Legal Pitfalls of Arranging a Mortgage

Legal Pitfalls of Arranging a Mortgage – A mortgage is often the biggest commitment a person undertakes, and one should take time to consider all of the legal and financial details before diving head-first into such an agreement.
Arranging Mortgage, Mortgage,motgages, mortgage article
Copyright 2006 Tracey Anderson

A mortgage is often the biggest commitment a person undertakes, and one should take time to consider all of the legal and financial details before diving head-first into such an agreement. Your mortgage broker, banker, or real estate agent can often be a good source of information about these details; if there is still confusion, you may even wish to engage a solicitor to review your contract, watch out for unusual or potentially harmful clauses, and explain the details to you. Always take time to read the contract, and seek out third-party advice if you do not understand it. An unscrupulous lender, broker, real estate agent or seller may attempt to pressure you into signing an agreement without reading it, or worse, yet, signing a blank form for them to fill in later. Avoid succumbing to this pressure, and always understand what you are signing before you have signed it. If you are being pressured to sign a contract immediately without a thorough reading, then the best thing to do is walk away.

Once you’ve found a house and arranged for the mortgage, the legal process of transferring ownership between parties, known as conveyance, is very specific and complicated. Your mortgage broker, lender, or real estate agent may be familiar with the process, and may be able to give you advice on the matter. However, the process itself must be done by a solicitor or registered conveyancer. Alternately, a homeowner can choose to do the process individually using a do-it-yourself kit. Conveyance naturally comes with a conveyance duty which must be paid to the state, although in some states, you may be able to qualify for an exemption if you are a first-time home buyer.

The property title itself, which in most cases is called a Torrens title, establishes proof of ownership. Old System titles are more complicated, and require the buyer to show clear title for every previous owner.

The issue of survivorship must also be addressed. Typically in the case of a husband and wife, the home is held in joint tenancy, so that if one spouse passes on, the other will retain the right to the property. If a home is held in tenants-in-common, however, each tenant’s share of the home is separate, and in the case of death would become part of the deceased’s estate. Under common law, if no other arrangement is specified, joint tenancy is assumed.

Before buying a home, legal hassles can be avoided by executing a thorough inspection. You can choose to inspect the home yourself, or hire a licensed inspector. Either way, you will be able to gain knowledge about any existing conditions of the home that you can use in your negotiations. Having knowledge of the home’s condition and any flaws or defects ahead of time will put you in a better legal position, since it may be difficult to recoup any costs for undetected flaws after the transaction has already been finalized.

Buying a Home: How to Handle the Legal Documents

Shopping for a home can be a little more complicated than finding the property and the money to pay for it. Between you and the night you sip champagne on the porch of your newly acquired house lie mounds of paperwork, with very small print, and jargon that you probably have neither the time nor inc
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by Clare Stevens

Shopping for a home can be a little more complicated than finding the property and the money to pay for it. Between you and the night you sip champagne on the porch of your newly acquired house lie mounds of paperwork, with very small print, and jargon that you probably have neither the time nor inclination to wade through.

Why you need a conveyancer

That’s what conveyancers are for. As solicitors who specialise in real estate properties, they can handle all the documents and make sure that you are fully protected by the law.

For example, if you’re selling your home, your conveyancer will prepare the contracts and the property deeds. If you’re buying one, he will coordinate with your mortgage lender and handle all the necessary searches to make sure that you’re not being swindled out of your well-earned pounds. These include a local authority search (to check if your property is sitting on what will later be converted into a highway), a drainage search, a land registry search (so you know you’re talking to the real owner of the property), and a land charges search (to assure the mortgage lender that you can afford the payments).

Some counties have an even longer list of required searches, making a conveyancer even more important. For example, Cheshire county residents need a brine search, to detect if the levels of minerals present in the ground can affect your house or your health. Most conveyancers will also evaluate your property for any damages or hazards that may need repair or correction, which he will then use to negotiate for a better sale price.

