Once Upon a Lawful Time

Once upon a time, if you saw a couple of lads trying to steal your car, a shout from you, "Hey, what is going on here," would have sent the lads scurrying away as fast as they could. Not wanting to be recognised or to be caught. You would have saved your car and driven off the thieves.

But that as they say now, was once upon a time.

I believe that today's "lads", or a more proper description of them as mindless vandals, have no fear of recognition, being caught, or seeing the irate owner of the car, shouting or threatening them. It will not hold up or interfere with the particular theft in hand.

Thing have changed now, they operate with probably four or more of them together, they are armed with at least a knife, and anybody who has the audacity to interfere in the completion of their crime, well that is simple, beat him to the ground, kick him as much as you can, and almost mandatory stamp on the head, and maybe stab him for good measure.

At this time the crime they were committing may be abandoned, as they now have something more to brag about.

With all the C.C.T.V. coverage we now have in this country, it is almost inevitable that this gang will be found somewhere on the streets close by. They will be seen, and the public response usually will bring them to court. I say bring them to court, and not bring them to justice. Those two statements are so very far apart.

How much is a person's life worth? The variation in interpretation of the crime between the courts, is so far apart. And why do we have this wonderful word "Manslaughter," if a person dies trying to defend his property, he would not have died, had the vandals not been there, so in my book they have killed him, and causing or taking another persons life, to me is murder. So whether the person died accidentally during a confrontation, or by a deliberate act, surely once again the argument should be, that if they were not there the person would still be alive and well. They have murdered.

Even if a person falls down the stairs and dies as the result of a broken neck, trying to get away from the vandals, and they have not touched this person. Then once again the death was being caused by their presence and the fear they generated. They caused the death. If they were not there then it would not have happened.

The courts dish out sentences of a number of years, calling it life, and then saying that they must serve at least five ten or fifteen years. Life? Then have the audacity to let them serve only half of that sentence. A vandal of eighteen or twenty, may be out of prison in just five years, and at twenty-five to thirty years old, has his whole life to get on with, and maybe more crimes to commit, while the bereaved family of the victim, carry on with a true life sentence with the loss of a loved one.

But whatever you do, do not kill a burglar or vandal.

You will be arrested and thrown in the cells, your name published for all to see, and a big debate whether you are a murderer or a victim defending yourself.

A target for other lawless vandals to get revenge for killing one of theirs.

Years ago, children were executed for stealing a loaf of bread to stop them from starving. We would not wish that for today's children, breaking the law then, had serious consequences.

But that was once upon a time.

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HIPAA Rules, What Every American Should Know

In 1996, the United States passed the Health Insurance Portability and Accountability Act (HIPAA), which changed the way that healthcare workers and providers are allowed to handle record retrieval and the sharing of personal healthcare information. Despite the passing of this act, most Americans do not know enough about HIPAA rules to know how to keep themselves safe from violations and breaches in privacy. Knowing the basics could be crucial to keeping your personal information or the information of a loved one safe and confidential.

To properly understand HIPAA rules, it is important to discuss how the act came about in the first place. The origins of this act can be traced all the way back to 1975, when a new system of electronic data sharing and record retrieval became commonplace in the healthcare world. With the continued advancement in technology, it became more apparent that regulations on the transfer and sharing of this information needed to be regulated. The rise of email and the Internet made this need for privacy even more crucial, and so HIPAA was born to protect individuals and families from their medical records being spread all over the place and shared with individuals who simply did not have any business seeing them.

So what should you know about HIPAA rules? Here are the basics:

A person's medical record retrieval by individuals outside of the medical profession can only happen if there is a court order signed by a judge, a subpoena with proper proof of need, or a Qualified Protective Order used for litigation purposes. Every single American is entitled to the privacy that HIPAA provides. Whether an individual is a baby, healthy, sick, or even deceased, his or her medical records are to remain protected under this act. A healthcare provider or servicer cannot look at any medical history or information from your doctor unless you choose to share this information. An example of this is buying medical equipment. Generally, in the case of medical supply retailers, the staff members of these stores need the client's medical history to approve him or her for the products that he or she is seeking, especially if the client wants these products to be paid for by insurance. These retailers must have written consent for record retrieval and the sharing of these records with an insurance company or the staff within the company, before they can proceed with processing any claim.

