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Dischargeable vs Non-Dischargeable Debt in Bankruptcy

Posted on Dec 9, 2019

If you owe money to a creditor, the creditor might be able to take you to small claims court. If the creditor wins and you owe them money, the court can issue a judgement, allowing the creditor rights to attempt to collect the funds you owe them, such by filing the judgement as a lien against property you own until you either refinance or sell. What about if a person files bankruptcy? Here we will discuss more about judgement liens where bankruptcy is concerned. Many debts are forgiven, or dischargeable, when it comes to bankruptcy cases, while others are not. Non-dischargeable debt is still owed after bankruptcy ends. If your judgement pertains to a non-dischargeable debt, you will not have financial relief from the debt when you file for bankruptcy. Any liens will remain after bankruptcy, meaning you will still owe it until it is paid or it otherwise becomes uncollectible as according to state law. Non-dischargeable debt can include: Student loans (in most circumstances)Recent income taxesChild support or other domestic support obligationsDebt coming from bodily injury or death as a result of your intoxication Other debts may be ordinarily discharged but a creditor can ask that certain debts be mad enon-dischargeable by the court. Examples of these include: You committed a crime to gain money, services or goods (such as lying on an application for credit).You embezzled money.You caused injury to someone else willfully. If a judgement lien is issued against you that is associated with dischargeable debt and you file bankruptcy, your debt will be cleared. This means the creditor cannot take action against you to obtain the...

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Dischargeable vs Non-Dischargeable Debt in Bankruptcy

Posted on Oct 14, 2019

Dischargeable vs Non-Dischargeable Debt in Bankruptcy

If you owe money to a creditor, the creditor might be able to take you to small claims court. If the creditor wins and you owe them money, the court can issue a judgment, allowing the creditor rights to attempt to collect the funds you owe them, such by filing the judgement as a lien against property you own until you either refinance or sell. What about if a person files bankruptcy? Here we will discuss more about judgment liens where bankruptcy is concerned.  Many debts are forgiven, or dischargeable, when it comes to bankruptcy cases, while others are not. Non-dischargeable debt is still owed after bankruptcy ends. If your judgment pertains to a non-dischargeable debt, you will not have financial relief from the debt when you file for bankruptcy. Any liens will remain after bankruptcy, meaning you will still owe it until it is paid or it otherwise becomes uncollectible as according to state law.  Non-dischargeable debt can include: Student loans (in most circumstances)Recent income taxesChild support or other domestic support obligationsDebt coming from bodily injury or death as a result of your intoxication Other debts may be ordinarily discharged but a creditor can ask that certain debts be made non-dischargeable by the court. Examples of these include: You committed a crime to gain money, services or goods (such as lying on an application for credit).You embezzled money.You caused injury to someone else willfully. If a judgment lien is issued against you that is associated with dischargeable debt and you file bankruptcy, your debt will be cleared. This means the creditor cannot take action against you to obtain the...

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What to do if Your Photography Work is Infringed

Posted on Sep 9, 2019

What to do if Your Photography Work is Infringed

You work hard to produce the pieces you create. If someone used your work without gaining your permission in a perfect world, you would simply send him a bill for it, he would pay the bill and you would move on. If he didn’t pay, you could just threaten to sue him and he would quickly realize how much he didn’t’ want that to happen so he would settle with you and you would be paid for your work. But this is the real world and some people are not mindful of your rights nor are they moved by threats. So what should you do when your work is infringed? If your published work is infringed and it takes place before your piece has been registered, the owner of the copyright can obtain typical remedies for copyright infringement, including injunctions, impounding and disposition of infringing articles, actual damages and lost profits, and so on. But if registration was not made before the infringement took place or within three months after the first publication of a work, special remedies (such as attorney’s fees) cannot be obtained by the owner.  Small claims court may also be an option for you. If your published work is being used by somebody local and without your permission, you may be able to get satisfaction by taking them to small claims court. You won’t be able to sue for copyright infringement (as this must take place in federal court) but you may be able to file a breach of contract claim.  The nice thing about small claims court is that you can skip the step of hiring a lawyer, so you don’t even necessarily need to be compensated for attorney’s fees. It may be a good idea however to pursue the advice of an attorney before you get started just to be sure you have everything lined...

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What is Small Claims Court Mediation?

Posted on Aug 12, 2019

What is Small Claims Court Mediation?