Your conveyancer will also be the one to deal with the solicitor of your house’s seller (or buyer, whatever the case may be). He will prepare your offer sheet, schedule the necessary meetings and negotiations, and then prepare the final contracts. Once the sale has actually been made, your conveyancer will also take care of the deeds and make sure that the necessary documents are given to your mortgage lender.

Choosing a conveyancer

With the large amount of money involved in purchasing or selling a home, and the paperwork required by the institutions that will lend that money to you, the fees of a conveyancer are well worth the investment.

Some conveyancers charge a fixed rate, others set the amount according to a value of the property. However, fees should not be the sole determining factor behind your decision to hire someone as your legal representative. Choose someone that you’re comfortable with, who offers excellent customer service, and will update you between the long stretches when documents are being processed. As a rule, legal firms that specialise in conveyancing are more likely to provide this kind of dedicated service. You are guaranteed that you are talking someone who knows the ins and outs of real estate, and will not have to worry that the person assigned to you isn’t too busy in the courts to work on your documents.

It’s also important to ask what is included in the fees, to uncover any hidden charges or at the very least clarify who will shoulder small costs of processing paperwork, such as documentary stamps.

The IRS Levy And Legal Powers Of Garnishment Defined

IRS garnishment refers to the notice issued by the IRS department to withhold all or some part of the money to the court or to the person who has won the lawsuit to claim the money. The IRS garnishment is limited by law according to which only up to 25% of the disposable earning of a particular period can be garnished. Also, the amount by which the disposable earnings exceed thirty times the Federal minimum hourly wage in effect at the time earnings are payable.

If someon…
Wage Garnishment Law,IRS Wage Garnishment,IRS Levy,IRS Garnishment,Wage Garnishment,Garnishment
IRS garnishment refers to the notice issued by the IRS department to withhold all or some part of the money to the court or to the person who has won the lawsuit to claim the money. The IRS garnishment is limited by law according to which only up to 25% of the disposable earning of a particular period can be garnished. Also, the amount by which the disposable earnings exceed thirty times the Federal minimum hourly wage in effect at the time earnings are payable.

If someone has a problem regarding the payment of the taxes he can approach the IRS department and seek relaxation in payments of the dues. Mostly IRS garnishment is levied as the last resort. In most of the cases IRS accepts some sort of payment plan if some basic information is provided. This information includes the returns filed till date. This is required to state that although there are dues pending but the exact financial status has been stated to the government.

All assets need to be disclosed including all cash, bank accounts, investments, etc. This is to certify that there is not enough cash available to pay to the IRS department as tax. Therefore details of all checking accounts, savings account, money market or brokerage account should be clearly stated. The person should also be not in a position to borrow the amount owed to the IRS department. There should not be enough liquidity in the retirement account as well from which money can be borrowed or liquidated.

In case of IRS garnishment the IRS officers do not handle the cases, which are less than $25,000. According the to the IRS garnishment law the person requires to pay the amount which is the difference between the monthly income and expenses required for the month. This amount needs to be submitted to the IRS department for the clearance of tax dues. The IRS has already determined the monthly expenses for any individual. They need to be matched with the person’s monthly expense. This is done on the basis of form completed by any individual as stipulated by the IRS department. If the person is a businessman then a financial statement of the business also needs to be attached with the completed form stating the personal financial assessment.

Thus after the filing the returns and completing the form, IRS determines the monthly amount payable towards IRS garnishment. But it is to be noted that all along the payment period IRS shall continue to add penalties and interest on the amount outstanding. This eventually leads to larger payout than the actual sum due towards taxes. This is due to the reason that along with the principal amount due the person also keeps on paying the charges levied as interest or penalty.

Thus it is better to avoid IRS garnishment so as to keep the government at bay. This is payment conditions are usually not explained by the IRS department. Further, IRS also warns the tax payers to look in to the promoter’s claim which states that tax debts can be settled for less through Offer in Compromise program. This program is only beneficial when the tax payer is eligible as per the rules stated in the program.

