Displaying items by tag: Provo

How the Debt Collection Lawsuit Process Works

 

Knowing how the debt collection process works will help you when and if you do end up facing a lawsuit regarding debt collection.Robinson, Seiler & Anderson in Provo can help you navigate the debt collection process. Below are some helpful tips to get you through the debt collection lawsuit process.

 

Receiving the Summons

As soon as you receive the summons you will want to read it. A summons is an official notification from the court that a lawsuit is pending against you. In order for there to be any judgment against you, a summons must be properly served on you according to the laws of your state. The summons will direct you precisely what to do and how much time you have to do it. You will then want to contact your attorney at Robinson, Seiler & Anderson in Provo. They will help you to build your case and advise you on the steps you will need to take next.

 

Lawyers as Debt Collectors and your Rights

The lawyers who file those lawsuits are debt collectors according to the law. That means they must follow the Fair Debt Collection Practices Act in every way. Thus, when confronted with a debt collector that is also a lawyer, or when being sued by a lawyer for a debt collection, here are some things that the lawyers must do:

  • Send written correspondence to your home address within 5 days of the first communication identifying who they are, who they are collecting on behalf of, and the balance owed. In addition, the correspondence must advise you that you have the right to dispute the debt, and has 30 days to demand that the debt collector validate the debt.
  • Advise you at each and every communication that the communication is coming from a debt collector, and any information obtained will be used for the purpose of debt settlement.
  • In the event of obtaining a post dated payment instrument, provide you written notice of the intent to deposit the post dated instrument.

 

There are some key points you should pay attention to when it comes to what debt collection lawyers can’t do:

  • Do anything that violates the Fair Debt Collection Practices Act.
  • Use their position as an attorney to trick you. Look out for the trap in the courthouse. Lawyers acting as debt collectors in the courthouse sometimes will try to work out a deal with you beforehand.
  • Wait for your case to be completed. Just because the lawyer says that he or she will go in front of the judge and you don't have to, does not make it a good idea. Wait it out and hear how your case is disposed of. Make sure it matches what you were told by any of the lawyers or collectors you spoke to about the hearing.

 

For more information regarding debt collection lawsuits make sure you contact Robinson, Seiler & Anderson in Provo today to schedule your consultation with one of our experienced attorneys.

 

What your Real Estate Lawyer wants you to Know

When purchasing real estate you have the option of seeking the help of a Real Estate Lawyer. While it is often unheard of to contact a lawyer before purchasing real estate it could actually benefit you in the long run. We at Robinson, Seiler & Anderson in Provo have real estate lawyers that can ease the purchasing process for you. Below are just some of the things our real estate lawyer wants you to know about employing us on your next big purchase.

 

Don’t Wait to Call Us

As soon as you find some real estate that you are interested in purchasing you need to contact your real estate lawyer. We can be there to guide you through the paperwork and contracts to make sure you aren’t getting the short end of the deal. Waiting to contact us after you sign a contract will only cause more headaches later on.

 

Hire a Professional

You want to make sure that you hire an attorney that is an actual ‘Real Estate Attorney’. All too often you go with a lawyer that you know or that your friends have referred and they don’t have the real estate experience needed to backup your transaction. Laws and customs can vary widely from state to state, so it's critical to go with an attorney who has experience with real estate law in the area in which you're looking to buy.

 

Attorneys have more Power

Some states require that an attorney be involved in a real estate closing, while other states let real estate agents prepare purchase contracts without any involvement from attorneys. Typically the buyer pays for a real estate attorney. In most cases, an attorney is going to act more like a referee, ensuring that everything follows the law. But if you're looking to add unusual terms to a purchase agreement, or if you're worried about a specific legal issue, an attorney can provide legal advice that a real estate agent can't.

 

For more information regarding real estate law or the reasons why you need to hire a Real Estate Lawyer at Robinson, Seiler & Anderson in Provo go ahead and call our office to schedule a consultation. We look forward to talking with you.

Facts about Probate you need to know

Probate is the legal process through which a deceased person's estate is properly distributed to heirs and designated beneficiaries and any debt owed to creditors is paid off. In general, probate property is distributed according to the decedent's last will and testament, if there is one, or according to state law if no will exists. The inner workings and process of going through probate can be difficult. The Attorneys at Robinson, Seiler & Anderson Law Firm in Provo, Utah can help you to get through the process of probate. Below are some facts you need to know about probate to help you in the future.

 

What is Probate?

Probate is the court process of changing the title on assets owned by a deceased person. If a person owns bank accounts, investment accounts, real estate, or other assets in his or her individual name at the time of death, no one will be able to gain access to those assets until the court has appointed a Personal Representative (formerly called executor). The Personal Representative will be able to go to the bank or other financial institution where the assets are located with the court appointment in hand, and change the name on the account from the deceased person’s name to the name of the estate.  Once that is done, the Personal Representative as the legal representative of the estate, will have access to the account and can sell investments, pay bills, make distributions, etc.

