Being sued by a Credit Card company?
More Legal Articles
Building And Construction Law - Security Of Payment Act
SECURITY OF PAYMENT ACT The Building and Construction Industry Security of Payment Act 1999 (NSW) ("Security of Payment Act") applies to all building and construction work in New South Wales except any residential building work carried to which the Home Building Act 1989 applies. The intention of the government was to make it simpler for contractors or subcontractors to obtain progress payment for any building and construction work done, even though there is no written agreement.
Building Construction - Building Surveyors (victoria).
Judging Building Surveyors - Part 2 - Effect of MIG Textiles Decision (VCAT 2005) FACTS - MIG owned a block of land in Carlton. It was to be developed into 4 x 3-storey townhouses. The respondent architect, Myer, obtained a town planning permit for the development and prepared working drawings. The original town planning permit assumed the retention of existing retaining walls.
Building Construction - Effect Of Lewis V. Threadwell (vcat 2004)
The Applicant, Lewis, bought land in Ocean Grove in 1995 to build two units. The applicant applied to Newey & Associates for a building permit in 1997. The Applicant engaged the First Respondent, Threadwell, as builder to construct the two units in 1997. The building permit was issued in 1997. Also in that year, the three mandatory inspections were performed by the Fourth Respondent (Miller) as a delegate of Newey & Associates.
Building Construction - Issue Of Building Permits (Victoria)
Building surveyors and building inspectors play a vital role in domestic and commercial construction. Both perform statutory functions of inspection and certification. Building inspectors have considerable statutory powers to order a halt to construction until problems are rectified. In the 1980s, architects became the defendants of universal choice in litigation brought by clients, builders, contractors and subcontractors.
Personal Injury Cases in Virginia
Copyright (c) 2007 James Livesay Victims of automobile accidents in Virginia often face a difficult dilemma: should they settle with the insurance company, or hire an attorney instead? Insurance companies will attempt to settle personal injury claims before the victims consult with attorneys, believing they can settle claims for less with victims who are not represented by personal injury lawyers.
NY personal injury lawyer makes compensation process easy
There are certain things in life on which we have no control and have to accept things as they happen. The best way of dealing with this is to be prepared and no matter what happens, being geared up helps a great deal. Getting injured is something that no one of us can either predict or have control upon.
Disputes & Claims Under Home Building Act
Building Dispute If talks with the contractor under a residential building contract fail to resolve a dispute, then you should put your dispute in writing to the contractor before approaching the Office of Fair Trading ("OFT"). The OFT may try to negotiate a settlement failing which appoint a building inspector to prepare a report.
Defaults on credit card accounts are at an all time high. Too many consumers obtain too many cards and then cannot keep up with the payments.
If a credit card company files a lawsuit against you after a default, they must prove certain issues in order to prevail in their case. First and foremost, they must prove that they are entitled to commence a lawsuit against you. This can be done by any number of ways.
The credit card company must produce some sort of documentation showing that you agreed to establish an account with them. This typically would be by way of a written application that bears your signature. If they fail to produce such a document, you may have a defense or objection to their lawsuit. As you may be aware, many credit accounts are now being opened over the internet, or via telephone. In those instances, the credit card company should be able to produce an electronic signature page for internet applications, or, they should be able to produce written documentation that at a minimum summarizes the oral telephone application. If they fail to produce such documentation, again, you may have a valid defense or objection to the lawsuit.
The next issue that the credit company must prove is the terms of the account. This would include the principal charges, the interest rate, the default rate, the terms of payment and the remedies in the event of a default. These terms are typically forwarded to you after you have opened the account, or are included with your written application. Often times, the credit companies change the terms of the agreement while your account is active, and they are obligated to send you a copy of the new terms of the agreement. This becomes a crucial component of a credit collection case. The company must prove which terms apply to which charges on your account. A failure to do so on their part can provide a reasonable defense or objection for you as the consumer.
The next issue that the credit card company must prove is that a default occurred, and that they are entitled to sue you. This can often be shown by merely presenting evidence of a missed payment.
If a credit card company cannot produce sufficient evidence of all of the foregoing, then you may have a valid defense to any lawsuit that may be filed against you. Please be sure to consult your local attorney regarding the laws of your state, and credit card collection cases.