HIPAA rules were created to protect the citizens of the United States from their information being spread all over the Internet via unsecure transfer of information and record retrieval. This act was created so that with the rise of technology, companies and healthcare providers are required to keep your personal records safe and secure, and it gives the American rights as to who sees and knows what regarding his or her personal medical history. Knowing your basic rights in relation to HIPAA is important so you know how to recognize if your privacy has been breached or you or a loved one have been taken advantage of.

Judicial Council Forms Hold Clues To California Procedural Questions   Legal Rights Advice: 10 Areas of Fun Regarding Legal Help   3 Things a New Process Server Must Do to Be Successful   How To Record A Lien   How to Fight a Credit Card Lawsuit: Request to Admit Facts Collection Lawsuit   Responding to a Collection Agency's Interrogatories Correctly   

What Do I Do If I Am Deposed

A deposition is a method of discovery in a civil lawsuit in Florida by which a party can obtain information by asking questions directly to a deponent. They are generally transcribed on paper by a court reporter, but can also be videotaped. They are like a simple Q and A session, but can sometimes be a critical junction in a lawsuit and can significantly impact a party's litigation strategy.

In Florida, most depositions occur during the discovery phase of a lawsuit. The discovery phase normally begins after the pleadings or documents framing the suit are filed with the Court, but before the final resolution of the matter.

Procedurally, the participants coordinate the time, date, and location for the deposition and provide written notice to the deponent. If the party being deposed is not a party to the lawsuit, then the notice is in the form of a subpoena and is served by a process server, unless waived. Failure to appear or participate at a deposition can result in sanctions from the Court unless there is a proper basis to do so.

If you are a represented party in a lawsuit, your attorney will discuss the particulars of the deposition, who may and who will be present, and what you can expect. Your attorney will also tell you whether you should review any documents before the deposition and if you should bring any materials to the deposition. The most important advice your attorney will give you is always tell the truth. When you begin the deposition, you will take an oath to tell the truth. Not only is it illegal to intentionally violate that oath, but it will destroy your credibility and jeopardize your claims if you don't tell the truth.

Some other important general Dos and Don'ts in preparing for and participating in a deposition are:

1. Do always tell the truth

2. Do dress appropriately, especially if the deposition will be videotaped (you'll know in advance)

3. Do listen to the question and carefully consider your answer - it's OK to take your time in responding

4. Do be sure to answer verbally - nods of the head don't translate into writing

5. Do inform the attorney questioning you if you don't understand the question and ask that person to rephrase their question

6. Do fully review any document provided before answering a question about it

7. Do inform your attorney if you need to take a break or if you are uncomfortable or unsure of anything

8. Don't volunteer information particularly when no question has been asked

9. Don't divulge what you and your attorney have discussed unless your agree in advance with your attorney to do so

10. Don't guess - it is acceptable to answer with "I don't know" if you really don't

11. Don't try to answer questions about a document without seeing it - if it is not provided, ask to see a copy if you need to

12. Don't accept the statements, representations, "facts", or opinions of the attorney questioning you unless you know that they are absolutely and unquestionably accurate

13. Don't try to outsmart the other lawyer or play lawyer

Judicial Council Forms Hold Clues To California Procedural Questions   Legal Rights Advice: 10 Areas of Fun Regarding Legal Help   3 Things a New Process Server Must Do to Be Successful   How To Record A Lien   How to Fight a Credit Card Lawsuit: Request to Admit Facts Collection Lawsuit   

Are Civil Bench Warrants Worth Getting?

I am not a lawyer, I am a judgment referral expert (Judgment Broker). This article is my opinion, based on my experience in California, and laws vary in each state. Nothing in any of my articles should ever be considered legal advice. If you ever need legal advice or a strategy to use, you should contact a lawyer.

One of the age-old tools in judgment enforcement are judgment debtor (and third parties that possess or know about the debtor's assets) exams at the court. A related tool is document production requests. What happens if a properly-served debtor does not show up at the court hearing?