 

Not Everything Needs to be Probated

There are a few instances that assets won’t need to probated. For example if a husband and wife have a joint bank account and the husband dies, the joint bank account belongs automatically and entirely to the wife.  She does not need to probate the account in order to get access to it.  Similarly, if a deceased husband left an IRA, 401K plan, life insurance policy, or annuity of which the wife is named as the beneficiary, she does not need to go to probate court to gain access to those assets. If you are not listed as a beneficiary or are on the account then you will need to go through the probate process.

 

Probate takes Time and Money

The reality is that it usually takes the courts several months to process even the most routine probate filing.  During that time period, no one has access to the probate assets.  That can mean expenses such as the mortgage payment, real estate taxes, and the funeral bill are not paid for months.  Court filing fees and legal fees to prepare the file probate documents and advise the Personal Representative can be significant.

 

For help in navigating the probate process and even possibly avoiding it in the future you will want to seek the help of the attorneys at Robinson, Seiler & Anderson Law Firm in Provo, Utah. We can help you to get your assets and final wishes in order.

Mistakes to Avoid in a Personal Injury Case

 

When you are involved in a personal injury case the last thing you will want to do is take any action that will hinder your case. The personal injury attorneys at Robinson, Seiler & Anderson in Provo will guide you on the process of a personal injury case and what you should and should not do. Below are just some of the mistakes you will want to avoid when going through a personal injury case.

 

Not Following your Doctor’s Instructions

Not being compliant or following your doctors specific instructions after seeking treatment after a personal injury can be daunting to your case. Gaps in treatment are something that insurance companies use against plaintiffs – if they don’t follow through with treatment, if they’re not compliant, if there are gaps – because they will say that if there’s a gap, then there could have been another cause for the injuries.

 

Giving a Statement to Insurance Companies

While you assume that insurance companies are going to do the right thing in regards to your case you need to realize they are going to do what they can to avoid a payout. They’re looking out for their insured’s interest, their company’s interest, and their own monetary bottom line. You are not required to give a statement to any insurance company and it should be avoided until you speak with your personal injury attorney at Robinson, Seiler & Anderson in Provo.

 

Settling Early

In some instances, plaintiffs will cut themselves short in that the insurance companies will pressure them to settle even before they’ve undergone treatment done or right after an initial round of treatment. It is impossible to tell if your injuries will continue on and require more treatment and even more money, which is why settling early will end up hurting you in the long run. 

 

Personal Injury Claims are hard to go through on your own. Your focus should be on healing and getting the money you deserve for treatment, let the personal injury attorneys at Robinson, Seiler & Anderson in Provo take care of the rest. Call us today to schedule a consultation.

 

 

What to Know about Wrongful Death Lawsuits

 

Dealing with the death of a loved one is hard enough without having to deal with a wrongful death lawsuit. These take place due to someone's death either caused by negligence or through intentional harm. Wrongful death claims allow the estate of the deceased person to file a lawsuit against the party who is legally liable for the death. Robinson, Seiler & Anderson’s personal injury attorneys in Provo can help walk you through the process of a wrongful death lawsuit. Below are some facts to help you to get a better understanding of what is involved in the process.

 

When you can file for a Wrongful Death Claim

There are specific instances in which you can file for a wrongful death claim. It usually occurs as the result of either negligence or an intentional harmful act on the part of the defendant. This can occur in a variety of situations, including:

·         When the victim is intentionally killed

·         When the victim dies as a result of medical malpractice

·         Car accident fatalities involving negligence

These are just a few examples of what can qualify as a wrongful death claim. Talking with the personal injury attorneys at Robinson, Seiler & Anderson in Provo can help you to determine if you have a substantial case.

 

Evidence Needed in a Case

When it comes to proving negligence in a wrongful death case you must prove that the defendant owed the decedent a duty of “due care,” also meaning it is essentially a duty to do something to keep another person safe, or refrain from doing something that would harm another person. The plaintiff must next prove that the breach of duty actually caused the decedent’s harm. The plaintiff then must prove that the decedent actually suffered damages. In a wrongful death case, if breach of duty and causation exist, damages will be presumed for obvious reasons (i.e. the injured person was killed).

 

Damages

Damages in a wrongful death claim -- categories of losses for which a survivor might be able to receive compensation -- include:

·         the deceased person's pre-death pain and suffering - called a survival claim in a wrongful death case.

·         the medical costs that the deceased victim incurred as a result of the injury prior to death

·         funeral and burial costs

·         loss of the deceased person's expected income

·         loss of any inheritance as a result of the death

·         value of the services that the deceased would have provided

·         loss of care, guidance, and nurturing that the deceased would have provided

·         loss of love and companionship, and

·         loss of consortium.

