Know Your Rights if Your Wages are Garnished

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Wage garnishments are no laughing matter. They can reduce your paychecks by hundreds of dollars each month, severely compromising your ability to pay rent, stay on top of other bills, and keep food on the table.

You don’t have to accept a low quality of life just because a creditor has started garnishing your wages. There are a few things you can do, according to a Columbus wage garnishment attorney, to stop your wages from being garnished.

Take a close look at the details of your garnishment judgment

Even if you owe creditors money, it is important that every T is crossed and every I is dotted. Without adhering to the proper process, creditors can garnish your wages unfairly, stomping on your rights in the process. The trick is to take a close look at the judgment in your wage garnishment case.

Is the address on the judgment correct? Something this simple may be grounds for stopping or postponing garnishments. In addition, only up to 25 percent of your income can be garnished. If more than that is being taken from your paycheck, you have grounds to stop the process and possibly eliminate the garnishments. Digging into the details of the account you have with the creditor who is garnishing your wages is a good idea as well.

Because there are a lot of details to comb through, it’s a good idea to enlist the help of a professional attorney. They know where to look and what to look for, identifying potential problems much more quickly and accurately than you can on your own.

Consider filing for bankruptcy

If there are no discrepancies in your garnishment judgment, but you’re really struggling financially, bankruptcy may be a viable option.

Both Chapter 7 and Chapter 13 may be able to eliminate or reduce your garnishments. With Chapter 7, any garnishments being taken from a credit card provider will be eliminated, while Chapter 13 will include garnishment payments in a repayment plan.

Unfortunately, there are payments, such as alimony and child support, that can continue to be garnished even if you have filed for bankruptcy. In addition, filing for bankruptcy won’t stop the garnishments immediately. To make sure bankruptcy is in your best interest, and if so, that it actually stops your garnishments, you should consult with a professional attorney.

Professional help from a wage garnishment lawyer is a must

The bottom line is that you still have rights, no matter what your financial situation and you deserve to be protected from unfair or detrimental wage garnishments. Unfortunately, figuring out those rights is extremely difficult because the legal system is so complex. Every case is different, and every state does things a little differently.

If you’re putting up with wage garnishments that are severely affecting your quality of life, schedule an appointment with our Columbus wage garnishment attorney. We can dig through the details of your case, providing you with options and solutions that will help you get your life back on the right track.

Mike

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When Do You Need to Hire a Workmans Comp Attorney Macon

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Being injured is never good but the experience happens to be much worse when you get hurt while trying to do your own job at the workplace. True, your employer needs to provide you with a workman’s compensation when the fault had not been yours but unfortunately, there is a slip between the cup and the lip and you might find yourself being deprived on account of performing your duty.

No worries! You can always seek out an able workman comp attorney Macon and demand what is rightfully yours. You are entitled to claim damages by the law and no employee or insurance company can cheat you out of your legitimate claim. However, you need to think objectively and decide whether you can represent yourself successfully instead of paying a good amount as the lawyer’s fee. Rest assured, most firms operate on a contingency basis and will not charge you any fee until and unless the case is settled in your favor.

However, it becomes mandatory to hire a specialized workers compensation attorney Macon when your case happens to be complex that requires the expertise of a legal professional. Here are a few scenarios that you just cannot ignore and have to get in touch with a qualified professional. Do check…

The claim is denied – Many employers in conjunction with the insurance carrier deny the rightful claims of their employees in the hope that the employees would be too intimidated to appeal. Do not make this mistake therefore and contact an attorney ASAP.

Insufficient Benefits – The amount that had been settled for you to receive happens to be inadequate. It does not cover your expenses or the amount you lost in wages while you were being treated for your injuries.  Do not be prepared to accept an unfair settlement though. Get an expert to help you with it and appeal for a better settlement that will do you justice.

Discrimination – Filing a worker’s comp claim is your right and you are entitled to the compensation as per the law of the country. Do not allow yourself to be subject to discriminatory practices afterward though. Assert your rights and appeal for justice by contacting a quality lawyer if you find your employer has sacked you or reduced your wages and absolved you from the responsibilities that you had handled earlier.