If you ask and pay the court, they will issue or request a bench warrant (sometimes named a Warrant Of Body Attachment). You must pay the court or sheriff, to get the warrant issued and made active.

What happens next depends on what state and county your debtor resides at. In some places in the US, the debtor will be picked up and becomes a mandatory guest at a court or sheriff office, sometimes held overnight, and told they better show up at the next hearing, and if they fail to show up again, they must spend ten days in jail.

In most places in the US, the average result is much less impressive. Where I live, in Santa Clara County, the odds are less than 1 in 100 the debtor will get picked up at all. Often, only the most down and out debtors, the kind that gets arrested often, are picked up on civil bench warrants.

Keep in mind that when a debtor does not show up in court after being properly served, they have disobeyed the court, not the creditor, so this is a contempt of court issue.

If your debtor seems poor and down and out, perhaps it is best to stop spending time and money on them, until you find assets you can might be able to recover, maybe years later. If your debtor is poor, what good will a bench warrant do?

Even if you want bad luck to happen to your debtor, you are far better off not trying to get them fired, or involving law enforcement/regulatory bodies, etc, because it creates more expense or work for you, and may reduce their income, which means they may have less assets to pay you with.

Especially if your debtor is well-known; for example, a professional, a lawyer, a doctor, or anyone with a good job or business, you might get some results with a polite letter. Remember to send the "Full Miranda" on your first written communications with debtors.

The letter (for a debtor who is doing well) might say something close to "You believe they are acting unethically, and are displaying conduct which is at variance with their reputation and standing at their business, job, organization, church, law firm, etc". Also, you could "suggest they ought to comply with the court order to appear at their debtor examination, etc."

The less you write, the better. Sometime the debtor will fill in the words that should be missing in your letter. Never threaten anything, even something that is totally legal. I have gotten a payment from a debtor after mailing them a blank sheet of paper. Their mind filled in all the missing words that were needed to help them see the light.

What if you want to get the debtor picked up and detained, even if (depending on your state) there is only a slim chance of that happening? Then, you would pay the court and/or the sheriff for a bench warrant (warrant of body attachment). Usually this is done with a letter of instruction and the required fee, payable to the sheriff where "pickup service" for the judgment debtor is requested.

The court issues a warrant of body attachment and forwards it, along with the letter of instruction and fees, directly to a sheriff for service. Sometimes the court asks you to supply some identifying information, e.g., height, weight, color of eyes, hair, etc.

The bench warrant is directed to the local county sheriff. In California, the sheriff will only accept a warrant of body attachment if it comes from a California court or sheriff.

In California, a civil bench warrant is not a "real" arrest warrant and debtors rarely get arrested. The warrant is a piece of paper the sheriff charges you (e.g.) $50.00 to serve on the debtor, who is not usually arrested. There is a small chance that notice of that, might get the debtor's attention, and get them to pay, because anything can happen.

There are usually two types of warrants of body attachment described by California's CCPs 708.130, 708.170, and 1209-1202 laws. Unlike criminal warrants that are entered into all police and sheriff's computers; civil warrants are sent only to one local sheriffs department, which is responsible (although usually not sufficiently staffed) to serve the warrant on the judgment debtor.

In California, the laws do not allow the sheriffs to collect any civil bail money. (In some California counties, the sheriff's do collect bail and lock up debtors, however the laws of California do not support this.)

Not knowing all the laws of California is a reason why some California sheriff's pick up debtors, and some debtors are intimidated by bench warrants. It is a shame that in California, the laws make civil bench warrants mostly toothless.

While some judgment debtors with a civil bench warrant against them are picked up, you cannot count on it. If the judgment and the debtor assets are big, getting civil bench warrants might later help to persuade a judge to appoint a receiver.

Judicial Council Forms Hold Clues To California Procedural Questions   Legal Rights Advice: 10 Areas of Fun Regarding Legal Help   3 Things a New Process Server Must Do to Be Successful   How To Record A Lien   How to Fight a Credit Card Lawsuit: Request to Admit Facts Collection Lawsuit