Avoid Legal Battles over Broker Commissions

Clearly spelling out the terms of agreement is the first rule for owners and brokers. This is the best way to prevent litigation.
broker commission agreement contract sign owners
Commissione agreements that spell out how brokers are paid typically use form documents. The commission formula sometimes changes, but the terms and conditions usually stay the same. Consequently standard terms and conditions of commission agreements are often ignored by brokers and owners once the agreement is signed. Since the broker’s income is tied to the terms of those agreements, close attention to details are vital to all parties involved.

Recent lawsuits stemming from disputes over broker commissions reveal tough lessons about the importance of paying close attention to commission agreements.

A building owner in Detroit was forced to pay a commission because the original agreement did not contain an expiration or termination date. The building owner argued that there are a number of key terms understood and agreed to prior to signing the agreement that were not contained in the final written agreement. The judge overruled this argument stating that the contract was clear as written.

Judges and juries are not real estate professionals. The term “procuring cause” may have a standard definition in the real estate business, but mean nothing to a juror. All parties involved must make sure the language is clear. A judge or jury will not rewrite a contract to save either party from a bad business decision.

Even after a favorable commission contract is successfully negotiated and written, it’s not OK to simply file it away. Either party cannot claim they forgot about the agreement.

The lesson here is to carefully note important terms and conditions, especially those that relate to performance, compensation, and termination.

Legal disputes are not unique to any location. Judges and juries nationwide are showing resistance to insert terms into commission contracts or allow parties to ignore the terms of a contract. Recently there’s been an increase in the number of disputes. Some have settled out of court, yet a fair number have gone to litigation. This can be reversed through the efforts of brokers and owners who invest more time and effort putting together agreements and abiding by them. This is the best method of prevention.

Good luck to you,

Car Insurance Legal Expense Cover – The Policy Essential

Like many people buying car insurance, you shop around and buy online. You’ve found a really good, cost-efficient deal. So when it comes to the final checkout, do you choose to tick Yes or No in that Legal Expenses Cover box? It will add a little more to the total, and it’s not an absolute requirement, so you may be tempted to leave it out. Not least because it’s definitely not the most well-known part of insurance! It is, however, something we think you really should conside…
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Like many people buying car insurance, you shop around and buy online. You’ve found a really good, cost-efficient deal. So when it comes to the final checkout, do you choose to tick Yes or No in that Legal Expenses Cover box? It will add a little more to the total, and it’s not an absolute requirement, so you may be tempted to leave it out. Not least because it’s definitely not the most well-known part of insurance! It is, however, something we think you really should consider adding if it’s not in the policy as standard. And here’s an example of why:

Earlier in the year Jake, one of our freelance writers, was involved in a car accident. His Golf Mark I is his pride and joy, and he’s spent many happy weekends working on it. So naturally, he wanted total insurance coverage for every eventuality – even legal expenses.

This certainly proved to be the right decision after the accident. The car was hit from the rear, so some of the vehicle damage could be fixed. The insurance company worked fast to deal with the claim. Unfortunately, Jake also suffered a broken wrist and some whiplash. If he hadn’t taken legal expenses cover, the bill for a solicitor to pursue his compensation claim would have been solely his responsibility. Fortunately, since he had the cover, Jake was able to get his compensation quickly. Working as a freelance writer, Jake doesn’t have the safety net of employer sick pay. Lost hours mean lost money. Jake was out of work for a month – and a month’s wages. With legal expenses cover, however, Jake was able to claim for loss of earnings and will receive compensation for them any day now.

The total cost of this peace of mind and earnings security? An extra Ј2 a month on his premium, surely a worthwhile investment for anyone’s money!

Fully comprehensive car insurance ensures that your vehicle is well taken care of, but how about the driver? Jake’s accident was not his fault, but he had to spend a month off work. Without legal expenses cover, the cost of getting compensation would have fallen to him. With it, he was as well protected as his beloved car, and didn’t have to worry about being able to afford to make a claim.

Take another example of a typical accident: you are unharmed, but your car has to wait in the repair shop for two weeks while parts come in. Without replacement car hire as part of your insurance deal, you will have to rely on public transport – not the reason you bought your own vehicle! With legal expense cover, you can use a hire car and know that your trouble and inconvenience will be compensated.