Your attorney will not only represent you in court but will also be able to collect the evidence on your behalf. Drawing up a settlement is also the forte of lawyers as is representing you at trials or negotiating with the insurer.

Moseley & Hinson

This article is written by Westmoreland, Patterson, Moseley & Hinson, L.L.P. Team. Westmoreland, Patterson, Moseley & Hinson, LLP, has been representing people with legal needs for over 50 years. Our law firm uses the vast resources available and we have the experience needed to handle successfully a wide range of complex legal issues

Contact the best divorce lawyer in Boynton Beach

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Marriage disputes are now a rising factor in the United States. While most people try to solve the disputes by negotiating, sometimes the disputes become serious in nature. And when it does, the matter reaches the court. That’s where all the complicated factors of a marriage dispute come in. The whole divorce filing procedure is complicated, and the parties filing for a divorce must have a sound knowledge of the Florida divorce policies. But not all people are well aware of the state laws. Fortunately, there are professional lawyers to help people who want a legal assistance. Divorce lawyer Boynton Beach offers their services to the people who require an understanding of the entire divorce filing procedure. DIVORCE MEDIATION: FEW FACTS ONE NEEDS TO KNOW

Why do you need a divorce attorney?

Divorce is the ultimate difficult step people consider when they give up on their marriage lives. And this is the phase when people fail to make right decisions. The divorce period causes mental stresses, and people fail to get over the trauma. With a divorce lawyer Boynton Beach, however, people would feel safe to work with. The lawyers offer legal as well as emotional assistance to their clients. They not only make sure that their client successfully files for a divorce; they also ensure that their clients get the assets/ property post-marriage. The attorneys keep themselves updated with the Florida divorce policies. Hence, if you want assistance in case of a marriage dispute, the lawyers’ knowledge and experience would prove to be the most beneficial factor for you.

Benefits

Getting a divorce is a complicated process. The person filing for a divorce needs to complete legal paper works and visit the court for frequent hearings. Besides, the divorce is not just about the official breakup between two people. Certain factors such as child custody, child care, alimony, property distribution and division between the responsible parties, and etc. matters while getting a divorce. Here, having a divorce attorney could help the person put forward his claims in the court and get his/ her share of property legally. Besides, the lawyer ensures spousal assistance post-judgment period.

Conclusion

While you can file a divorce on your own, it is always recommended that you have a divorce lawyer Boynton Beach as your legal assistant. Having a lawyer fastens the court hearing procedures. Besides, the lawyer prevents you from committing mistakes which might lead to the loss of property, assets, or child custody to your partner.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Infographics: 1st DUI vs 2nd DUI – What Are The Consequences

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1st DUI vs 2nd DUI - What Are The Consequences

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Drawbacks to Getting Your License Suspended

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Losing your license is more than an inconvenience. Being unable to drive legally can make it impossible to keep a job or meet all your personal and family obligations.

Unfortunately, Ohio courts and statutes recognize more than 30 reasons to suspend a driver’s license. The punishment can apply to everything from leaving the scene of an accident, letting your auto insurance policy expire, failing to pay child support, getting convicted of operating a vehicle while intoxicated (OVI), which is what state officials call driving under the influence of alcohol or drugs, and much more. AVOID AN OVI CONVICTION ON YOUR RECORD

The drawbacks to getting your license suspended fall into four broad categories:

 

Limited to No Driving Privileges

Depending on many different factors ranging from the charge and defendant’s history to the quality of the defense or plea deal, an Ohio driver’s license suspension may be partial or total. A partial suspension grants the driver restricted driving privileges, which are usually limited to trips to and from work, medical appointments, and court dates or meetings with a lawyer.

A total suspension usually precedes the reinstatement of restricted driving privileges. For an OVI conviction, the period of total suspension can last anywhere from 15 days to more than a year. While under total or “hard” suspension, a driver is not allowed to drive at all without risking rearrest, jail time, and a new or lengthier suspension. Violating the restrictions on when and where you can drive with a partially suspended license also risks those new and enhanced penalties.

Surrendering your CDL

Suspensions related to criminal charges or convictions usually apply to both your own driver’s license and any commercial driving licenses you hold. This is always true for drunk or drugged driving suspensions.