Some small claims cases mandate a mediated resolution of disputes whenever possible. Mediation in small claims courts enables courts to resolve disputes without time-consuming litigation and high costs. It also benefits plaintiffs and defendants, saving them from spending too much time and money as well as giving them the ability to come to a mutually agreed upon result rather than having a resolution imposed by the court.  Small claims mediations can be especially useful if your dispute is with someone who you want to keep positive ongoing relations with, such as a friend, neighbor, partner or customer. Additionally, because small claims mediation is often free or low-cost, it is a viable method for resolving disputes more amicably.  What is Mediation? Mediation is a conflict resolution process that is party driven and is aimed at reaching a solution to a dispute that is mutually agreeable. The process is voluntary in most cases (unless mandated by a court) and the parties communicate with each other directly, while a mediator serves as a referee to ensure that each party stays on course to reach a desired resolution. The results of mediation must be mutually agreed upon by both parties.  Mediation is often preferred because both parties are able to control the outcome. During the process, any underlying issues between both parties are brought into the forefront so the dispute at hand can be resolved. An experienced mediator can help to draw this information out, helping each party to better reach a settlement. Mediation is not for everyone and it may not be suitable for your situation. If you just want 100% of what you are asking for and are unwilling to settle for a penny less, no matter the reason, or if you want to see the other party suffer in a courtroom and before a judge, then mediation is likely a waste of time for you and you should pursue a small claims court case instead. Carefully consider your plans and goals before taking the steps to...

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3 More Mistakes to Avoid in Small Claims Court

Posted on May 13, 2019

3 More Mistakes to Avoid in Small Claims Court

We have previously discussed some mistakes to avoid when going to small claims court, but there are more than the three we shared previously. Because we want you to do everything you can to make your case a success, here are three more mistakes you should avoid that could cost you on the day of your hearing.  Failing to Consider Alternatives Beforehand Many people run straight to court before considering other options, such as resolving the problem directly, either by mediation or talking to your opponent directly. Consider all of your options prior to going to court. Court cases should be reserved for a last resort for disputes. Revenge is not a good litigation strategy. It could cost you too. Making Poor Monetary Decisions It is easy to focus more on the amount of money owed to you rather than how you get the money. It is imperative that you gain understanding of the process and prepare your case carefully and wisely. You have to remember to make a clear case with proof. Don’t assume the judge knows the details of your case or how much money you are owed just because he has heard thousands of similar cases. You need to state your case clearly. Don’t just focus on how much but how to present your case. Having a Bad Attitude Your attitude in court is important. If you walk into your hearing with a confrontational attitude or have a chip on your shoulder when talking to the clerk, the judge or any other personnel, it will not do you much good and can actually kill your credibility for your case.  It is okay to be upset. If you are in court, you likely already are and have good reason to be. But keep from losing your head in court because it will not help you to win. Try to remain calm and focus on the facts. As Teddy Roosevelt once said, “speak softly and carry a big...

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Is it Possible to Sue for Negligence Resulting in Personal Injury in Small Claims Court?

Posted on Apr 8, 2019

Is it Possible to Sue for Negligence Resulting in Personal Injury in Small Claims Court?

When it comes to negligence, most people who are on the receiving end (or technically, it is better defined as the not-receiving end) hope for some sort of compensation for their losses. If you are considering a case for personal injury, below are the answers to the question, “Is it possible to sue for negligence resulting in personal injury in small claims court?” In most cases, personal injury cases are not heard in small claims court because small claims pertains to money damages. You may be able to recover moneys for what is termed “conscious pain and suffering,” depending on how much injury or damage you experienced. If you suffered a significant amount of injury as well as lost wages and had to pay medical expenses, you may have a case. It can be difficult to establish pain and suffering than it is to establish another type of “money” claim. You must produce medical testimony and records as well as documentation of some sort, showing how much suffering you underwent as a result of the negligence of the defendant. If you experienced auto damages, you can perhaps more easily sue for property damages to your vehicle. You may also be able to sue in small claims for a loss of funds due to medical expenses that had to be paid as a result of the defendant’s negligence or loss of time at work – if you have documentation. Can I sue for loss of enjoyment in life in small claims court? Another claim often addressed when it comes to negligence is “loss of enjoyment in life.” Keep in mind that it is more likely that you will be able to sue in small claims court for medical expenses, lost wages or other out-of-pocket expenses (with proper documentation) than it is for you to sue for loss of enjoyment in life. Civil complaints for money are separate than those of physical or mental pain and...

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