All you need to do when you claim on your legal expenses policy is to provide the accident details in the same way you normally would – all the paperwork will be taken care of for you. It’s possible that you may need to speak to your solicitor, or appear in the stand in the event of the case going to court, but you won’t ever have to pay any legal fees.

And the cost is low, sometimes even free. Admiral include it as standard. Most insurers do make a charge, but it averages around Ј20 a year – for example, More Than charge Ј17.85, and Budget add an extra Ј24. Consider the legal battles that have resulted from accident claims in the past – especially those where serious injuries and claims were involved. Compensation – and costs – can run into millions. No-one can doubt that in cases like these, legal expenses cover is a worthwhile addition to any policy.

So next time you buy car insurance, make sure your policy includes legal expenses cover. Take it as an extra if it’s not part of the standard package. You’ll barely notice the extra cost, but you’ll certainly be aware of the benefits if you ever need it.

Want to Save Money? Support Legal Reform

What would you do with an extra $886 each year? Pay off your credit cards? Get braces for your child? Make an extra mortgage payment?
Want to Save Money? Support Legal Reform
What would you do with an extra $886 each year? Pay off your credit cards? Get braces for your child? Make an extra mortgage payment?

For anybody, $886 is a lot of money. But that is exactly how much you and every man, woman and child end up paying each year to cover the cost of litigation in America. According to a new survey by Tillinghast Towers Perrin, tort lawsuits – civil cases involving an injury or wrong – cost Americans $260 billion in 2004, or $886 per citizen.

Americans are justifiably outraged by this sobering statistic. They want to know how this happened and what can be done to fix the problem.

In the past decade, more plaintiffs’ lawyers have exploited flaws in our legal system in search of jackpot justice. They tend to sue companies with deep pockets. Then they shop around the country looking for courts and judges who will most likely rule in their client’s favor, regardless of the merits of the case. While clients may or may not end up with a generous verdict or settlement, trial lawyers almost always make out well, taking home millions for themselves.

The U.S. Chamber Institute for Legal Reform is fighting back. One way we do that is by letting the public know which states have the fairest or most balanced legal systems. ILR just released its fifth survey of state liability systems, conducted by Harris Interactive. Over 1,400 corporate counsels ranked the best to worst.

This year’s top five states are Delaware, Nebraska, Virginia, Iowa and Connecticut. And the worst? West Virginia, Louisiana, Mississippi, Alabama and Hawaii. Dishonorable mention goes to Wisconsin, which dropped 13 places in just two years.

Why the ranking? Because companies are reluctant to do business in states with a reputation for lawsuit abuse. And frivolous lawsuits drive away jobs, businesses and doctors. In the end, lawsuit abuse hurts you and your pocketbook.

Why Marijuana Should be Legal

Many Americans feel that Marijuana is helping fund the war on terror, but making a war on drugs and keeping Marijuana illegal has not stopped millions of Americans from smoking pot everyday. So what is the answer?
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Many Americans feel that Marijuana is helping fund the war on terror, but making a war on drugs and keeping Marijuana illegal has not stopped millions of Americans from smoking pot everyday. So what is the answer?

First, why is Marijuana illegal? In the 1930’s William Randolph Hearst, who had significant financial interests in the timber industry testified to congress on the evils of marijuana, saying things like it make people insane and commit acts of cannibalism? at this time very few even knew what it was and to stop people from going insane Congress decided to make it illegal.

The truth is many paper manufacturers were thinking of changing from using trees to make paper to using hemp because it was cheaper and easier to grow and better for the environment, and Hearst stood to loose millions so he used his influence and testimony to help get marijuana banned in the USA.

So now that we know why it was made illegal, we can realize that not only would making it legal in the United States stop terrorist from smuggling it into the USA, but would give us another option to cutting down of millions of trees every year for paper products that can be made better from hemp.

Hemp has thousands of uses that we are unable to exploit because of its illegal status.

During WWII hemp was used for the rigging on parachutes as well as rope and material for uniforms.

Nowadays Marijuana can be used to relieve pain and some of the effect of cancer treatments and old age.