Under Ohio law, getting a CDL suspended means you cannot legally drive a commercial vehicle until the term of suspension expires and the CDL is fully reinstated. In other words, getting a CDL suspended often means losing a job that requires driving a truck, bus, or taxi. The lesson? Hiring an experienced Columbus, OH, DUI attorney to fight an OVI charge is a must if you drive for a living.

 

Increased Risk for Future Suspensions

Suffering through one Ohio driver’s license suspension greatly increases your chances for losing your license again. This is especially true if the suspension comes as part of a sentence for driving under the influence.

Not only do periods of total suspension tend to last longer for people under penalty for driving while drunk or stoned, mandated penalties for second and subsequent OVI convictions include automatic suspensions. The longer a total suspension remains in effect, the more likely you will be to have an absolute need to drive somewhere to respond to an emergency. A dedicated Columbus OVI license suspension can negotiate with prosecutors to minimize the harshest sanctions.

 

Reinstatement Hassles and Expenses

Once a suspension expires, you must jump through several hoops and pay fees to get your license reinstated. You must present the Bureau of Motor Vehicles proof that you have completed your sentence or paid off the debts that cost you your license. If you went through a lack of insurance suspension, you will also need to present a certificate of insurability called an SR-22. On top of that, the BMV will demand a special reinstatement fee and may require you take portions of the CDL test.

Then, when you get your license back, it will carry whatever points your offense merits. For instance, an OVI conviction brings a six-point penalty. Rack up 12 points on a reinstated license, and it will get suspended again.

Colin Maher

Hiring an experienced Columbus DUI attorney to fight an OVI charge is a must if you drive for a living.

Offenses That Can Be Expunged in Ohio

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Expunging a criminal record in Ohio means placing it off-limits to the public. Law enforcement and court officials can gain access to some expunged records under certain circumstances, but the information will not be available to employers, banks, apartment owners, and others conducting background checks for work-related, financial, or contractual reasons.

Most types of offenses can be expunged provided the person convicted on the charge has fully completed and satisfied all the terms of his or her sentence. The only two types of criminal convictions that cannot be expunged are those involving violence and those related to driving under the influence of drugs or alcohol. Also, traffic violations are generally exempt from expungement because actions like speeding and failure to yield are not considered crimes in and of themselves under Ohio law. WHAT CHARGES CAN BE EXPUNGED FROM MY RECORD IN OHIO? 

Current laws in Ohio allow individuals to petition for the expungement of one nonviolent felony, two nonviolent misdemeanors, or one felony and one misdemeanor. Nonviolent criminal offenses include larceny/theft, fraud, white-collar crimes, drug possession, drug trafficking, solicitation/importuning, and burglary. Listing each criminal offense that falls into the nonviolent category would be impossible without reproducing much of the Ohio Revised Code. A simpler way to understand if you may have a chance of getting your criminal record expunged is to ask yourself if you were convicted of one of the following DUI-related or violent crimes:

  • Assault, including sexual assault
  • Domestic violence
  • Homicide
  • Kidnapping/false imprisonment
  • Murder
  • Operating a vehicle while intoxicated
  • Physical control (e.g., intoxicated while in the driver’s seat of a parked car)
  • Robbery

If you can answer no, then you may be eligible for expungement. The other minimum criteria that must be met to have your Ohio criminal record expunged are

  • Release from jail
  • Finished parole
  • Paid all restitution
  • Waited at least one year after completing all terms of your sentence
  • Failed the correct forms with the appropriate court
  • Paid the expungement petition filing fee

Consulting with an experienced expungement lawyer in Columbus, Ohio, before starting to apply for having your criminal record sealed is strongly recommended. Filing an incomplete application form or directing it to the wrong jurisdiction can result in an automatic denial. And you may be given a second chance to petition for expungement.

A knowledgeable Columbus expungement attorney will also be able to provide advice on what information to include with the expungement petition to convince the prosecutor and judge who review the application that you have paid your debt to society in full, kept your post-conviction record clean, and earned the opportunity to leave your past behind you as you apply for new jobs, loans, and educational opportunities.

