago. It offers consumers protection against illegal and unfair practices of debt collection agencies. What rights do I have? Even if you are experiencing financial difficulties that have hindered your ability to pay bills on time, there are certain rights that [...]

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