It has been proven to slow down the spreading of Alzheimer’s, relieve the pressure behind the eyes from glaucoma. It also helps relieve migraine headaches and the side effect of cancer treatment.

But until the United States realizes how much money can be made from legalizing it, it will remain illegal.

This is much like the situation with online casinos in the USA. America was sending billions of dollars out of the country and the government needed to do something to keep the money here, so they banned Online Casino and just like online casinos and online gambling I believe one day the government will learn to take advantage of these things instead of just banning them.

Eventually the USA will realize that the best way to stop the flow of money out of the country is not to ban marijuana or online casinos, but to enter the market and compete.

If the USA did what Amsterdam has done the government would make not only billions in Taxes from the sales of Marijuana, but the economy would boom from all the tourism that it would bring in from all over the world.

The truth of the matter is that legalization is inevitable. The attitude of people has changed so drastically over the last 30 years, that eventually when the younger generations start to take over marijuana will eventually become legal because they understand the truth, and that is banning something only makes the market for it stronger.

Bailiffs & Council Tax – Know Your Legal Rights

Many of us do not know how bailiffs work to collect arrears. Basically, bailiffs are private personnel hired by the local council to handle Council Tax and Poll Tax.
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Many of us do not know how bailiffs work to collect arrears. Basically, bailiffs are private personnel hired by the local council to handle Council Tax and Poll Tax. Anything that they get from you is auctioned as a way of paying your existing debt. This process of taking your goods, selling them, and paying your debt is called “distraining” or “levying”.

Since October of 1998, the County Court ruled that bailiffs must carry a certificate with them as a proof that they have been hired by the local council. Any complain about a bailiff not following this order can be brought to the attention of the court immediately.

Since April of the same year, a process involving bailiffs and debts has also been at work. This process states that you, as a debtor, must get a letter from the Council which contains the details of your credits. The same notice would bear the warning that if ever you fail to pay your financial obligation within 14 days, bailiffs will be sent to your aid. You may contact a member of the local council within the period for your concerns. You can also make suggestions to the council about the most convenient payment scheme that you can afford. If the council approve of your suggestion, they will ask the bailiffs to stop calling you and save you extra fees in the long run.

DO I HAVE TO LET THE BAILIFFS IN?

One thing that you must know about bailiffs is that you do not have the responsibility to take them in whenever they come. In fact, you can choose not to let them inside your home. If the bailiffs have never been into your home, they have no right to come in at anytime of the day. It is also unlawful for them to break in.

As a form of precaution, avoid the following scenarios:

– Do not open your doors to the bailiffs. Once you entertain them, they will have the power to push past you. If they get inside, they will have the right to enter again and take more of your goods.
– Do not leave your doors and windows unlocked because bailiffs can easily take advantage of any kind of opening. As they cannot ask the police to help them break in, your carelessness is their only ticket.
– Do not fall to any kind of trap. Bailiffs can make several bluffs like asking to use the toilet or the telephone just so they can lure you towards letting them in.
– Do not leave your valuables lying around. Bailiffs can easily take away anything valuable that they lay their eyes and hands on. Make sure that your cars are always shielded from view.
– Do not make transactions inside your home. If you have a certain amount to pay the bailiffs out for your debt, do so but make sure that you transact outside. Do not forget to take a receipt as well.
– Do not sign anything that the bailiffs ask you to. The bailiffs do not have the right to make you sign any sort of document, whether it was left posted in your door or handed out to you personally.

THE BAILIFFS HAVE ALREADY BEEN INSIDE MY HOME

If you allowed the bailiffs go inside your home at once, you are in for a more serious situation. Once bailiffs are let inside, they will have the right to come back again. If you choose not to let them in the second time, they will have the right to break in. What you can do to repair this problem is to get in touch with your local council immediately or make the necessary arrangements with the bailiffs. You can ask your local councilor for help or you can devise a specific payment scheme that you can afford and present it to the bailiffs. If they agree on your terms, you can prevent them from coming back and take any more of your things. Also make sure that you take a receipt of your every payment to be on the safe side.

WHAT THINGS ARE THE BAILIFFS ALLOWED TO TAKE?

