Sunday, September 26, 2010

Signs of a Cheating Wife Are One Thing - Proof is What You Need

If you've been looking for signs of a cheating wife, chances are you've probably found those signs. But think about it, signs are one thing, actual PROOF is another thing and proof is what you want!

So let's look at this closely...

Signs of a cheating wife are a great starting point, but then you need to go and get the proof your wife is actually cheating. If you go off, rushing in confronting your wife without any actual proof, then you could end up doing more harm than good. I mean look at it this way, what's she going to do? Yeah, that's right, she's going to deny it! It's classic cheat behavior: when cornered they lie and they deny!

After she's talked her way out of the corner you've tried to back her into, what do you think she's going to do? Well she's going to become more careful and she's going to start covering her tracks even more. So yes, taking the time to get the proof before you confront your wife, is the only way to go!

But just how do you go about getting the proof? Well there's an extremely useful tool that you can use to help you get the hard cold facts about what your wife has been up to. The tool is called Reverse Phone Detective and it works like a reverse caller ID.

Get hold of your wife's cell phone bill or take a look at her call log and see if you can find a number that you don't recognize. Make sure that you do this in private when she's not around, getting caught at this stage would ruin everything. Make a note of the number or numbers you want to look up and then go to Reverse Phone Detective. This resource will give you the name and address of who the number belongs to and it will do so in a discreet way, so if you're wrong and it's all innocent, then no one will ever no.

Saturday, September 25, 2010

What Are the Consequences of "Walking Away" From Your Foreclosure?

A Missouri or Illinois foreclosure is never an easy thing to endure. Unfortunately, a decision has to be made about the fate of your home and it has to be made soon. But before you make a decision, you may want to look at all the facts.

If you want to get protection from foreclosure, you can file a Chapter 13 bankruptcy with a St. Louis or Wentzville, Missouri bankruptcy attorney. Besides halting your foreclosure, chapter 13 is capable of stopping wage garnishments, giving credit card debt help, and preventing your creditors from continuing to harass you.

Plus, filing a Chapter 13 isn't the big risk that requesting a loan modification is. Even one of the larget lenders has left 96% of their loan modification requests unapproved and, consequently, left the homeowners stranded. Chapter 13 is backed by the federal government and gives you protection from being sued, creditors going after your other property, and any other judgments against you.

If you want to give up your home, there are a few different ways you can handle the aftermath. It's critical for you to know that choosing to keep your home or not is indeed a choice. Saying that you want to "walk away" from your home is not exactly accurate. There could be negative effects from walking away from your home.

If your home is sold at auction for less than the amount of your debt, you will have to pay the balance. For example, if you $100,000 on your home but it only sells at auction for $75,000, there will be a $25,000 deficiency balance. You can, however, get rid of this balance.

Missouri or Illinois Chapter 7 can get rid of your deficiency balance and help you get a handle on the rest of your debt. If you file a Chapter 7, you can surrender your home without the worry of never truly escaping your mortgage debt.

Naturally, you should make the decision that is right for you and your family. Make sure that you know what could happen as a result of any decision that you make.

You can get the best facts by looking for free information from reputable attorneys in your area. A lot of attorneys will give you a free consultations but the great ones in your area will give you free information before you even step foot in the door.

Friday, September 24, 2010

Jury Awards in Train Accident Cases Can Be Substantial

A six-week personal injury trial over a railroad accident recently came to a close in the State of Minnesota. The railroad crash trial dealt with four wrongful death claims filed against BNSF railroad. The jury awarded the families of the four individuals killed $24 million.

The vehicle the four were riding in was allegedly hit by a BNSF train at a railroad crossing. The train was allegedly travelling at 60 mph. The railroad argued the train accident victims were trying to beat the train when they were hit.

The jury in this train accident lawsuit disagreed, finding that the crash occurred because the railroad crossing warning signals were faulty, and the victims were not adequately warned of the oncoming train.

Although the railroad was found at fault in this train accident, not all railroad lawsuits filed for faulty warning signals will result in such a verdict. Railroad accidents are thoroughly investigated and subsequent lawsuits rely heavily on the particular facts found.