About the Author
Greg Artim is a Consumer Attorney with offices located in Pittsburgh, Pennsylvania. For more answers to your credit card defense or other legal questions, please visit his website at www.gregartim.com/creditcarddefense.htm
Source: Legal Articles on ArticlesTree.com
Recent Legal Articles
Foreign Workers - How to Avoid Threats and Poor Living Conditions
On March 9, 2007, several farm workers from India were killed when the van that was taking them to work crashed on the way to the farm in Abbotsford, British Columbia. While this accident was extreme, it does serve to illustrate the fact that when it comes to foreign workers in Canada, working conditions may not always be ideal.
DWI in Texas - Driving While Intoxicated
To the residents of Texas, it is no laughing matter that they are considered to be one of the nationwide leaders in traffic related deaths involving alcohol. A report from the Department of Public Safety showed that 98,349 drunk driving arrests were made in Texas in just one year with 11% of them being under the legal drinking age of 21.
Understanding DWI
Driving While Intoxicated (DWI) is the title of classification used to identify a drunk driving within the overall category known as Driving Under the Influence (DUI). Operating Under the Influence (OUI) and Operating a Motor Vehicle Intoxicated (OMVI) are the two other titles that fall within the DUI category.
Burns And Electricity Accidents
<meta name="keywords" content="burns and electricity accidents, electrocution, electrocution deaths, construction site dangers, working on scaffolding, tree trimming equipments"/> <meta name="description" content="Burns and electricity accidents, especially on the job are currently on the rise.
Being sued by a Credit Card company?
Defaults on credit card accounts are at an all time high. Too many consumers obtain too many cards and then cannot keep up with the payments. If a credit card company files a lawsuit against you after a default, they must prove certain issues in order to prevail in their case.
Best Interests of the Child
The parent's desires and claims are secondary when determining the "best interest of the child." Furthermore, the parent's wishes are only important in so much as these wishes answer the question of what would serve the
California Lemon Law
Everyday there are consumers in California who find themselves in a bad situation with regards to owning a defective automobile. Many don't even know that they are protected by the California Lemon Law.
3 Methods To Collect On Judgments Using Employment Locate
Do you have a judgement you need to collect on, but are not sure how to go about doing it? Whether it is a judgement, or other things such as child support, using a skill known as employment locate can be helpful.
Bank Account Levy
It’s daunting to find out that the IRS has put a levy on your account. It will greatly affect you and your family’s life. What’s there to do? There are a lot of reasons why the IRS would put a levy on your bank account.
A Guide on How Brain Injury Attorneys Handle Your Case
One of the most devastating outcomes of accidents is brain injury. Ninety percent of people who suffer from brain injuries incur damages that are not visible or detectable to ordinary people. Brain injury attorneys can help you in filing a claim.
Can You Win a Dental Malpractice Lawsuit?
Any form of malpractice is a frightening prospect, whether it is legal malpractice, medical malpractice or dental malpractice. The providers of these services are expected to be qualified experts in their fields, exerting their considerable skills for the benefit of their patients.
Why Fight A New York Speeding Ticket
The first response that most people give when asked why should they fight their New York speeding ticket is points. Speeding violations in New York carries 3 to 11 points depending on how many mph above the limit you are convicted.
A New York Traffic Lawyer Guide To Calculating DMV Points
Even New York traffic lawyers get confused on how to calculate how many points a motorist has on his driver license. The rule is simple. A motorist is allowed up to 10 points within any 18-month period.
Can We Depend on Drunk Driving Breath Tests?
There's been an ongoing debate between drunk driving defense lawyers and law enforcement in regards to drunk driving breath tests. The argument is that we can't depend on breathalyzer tests because these instruments often detect other chemicals in the body and mistake them for ethanol, or ethyl alcohol, a compound found in alcoholic beverages.
Beating A Traffic Ticket- Know Your Rights
Many people will accrue at least 5 speeding tickets over the course of their lifetime, totaling over $1200 per speeding ticket. This type of speeding statistic is crazy, but true. The reason why this happens to so many innocent people is for one they do not know the law and number two there is speeding ticket scams performed by the police just to meet their quota.