Most of your valuables can be legally taken by the bailiffs except for the following:
– Anything that was rented or hired.
– Items or equipments that are necessary for your personal and professional use.
– Your basic daily needs such as clothing, bedding, and furniture.

You will notice that exemptions are not really item specific. The bailiffs may have different interpretation of which items they can take legally or not. If you feel that what they have taken away should have been exempted, you can file an appropriate complaint in your local council.

CAN THE BAILIFFS TAKE THINGS WHICH ARE NOT MINE?

It has been clearly established by the law that the bailiffs can only take what are legally yours. This include items that you co-own with your partner. If the bailiffs attempt to take anything that you do not own, politely tell them about the item’s ownership by showing receipts or proofs of purchase that will indeed tell them that it is not yours. Also, the owner of the goods can make a sworn statement or a statutory declaration about the real ownership of the items.

Other things that bailiffs cannot take are the ones that are rented or hired. Make sure that you keep a copy of your agreement with the real owner so the bailiffs will not take them away.

WHAT IF I HIDE THINGS OR GIVE THEM AWAY?

It is legal to hide your valuables if the bailiffs have never been inside your home. Once they step in, however, they will list all the items they intend to take. If you try to hide any of those things elsewhere other than your home, you will be committing an offence that is punishable by the law. If you are able to keep the items discreetly out of sight, the bailiffs can rightfully search for them on visits.

BAILIFFS PROCEDURES

The good news is that bailiffs cannot break inside your home just like that. They are also covered by certain laws and procedures that they must adhere to including the following:
– Bailiffs must bring with them a written authorization or a certificate from the local council.
– Bailiffs must hand you a copy of the “Enforcement Regulations” which contain information on what they are only allowed to do.
– Bailiffs must also bring with them a statement of charges that they can take with each visit. They should never make additions to blow up your debts.
– Bailiffs must also bring with them a “Walking Possession” agreement duly signed by you. This agreement contains the list of items that they have warned to take right from their first visit.

HOW DO I STOP THE BAILIFFS?

The most effective measure to stop the bailiffs from taking away your things is to make an arrangement on how you can pay your debt. Devising an effective installment plan will be beneficial for you especially if the bailiffs have never been into your home. Offer only what you can afford to pay to prevent any form of misunderstanding to take place.

The bailiffs cannot send you to prison. If they fail to break into your home, their most appropriate action is to pass your debt back to the council. If this happens, it would be much easier to settle the problem. You better take this as a priority debt because if you do not act on it immediately, the council will find another way to recover the money. They can file an Attachment of Earnings Order, which will take out money from your earnings or other form of order that will summon you to pay your financial obligations dutifully.

In some instances, the council may agree to exempt your case from bringing it to the bailiffs’ attention. The council allow direct payment schemes for those who are on Income Support, Pension Credit, and Job Seekers’ Allowance. Better yet, ask the council whether they can take back your case from the bailiffs so you can deal with them directly. Your local councilor can help you make the deal with the council. Explain your reasons and whatever difficulty it will bring you in case the bailiffs break into your home and take your things to stand a chance for a consideration.

HOW DO I COMPLAIN?

There are Enforcement Regulations that the bailiffs must adhere to. However, the National Standards for Enforcement Agents issued by the Lord Chancellors Department is quite tricky. Although it provides specific guidelines on bailiffs’ behavior in carrying out their duties, mentioning these standards in your complaint may be or may not be beneficial to you. You can look out for the standards yourself through the Department for Constitutional Affairs website

(www.dca.gov.uk/enforcement/agents02.htm).

The law concerning the bailiffs is complex but you can start learning it through by reading the law yourself and trying to understand every bit of technicalities in it. Your personal effort, however, may not be sufficient. If you can, it would be best to get a legal advice on what you can do against what you feel is unlawful action of the bailiffs.