What you Should Know about Special Needs Trusts

 

Trusts are great when it comes to protecting your assets, setting up plans for the future, and putting trustees and beneficiaries in a position to take over when you are no longer living or able to take care of yourself. Special needs trusts are made specifically for the benefit of those with physical and/or mental disabilities, including those with mental disabilities who lack the capacity to manage their own finances. Robinson, Seiler & Anderson Law Firm in Provo, Utah can help you with the process of setting up a special needs trust to give you the peace of mind you need when taking care of your loved ones. Below are some basic facts you should know about special needs trusts.

 

Distribution of Assets

When you are involving a loved one with special needs in your trust as a beneficiary you need to make sure you still have their needs in line with what you wish to pass down to them. Often times, people with disabilities qualify for government assistance such as Supplemental Security Income (SSI), Medicaid, vocational rehabilitation, and subsidized housing. Many people make the mistake of leaving assets to their disabled loved ones through a will. This is problematic because acquiring assets, such as a lump sum of money, can disqualify your loved one for these types of government assistance programs. Instead you can set up a special needs trust instead of a will which the trustee has total control over the management of the funds, and the beneficiary does not, government program administrators, like the ones from SSI and Medicaid, ignore the trust assets when considering eligibility.

 

Addressing Special Needs

What is great about a special needs trusts is that they address the specific needs of the disabled person whereas other types of trusts do not. Even if a family is not interested in government benefits, they should still consider a special needs trust to address those specific needs. You never know what the future will hold for your loved one and having that spelled out in your trust will help take away a lot of the hard decisions.

 

Taking the time to talk with the lawyers at Robinson, Seiler & Anderson Law Firm in Provo, Utah to set up a special needs trust is a must. They can make sure all of the proper wording and wishes are within the trust so you don’t have to worry about your loved one’s future. Set up a consultation with us today to learn more.

How to Successfully get through a Chapter 13 Bankruptcy

 

Bankruptcy is never an easy thing to go through. While you do have some choices to how you want to get through a bankruptcy it is still going to be hard and require a lot of sacrifices. If you have chosen to go through with a Chapter 13 Bankruptcy make sure you talk with the attorneys at Robinson, Seiler & Anderson in Provo to walk you through the process and what will be expected of you. We have provided some tips for you to try to help you to successfully get through a Chapter 13 Bankruptcy.

 

Create a Strict Budget

Your Chapter 13 bankruptcy won't work if you can’t make your plan payments. It’s based on a two-part calculation, the amount of debt you must repay in the plan, and your income, or, ability to pay your debt. In Chapter 13, how much you’ll pay will depend on your disposable income. It’s calculated by deducting allowed monthly personal and household expenses from your monthly take-home income. That is why it is so important to take the time to create a strict budget and to stick to it. 

 

Court Appearances

You’ll have a minimum of two court appearances before your Chapter 13 plan is approved. The first is the 341 meeting of creditors that all filers must attend. The trustee appointed to your case will verify your identity, ask you questions about your paperwork, and allow any creditors in attendance to ask financial questions. At the confirmation hearing, the judge will decide whether your plan is feasible. Your creditors will have an opportunity to object to the plan beforehand. Such objections are often resolved before the confirmation hearing.

 

Be Proactive when Circumstances Change

Life happens. We never plan for someone to lose their job, fall ill, or have a family crises. Instead of not making your payments you have some options. Talking with the bankruptcy attorneys at Robinson, Seiler & Anderson in Provo can help you to decide what is best for you and your situation. Your options include:

·         Temporarily suspending or modifying your plan payments

·         Extending the length of your plan (but you can’t exceed the 60-month time limit)

·         Granting you permission to incur new debt, such as a replacement car loan, or

·         Allowing you to refinance an existing, pre-petition secured debt, like a mortgage.

 

Call our office today to learn more about Chapter 13 bankruptcy and what you can do today to better your situation.

The Legalities of Land Use and Zoning

Zoning regulations and restrictions are used by municipalities to control and direct the development of property within their borders. Whether you need to get an easement in order to reliably access your property, looking at property for a new business, or have other land use and zoning law questions, a real estate attorney should be able to help. The attorneys at Robinson, Seiler & Anderson in Provo are well versed in the legalities of real estate law as well as land use and zoning. Below are some of the basic legalities to help you understand Land Use and Zoning Regulations.

 

The Function of Zoning Regulations

The basic purpose and function of zoning is to divide a municipality into residential, commercial, and industrial districts that are for the most part separate from one another, with the use of property within each district being reasonably uniform. Within these types of zones there are specific restrictions that must be adhered to such as; specific requirements as to the type of buildings allowed, location of utility lines, restrictions on accessory buildings, building setbacks from the streets and other boundaries, size and height of buildings, and number of rooms.

