Archive for May 13th, 2016

Columbia Debtors Not Being Protected from Abusive Debt Collection Practices

May
13

Chapter 13 bankruptcy is one of the best options for many people who have found themselves struggling with debts. If the money you are paying to your bills is not actually bringing down balances because all of the money is going to interest, Chapter 13 may be the way to get out of the financial mess you are in.  Filing for bankruptcy protection is also even more important if you find yourself in a situation where your wages are being garnished or where you are being subject to abusive debt collection practices.

There are laws in place which are supposed to protect debtors from abusive debt collection efforts and from wage garnishments which take so much of their income they cannot afford to pay their basic bills. Unfortunately, Human Rights Watch warns courts are not really doing their jobs to protect people who have gotten badly into debt.

How Courts are Failing to Protect Debtors- And Why Bankruptcy May be the Answer

According to a recent report released by Human Rights Watch, courts are failing to protect families who have been caught up in debt buyer lawsuits. HRW has reported some families are bringing home almost none of their paychecks after debt garnishment orders are issued, which leaves them unable to provide basic necessities for their kids and unable to pay the electricity and light bills.

The problem for many families stars when debt buyers pay pennies on the dollar to purchase old debts. The debt buyers then file “hundreds of thousands of lawsuits each year.” The debt buyers sue and debtors may not be aware they are being sued or may not be able to get legal representation to help them.

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Matthew & Megna LLC 112 Oak Street Darlington, SC 29532 Phone 843-662-9699 Fax 803-254-3678

Scranton DWI Defendants and DWI Defenses in Accident Cases

May
13

When an accident occurs when an allegedly impaired person is driving, this can result in very serious charges – especially if the accident causes an injury or a death. Typically, in a DWI accident case, a prosecutor shows a defendant was impaired and shows the defendant caused a crash to occur by driving while drunk and striking another car or another motorist. One recent case, however, involved a prosecutor trying to hold a defendant accountable for a collision which occurred even when the allegedly impaired defendant was no longer actively operating his vehicle.

The defendant ended up being convicted in the case, and Pix 11 indicates he was found guilty of 10 different offenses including manslaughter. The case was the first of its kind in which a DWI defendant was charged with manslaughter for a death he reportedly indirectly caused, even though he wasn’t actually driving and didn’t actually hit the person who was killed. It raises very important questions for when exactly an impaired driver can be charged with a crash and for how far a motorist’s potential risk of liability could extend.  It underscores the importance of having a strong defense, especially as prosecutors try to expand the scope of responsibility of people who allegedly drive while intoxicated.

Holding a Defendant Responsible for a Death When he Wasn’t Driving

The case involved a motorist who reportedly had a blood alcohol concentration (BAC) of between .13 and .14. The impaired driver left a night club and was on the expressway. He allegedly hit a BMW, disabling the steering on the BMW, and then left the scene of this incident and continued driving. He subsequently stopped his car short before an exit, prompting an off-duty police officer to hit the back of the car which caused the off duty officer to experience several fractures. The car with the allegedly impaired driver subsequently came to a rest in the HOV lane.

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Mazzoni Karam Petorak & Valvano Suite 201, Bank Towers 321 Spruce Street Scranton, PA 18503 Toll Free: (866) 434-5779

Grocery Store Sued for Negligent Security After Shooting Death

May
13

A grocery store shooting has resulted in a lawsuit initiated by the estate one of the victims killed in the shooting incident. The incident took place two years ago, and the family of the deceased and the grocery store have been involved in negotiations to try to resolve the case outside of court. No resolution was reached, and the estate of the victim is now the plaintiff in a wrongful death suit, with the goal of recovering compensation for the sons of the man who was killed.

Negligent Security Case Claims Grocery Store Failed in Its Responsibilities

According to the South Bend Tribune, the lawsuit brought against the grocery chain claims the grocery store had failed to take appropriate steps to prepare for a potential shooting and to respond appropriately in the event of an attack.

The shooting involved a 22-year-old who opened fire in the store. The attack went on for six minutes. The attacked had a .40 caliber handgun. He reportedly wandered the aisles of the grocery store for approximately 30 minutes before actually pulling the gun and beginning to shoot. He attracted the attention of an unarmed security guard as he was wandering the aisles, but the guard was not able to do anything. Evidence indicates the shooter had created a plan to kill himself but wanted to hurt others in the process.

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Law Offices of Gary Martin Hays & Associates, P.C. 3098 Breckinridge Blvd. Duluth, Georgia 30096 Phone: 770-934-8000 Fax: 770-934-1631