Since October 1998, the bailiffs need to act with a certificate at hand. This certificate to collect Council Tax must be granted by the court. Filing a complaint against the bailiffs can have their certificate withdrawn and their right to enter your house forfeited. To file a complaint, you can write a formal letter to the Court Manager so he can administer a hearing. Once the court find substance in your complaint, it can rule out to cancel the bailiffs’ certificate, order compensation as well as return of the surrendered goods. Some cases acted favorably to the complainants where their debts have been written off due to the bailiffs’ illegal acts. This is one of the reasons why you should not take your complaint sitting down. Once you discover an irregularity, you must rush to the Magistrates Court to file a complaint.

The bailiffs report directly to the council and it would be ideal to bring your case there. Once it receives your complaint, it must order the bailiffs to change their procedures. If this do not work, you can call the attention of your local councilor or your local government Ombudsman to look through your case.

BAILIFFS CHARGES

If the bailiffs are asking for excessive charges, you can use it as a case for complaint. You can make a written notice to the council telling them that what has been taken from you may be way too much. You can also seek advice from the County Court regarding the appropriate fines the bailiffs can charge you.

Your common sense and your knowledge on local processes can also be useful in determining what amount of fine is reasonable and what is not. If, for example, the bailiffs charged you Ј80 for attendance with a van and hiring a van costs only Ј40, you are obviously charged unfairly. When such circumstance takes place, you can instantly call the attention of the bailiffs. Warn them that you will take further action for your complaint to be recognized if they refuse to follow the regulated schedule.

Submit a written complaint to the council so they know how the bailiffs are illegally carrying out their duties. Other than that, you can also apply for a “Taxation” in the County Court. This kind of application will ask the court to look through your complaint within 12 months after which they should submit a decision whether the bailiffs charges have been excessive or not. If the court decides against you, you will be held liable for the bailiffs’ firm’s court costs. That’s why you must be careful in taking such action. Please remember, however, that making complaints is worth your every effort especially when you are loaded with evidences that will prove that the bailiffs stepped out of the line.

USEFUL LINKS

The Secretary
Association of Civil Enforcement Agencies
Kensington House
33 Imperial Square
Cheltenam
Glos
Tel: 01242 241456
Website: www.acea.org.uk

The Secretary
Enforcement Services Association (ENSAS) (formally The Certificated Bailiffs Association)
Ridgefield House
14 John Dalton Street
Manchester
M2 6JR
Tel: 0161 839 7225
Website: www.bailiffs.org.uk

Local Government Ombudsman (England)
Millbank Tower
Millbank
London SW1P 4QP
Advice Line: 0845 602 1983
Monday to Friday, 9.00 am – 4.30 pm
Website: www.lgo.org.uk
Note: There are a total of three local government Ombudsman offices for England. You may check whom to send a complaint by calling the Advice Line.

Local Government Ombudsman (Wales)
Derwen House Court Road Bridgend
CF31 1BN
Tel: 01656 661 325
Website: www.ombudsman-wales.org

The Legal Procedure Of Wage Garnishment

A legal procedure, in which some portion of a person’s earning is required to be withheld by an employee for the payment of the debt, is called as wage garnishment. Most of these garnishments are made by court orders. There are some other legal procedures also which include IRS levies or state tax collection agency levies. They levy for the taxes, which are unpaid.

There are assignments in which the employees voluntarily agree that their employers will deposit a particula…
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A legal procedure, in which some portion of a person’s earning is required to be withheld by an employee for the payment of the debt, is called as wage garnishment. Most of these garnishments are made by court orders. There are some other legal procedures also which include IRS levies or state tax collection agency levies. They levy for the taxes, which are unpaid.

There are assignments in which the employees voluntarily agree that their employers will deposit a particular specified amount of their earnings to their creditor. But in the case of wage garnishment this voluntary assignment does not work.

Title III of Consumer Credit Protection Act says that person has his pay garnished for only one debt then the Act limits the amount of that employee’s earning that may be garnished. It even protects the employee from being fired also. If any garnished controversy in wage garnishment is arises, then the query solution part has to be taken directly to the court or the agency initiating that withholds the action. In the case of wage garnishment, Wage and the House Division, which administers the Title III Act cannot do anything.