For instance, in a recent Missouri railroad accident, it was found that the faulty railroad crossing signals were not the cause of the accident. The facts of the cases were very different. In the Missouri train accident case, a truck driver allegedly ignored the railroad warning signals because he had frequently driven past this particular crossing and was aware the warning signals were faulty. Because of this, the truck driver crossed the tracks without using extreme caution.

The foregoing two cases show how evidence can be interpreted to render completely opposite findings when dealing with the railroad accidents and railroad warning signals. The law is often difficult to navigate, and a thorough investigation and attention to detail are crucial to a train accident lawsuit.

If you have a question about a Missouri train accident you should contact an experienced Missouri personal injury attorney immediately. An experienced train lawyer will begin an investigation immediately, just like the railroad is doing. It is crucial to find a lawyer with the knowledge and the resources to thoroughly investigate and prosecute the lawsuit.

Thursday, September 23, 2010

A Good Child Support Attorney Can Collect Back Child Support From a "Deadbeat Dad's" Retirement Plan

Previously, I discussed low cost options for collecting past due child support, including filing a wage assignment with the Circuit Clerk where the only cost is a certified letter, or working with Missouri's Child Support Enforcement program (CSE), which charges a nominal $10/year.

A wage assignment is a great first step for anyone with a delinquent "ex", particularly one that's steadily employed for someone else. And, for the person with limited means needing comprehensive assistance, CSE can't be beat, although their high caseload often means it can take 6 to 9 months or more for CSE to execute their administrative options of tapping into someone's wages or placing a lien on their bank account.

But for the price, these alternatives deliver real value, but only if they succeed! Too often, though, collecting from "deadbeat dads/moms" can be a frustrating game of cat and mouse. This is particularly true if the owing parent is self-employed or hops from job to job, making a wage assignment ineffective. It is equally frustrating tracking down their savings, which they move from bank to bank, or stash in the account of a friend or family member. Or, the "ex" that has squirreled his/her acorns away in a brokerage investment account or retirement plan, which require more complex legal procedures to break open.

These are situations where a private attorney can be more effective, but at a cost likely to be at least several hundred dollars. The attorney, though, will be able to give your case a great deal more priority and directly execute whatever remedy is needed at the earliest opportunity. (In contrast, CSE first exhausts its administrative options, such as tapping wages and bank accounts, before involving the local public prosecutor to pursue options that require an attorney.)

After filing the wage assignment, your lawyer can move immediately to file garnishments with the court to capture whatever cash, stocks, bonds etc. your "ex" has stored in banks and brokerage investment accounts, plus place liens on whatever real estate and other valuable property he/she owns. However, your lawyer's ability to move quickly assumes that you have accurate information on where your "ex" banks or maintains his/her investments. If this information is not known or out of date, your attorney can subpoena your "ex" and ask him/her under oath to identify the location of his assets, as well subpoenaing any associates that may be holding funds.

Your attorney can also have a portion of your former spouse's retirement plan transferred into your name. This is done by having the court issue a Qualified Domestic Relations Judgment Order ("QDRO"), which directs your ex's retirement plan to transfer up to the full value of the delinquent obligation into your possession. The downside is that often the assets cannot be spent until retirement age, or if they can, a penalty might have to be paid. And in most cases, the person receiving the assets has to pay the taxes due when cashing out, although the value of the assets transferred can be set to include the anticipated taxes.

Lastly, one effective way to motivate a recalcitrant "ex" is by having the court find that he or she is in contempt of court. Your attorney has to demonstrate that your "ex" had the ability to pay, but intentionally refused. But, once proven, the court's usual response is to throw the deadbeat in jail, letting him/her out only to go to work, until the obligation is satisfied. Although the court's reluctant to entertain this motion until other remedies fail, a few overnights in the county lock-up often brings about the desired effect.

Wednesday, September 22, 2010

FELA Claims For Railroad Employees

A railroad employee recently filed a Federal Employers' Liability Act (FELA) suit in Madison County, IL against his employer, Norfolk Southern Railway. FELA claims allow railroad employees to seek compensation from employers for injuries occurring in the course of employment. The main purpose of the Act is to provide a way for injured railway employees to recover for employer carelessness or negligence.