Mike

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Infographics: Probation Sentences You Can Expect for a DUI Conviction

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Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Divorce Mediation: Few facts one needs to know

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Divorce mediation is one step that needs to be considered before considering filing a formal divorce application in a court of law. Mediation is one alternative that lets you find a solution for the amicable settlement of the division of assets, child support, child custody, and spousal support. A third party in the form of a mediator is involved who ensures an amicable settlement between both parties. There are a few things that need to be considered before actually going in for divorce mediation so that both parties have their expectations set in realistic terms.

Divorce mediation helps in giving a direction to the conversation

A couple undergoing divorce will not able to come to a common conclusion amicably since they have been at loggerheads for a long time which has been the reason for them to look for a divorce. In that case, they need someone who can show them logically and help them decide on a better solution instead of washing the dirty linen in public. A divorce mediator with no personal interest will help the couple see the logic and will help them in taking the conversation to a logical ending. A divorce mediator will help them to stop digressing from the topic, talk in terms of the future rather than focusing on what has happened in the past.

Divorce mediation is not going to help you reunite

Divorce mediation is by no means a method to reunite the warring couple. It is just a method to settle things amicably that would cost a lot of time and money fighting in the courtroom. Do not expect the divorce mediator to lecture you on the merits of staying together or the bad effects your divorce is going to have on your kids. A divorce mediator is a professional who will see to it that all the assets are divided in such a manner that both parties feel satisfied at the end of the process.

It helps you to save time and money

Yes, it is true instead of going to court and hiring a pricey divorce attorney, divorce mediation can help you save a lot in terms of time and money. The services of divorce mediation are chargeable however they are quite low if you consider the expenses incurred on court fees, legal consultation, and the numerous rounds you are going to make to the courtroom leaving your kids in the care of daycare and taking a leave from your workplace. The process of divorce mediation if undergoes smoothly might get over in a few hours to one or two days depending upon the understanding and maturity of the couple.

An alternative for litigation

Divorce mediation is an alternative for the lawsuit you are thinking of filing against your spouse. A lawsuit is going to drag your household into the courtroom. Your kids need to be standing testimony for many things. There are going to be harrowing moments when you need to balance your personal, professional, and the life you are leading while fighting a lawsuit against your spouse. Litigation in any form takes a toll on your emotional and financial aspects. You can always avoid litigation via divorce mediation.

The divorce mediator is a third party with no personal interest

Divorce mediation involves a divorce mediator who has no personal interest in the lives and assets of the couple. His only motive is to have an amicable settlement of the warring couple as soon as possible since this is going to be his professional win for himself. In case the couple goes in for litigation after mediation it is going to be seen in bad taste for the divorce mediator.

Mediation does not work in a few cases

Mediation does not work in all cases. In cases, where an abusive spouse has involved mediation, will not be possible. A situation where one of the partners has been a chronic cheater in the relationship will not be able to survive the mediator’s room. For such situations, litigation is the only way left. Where one of the partners is being adamant on a few issues and is not ready for compromise divorce mediation should not be considered.

Gary Payton

Gary Payton has been writing about the various aspects of law, provides legal advice, legal services in the preview of family law. Attorneys-arizona.com is a premier boutique litigation firm in Arizona, USA and Gary have been associated with them for a long time. Attorneys-arizona provides professional and trusted legal services. To know more about Divorce Lawyers feel free to visit – https://www.attorneys-arizona.com/

Avoid an OVI Conviction on Your Record

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OVI, or operating a vehicle while intoxicated, is what Ohio law enforcement officials, courts, and statutes call driving under the influence of alcohol or drugs. Avoiding an OVI conviction is the only way to keep the charge off your permanent record because, unlike most other misdemeanors or low-level felonies, an OVI conviction cannot be expunged with the completion of a sentence and proof of continued good behavior.