The Garnishment law protects everyone from receiving their personal earnings like pensions, salaries, commissions, wages, bonus, etc. this law implies in all the 50 states. Wage garnishment is not prohibited if an employee’s earnings are garnished for or more debts.

There are some restrictions also on wage garnishment. The amount of pay subject to wage garnishment is based on the employee’s disposable earnings which includes federal state and local taxes and the share of employee in State unemployment Insurance and social security. These disposable earnings for wage garnishment under the CCPA many deductions are not made from the employees gross earnings such as voluntary wage assignments, union dues, health and life insurance, savings bonds purchased, payments made for payroll advances, contributions to charitable causes. Only the retirement plan contributions are deducted and that too only those which are required by the law.

For wage garnishment, the garnishment law sets the maximum amount that can be garnished from a person in a particular pay period. During the fixing of the amount, the law does not consider the member of garnishment orders received by the employer. In case of ordinary wage garnishment, which does not include bankruptcy etc., the amount of garnishment in a week may not exceed the lesser of the two figures. The garnishment amount maybe 25% of the disposable earning of the employee or the amount by which his disposable earnings are greater than 30 times the federal minimum wages. Of the pay period is weekly and the disposable earnings are lesser than the amount calculated through the federal minimum wage, then the garnishment cannot be done. A maximum of 25% can be garnished. The law for wage garnishment specifies that the restriction on garnishment does not apply to certain cases where the bankruptcy court order is issued or there are outstanding debts for the federal or state taxes.

Wage garnishment is the last option that an employer goes for. When all the other options for settling the due debts exhaust, then the employer opts for wage garnishment. Most of the wage garnishment requires a court order and even in that they are required to notify the worker 20 days before the garnishment goes into the effect.

If someone ignores the IRS, then wages are the first place that goes in for garnishment. It is not only the IRS but also the state government; private creditors or even an ex-spouse seeking alimony can go in for garnishment. The government creditors can garnish more than the paychecks. But the Title III of the Credit Consumer Protection Act limits the amount of wage garnishment from the worker’s paycheck. This facility leaves an employee with some income and at the same time creditor also get paid up regularly also prevents the creditor to speed up the recovery procedure.

Choose The Best Legal Structure For Your Business

Do you know the best legal structure for your small business? Legal structure refers to the way a business is organized. Choosing the best legal structure for your business is critical, as it affects aspects of your business ranging from tax payments to your personal financial liability. The most common types of business legal structure are sole proprietorships, partnerships, and corporations.

The most common and simplest legal structure is a sole proprietorship, or a b…

Do you know the best legal structure for your small business? Legal structure refers to the way a business is organized. Choosing the best legal structure for your business is critical, as it affects aspects of your business ranging from tax payments to your personal financial liability. The most common types of business legal structure are sole proprietorships, partnerships, and corporations.

The most common and simplest legal structure is a sole proprietorship, or a business owned by one person. The owner and the business are the same entity in terms of taxation: the business profits are personal profits and taxed as personal income. The owner is financially responsible for business and their personal assets will be used to cover losses or debts incurred by the business.

Two or more owners of the same business may file for partnership status. This type of business structure is very similar to the sole proprietorship- all partners are held financially responsible for the debts of the business and the tax burden is borne proportionally by the partners.

The most complex business structure, and the most difficult to obtain, is the corporation. In a corporation, the owners and investors are separate from the business in terms of taxation and income and are not held entirely liable for the company’s debt.

S-Corporations (Single Person Corporation) are an option for one business owner who wants to create a corporation to save money on taxes. As the sole employee of the business, they receive a salary out of the business profit and pay the appropriate income tax. The rest of the business profit they receive as a dividend payment, on which much less tax is paid. Therefore, by separating the profit into salary and dividend, the S-Corporation owner saves money on taxes.

When deciding on the best business structure for your business, consider that most businesses start small, beginning as a sole proprietorships or partnerships. These business structures require minimal paperwork and have a simple filing process, and are best suited for smaller businesses where there is less chance for high losses or being sued. Once your business takes on more risk, deals with higher amounts of debt, or requires substantially more capital, you should consider filing for corporation status to safeguard your personal assets and have access to more capital.