The employee in this case was employed with Norfolk for over thirty years. His suit alleges Norfolk was careless in failing to reduce noise levels. Further, the employee alleges that Norfolk also failed to provide employees with heavy protection from excessive and damaging noise levels.

The plaintiff, employee, specifically alleges damage to his ears, inner ears, nerve endings in his head, tympanic membrane, ear drums and other tissue. His hearing has deteriorated, and he also alleges other body systems have been affected by the injuries.

The basic premise behind the suit is that railroad employment may be dangerous by nature, but that such employment does not mean employees sign a free waiver for additional subjection to perilous conditions. Railway companies have a duty to provide safe working conditions for their employees; in this case the employee feels that he has personally suffered damages at the hands of his employer's negligent behavior.

Plaintiff further alleges that the train whistles and horns were located in close proximity to both employees and passenger and that Norfolk could have taken actions to remove such excessive noise. Plaintiff is suing for $100,000 plus costs.

When a railroad employee has been injured through employer negligence, he/she has legal rights to recover for costs and suffering associated with the employment injuries. If you or a loved one has sustained an injury in the course of railway employment, it is important to seek legal assistance as soon as possible. With a FELA claim, railroad employees only have a certain amount of time to bring a lawsuit against the railroad company or the chance at suit is forfeited. So, it is crucial to alert a legal representative to learn your options.

Tuesday, September 21, 2010

Alimony in Divorce - When Does it End?

Alimony ends if the receiving spouse gets remarried, or if either party dies. Beyond those universal rules, state laws vary on when alimony payments stop.

Some states are very stingy with alimony. Texas, for instance, limits alimony to 3 years and $2,500 per month maximum. Similarly, Indiana limits alimony to 3 years at the most, though there is no dollar maximum. Both states make exceptions for a receiving spouse who is ill or disabled.

Other states leave alimony completely at the discretion of the judge. In these states, there may be no stated end-date in the divorce decree. In order to stop it, the paying spouse has to go back to court and ask for a modification of the original order. That means hiring lawyers and getting back into the legal process.

In between those two extremes, other states have maximum time limits for alimony that are longer than just three years. And in most states, the judge can impose a maximum at his or her discretion.
Some states also end alimony when the receiving spouse lives with someone in a marriage-like relationship. Ask your divorce lawyer if that applies in your state.

Of course, I always recommend that you and your spouse come to a mutually acceptable agreement on alimony and other key issues in your divorce. You may want to hire a mediator to help. A mediator is a neutral third party who helps you clarify your goals and find a workable common ground. You should still have an attorney, but hiring a mediator will typically save you quite a bit in legal fees.
To find out more about your state law, look up the summary of your state's divorce laws on my website (listed below).

Monday, September 20, 2010

Workers' Compensation Law & It's Nuances

Workers' compensation claims are relatively simple to understand in principle. Basically, employees are automatically provided certain types of compensation for injuries sustained in the course of work, and employers are assured in knowing how much they will have to spend without ever worrying about future court and legal expenses.

However, workers' compensation claims are not always cut and dry in practice. Issues arise constantly in the course of workers' compensation claims, such as with billing or when amounts paid by an employer to the employee (or their family) turns out to be incorrect.

In a recent Missouri case, an employee of an electric company died from extended asbestos exposure. The electric company was ordered to pay the man's widow a weekly death benefit. Somehow through billing errors, the company had overpaid the widow around $20 extra a week until they realized the mistake-- when the overpayments accumulated to over $4,000.

The electric company brought the widow to court based on the first workers compensation claims to dispute the amounts paid and to seek reimbursement for extra monies paid.

The court in this case determined that the widow did not owe the electrical company or their insurance provider for the extra money. Further, the court also found that the widow's future payments could not be reduced lower than the original amount owed to her per week. Meaning, she would no longer receive the additional $20 a week, but beyond that adjustment nothing else could be altered in the amount she was paid as determined by the first workers compensation lawsuit.

As this case shows, there is more to a workers compensation claim than simple payments to an employee injured on the job. Several situational circumstances may arise in workers compensation lawsuits. It is important when dealing with such suits to contact a workers compensation lawyer who has dealt with similar claims before.