The Columbus, Ohio, OVI defense attorneys with The Maher Law Firm discuss the three basic ways to avoid a drunk or drugged driving conviction here. To briefly recap:

  • The person accused of OVI can work with his or her lawyer to prove the arresting officer made mistakes when stopping the driver, conducting field sobriety tests, or interpreting field sobriety test performance. Dashboard and body camera footage from the police can be invaluable for this, and bystanders are also allowed to record traffic stops.
  • Evidence showing that the police officer, laboratory personnel, or court system made mistakes while collecting, analyzing, storing, and presenting breath, blood, and urine samples and test results can be presented by the defense. Procedural errors can make evidence inadmissible, meaning the prosecution may not have a case to make to a judge.
  • A Columbus, Ohio, OVI defense lawyer can negotiate a plea agreement with the prosecutor, meaning the defendant accepts a sentence for a lesser charge.

The plea deal option deserves special attention. Prosecutors in Columbus and Franklin County are most likely to offer pleas to reckless operation or physical control. Either might be acceptable, but no one accused of OVI should automatically plead guilty to any criminal or traffic offense without first consulting with an experienced Columbus Ohio defense attorney.

Reckless operation, which most states call reckless driving, indicates that a person was operating in a way that demonstrated lack of concern for consequences. The charge can apply to exceeding a posted speed limit by more than 25 mph, causing a crash that inflicts injuries, or putting other people on the road at risk by, for instance, crossing a double yellow line, jumping a curb, or going the wrong way on the interstate.

A physical control charge indicates that a law enforcement official found the accused driver in the driver’s seat of a vehicle and in possession of the keys to the vehicle’s ignition. The vehicle can be parked, and even on private property like a driveway.

Penalties for reckless operation and physical control can mirror those for OVI, including a license suspension that extends to the defendant’s commercial driver’s license, hundreds of dollars in fines and court costs, and multiple points on your driving record. The consequences can also be similar, ranging from a sharp increase in insurance premiums to losing a job that requires holding a valid CDL and keeping a clean driving record. A dedicated lawyer will do all he or she can to protect his client from the most severe penalties.

To find out if a DUI attorney from the Columbus offices of The Maher Law Firm can help you avoid a drunk or drugged driving conviction

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Why You Should Always Appeal Criminal Charges

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Appealing a criminal charge has two components. The first involves requesting a trial instead of pleading guilty. The second involves asking a higher court to consider mistakes or injustices that led to a conviction. Explaining everything that happens while contesting an initial charge and pursuing appeals would take a library full of books. Here, the Columbus Ohio criminal defense attorneys will just highlight the most important reasons why you should always consider asking for your day in court and why you may have grounds for appealing a conviction.

Why Contest a Criminal Charge

Every person charged with committing a crime in Ohio and across the United States has the right to request a trial. Exercising that right allows the accused person and his or her criminal defense attorney to do the following things:

  • Examine and analyze all the evidence collected by the police
  • Question law enforcement officials who conducted the investigation and made the arrest
  • Question witnesses who will be called to speak against the defendant
  • Prepare a defense based on evidence and testimony that supports the defendant’s innocence or calls the prosecution’s case into question
  • Enter into discussions with the prosecutor and judge about pleading to a more minor offense that carries a lesser penalty

Going to trial also makes it easier to file an appeal of a conviction. While Ohio does allow a person to ask for a new trial after pleading guilty, succeeding with such a request is exceedingly difficult.

Why Appeal a Criminal Conviction

People convicted of crimes have several opportunities to appeal. The most common is a direct appeal, during which the evidence against the defendant is reconsidered or the way the first trial was conducted is examined. Ohio permits a defendant and his or her defense attorney to file a direct appeal on any of the following grounds:

  • Police and prosecutors collected, stored, analyzed, or presented evidence improperly.
  • Statements made by the defendant during interrogation or by prosecution witnesses were coerced, false, or inadmissible for other reasons.
  • The original judge’s rulings on pretrial motions and objections to courtroom proceedings were incorrect under law or trial guidelines.
  • The sentence imposed exceeded maximum limits spelled out instate statutes.
  • The judge’s instructions to jurors regarding how to interpret relevant laws, weigh different kinds of evidence, or recommend a sentence were unclear or not followed.
  • Violations of the defendant’s civil rights occurred. Examples of this could include not being informed of the right to an attorney or hearing racist comments from law enforcement officials or jurors.

A notice of intent to file a direct appeal must be delivered to the court within 30 days of the original conviction. State law also strongly recommends hiring a new Criminal defense attorney to handle the actual appeals case.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.