 

Limits set in Place for Zoning Regulations

Courts have held that a zoning regulation is permissible if it is reasonable and not arbitrary; if it bears a reasonable and substantial relation to the public health, safety, comfort, morals, and general welfare; and if the means employed are reasonably necessary for the accomplishment of its purpose. With these limits set in place it could lead to a lot of disagreement. Having the right attorney who is well versed in real estate law can help you when you disagreement turns into a litigation case. That is where the attorneys at Robinson, Seiler & Anderson in Provo can help. In many jurisdictions, statutes have created boards of zoning appeals to handle these issues. Given both the complexity of zoning law and the specialized nature of zoning appeals boards, an owner who contests a zoning requirement is ill advised to try to argue his or her case without legal assistance.

 

Call our office today to schedule an appointment with one of he experienced attorneys at Robinson, Seiler & Anderson in Provo.

 

When to Involve your Lawyer for an Auto Insurance Claim

If you find yourself to be a victim of a car accident you will soon find yourself involved with an auto insurance claim as well. These can be difficult waters to tread on your own. With the help of a Lawyer from Robinson, Seiler & Anderson in Provo you can find your way through these troubled waters with the advice and experience we have to offer. Listed below are some instances in which you will want to involve your lawyer during the auto insurance claim process. 

 

When there have been Extensive Damage on Injuries

If the accident you were involved in caused serious damages and injuries, an attorney can certainly be helpful when it comes to filing a claim and handling settlements. If you have sustained injuries, the most important thing for you to do is recover. Leave the stress of dealing with the insurance companies, filling out paperwork and making numerous phone calls to your attorney.

 

Figuring out who is at Fault

If determining who caused the accident is something you are dealing with, an attorney can be hugely helpful. Lawyers like the ones at Robinson, Seiler & Anderson in Provo, who specialize in auto accidents will understand how to determine who was at fault. They will work with the law enforcement officials who handled your accident, look at police reports, assess the details at the scene of the accident and will speak with your insurance company and the other party’s insurance company. Your lawyer will be able to fight your case and present who was at fault for the accident with the expertise and knowledge you need.

 

If you are Unable to Work

If the accident you were involved in caused injuries that have left you unable to work, an accident attorney will certainly be able to help you. If you are left unable to work, you may lose wages, or there may even be a chance that you will lose your job. Your lawyer will speak with your insurance company and the other party’s insurance company to determine who is responsible for covering any wages that you may lose while you are recovering. Also, your attorney will be able to speak with your place of work, notifying them of the extent of your injuries and the laws that protect injured workers.

 

When is the Right Time to File for Bankruptcy?

Bankruptcy can be a difficult subject to talk about. Wondering if and when you should file for bankruptcy is a hard choice to make. Talking with the bankruptcy attorneys at Robinson, Seiler & Anderson in Provo can help you to get a better idea when it comes to your situation and if it is the right time to file for bankruptcy. Listed below are some steps to take to help you decide if now is the right time.

 

Asses your Financial Situation

To help you in deciding if now is the right time to start the bankruptcy process we have provided some questions you need to ask yourself below.

·         Do you only make minimum payments on your credit cards?

·         Are bill collectors calling you?

·         Does the thought of sorting out your finances make you feel scared or out of control?

·         Do you use credit cards to pay for necessities?

·         Are you considering debt consolidation?

·         Are you unsure how much you actually owe?

If you have answered yes to two or more of the questions above then you really need to reevaluate your financial situation. If you owe more money than you can actually afford to pay off then bankruptcy might be your answer. If the value of your assets is less than the amount of debt you owe, declaring bankruptcy may be one way out of a sticky financial situation. However, bankruptcy shouldn't be approached casually. After all, it's not a simple, easy cure-all for out-of-control debt.

 

How to Declare for Bankruptcy

You can go bankrupt in one of two main ways. The more common route is to voluntarily file for bankruptcy. The second way is for creditors to ask the court to order a person bankrupt. There are several ways to file bankruptcy, each with pros and cons. You may want to consult a bankruptcy attorney at Robinson, Seiler & Anderson in Provo before proceeding so you can figure out the best fit for your circumstances.

 

If you feel like now is the right time to file for bankruptcy make sure you schedule a consultation with the bankruptcy attorneys at Robinson, Seiler & Anderson in Provo as soon as possible. Stop by our office or check out our website for more information.

View Our Testimonials Announcement

Norman H. Jackson, Utah Court of Appeals Judge, Retired, has joined the law firm of Robinson, Seiler & Anderson, LC, effective April 2017.  Judge Jackson was one of the seven founding Judges of the Utah Court of Appeals and served terms as Presiding and Associate Presiding Judge.
 
Judge Jackson was the senior attorney in a Richfield law firm for eighteen years.  The firm engaged in legal, business and tax cases, including practice before State and Federal Courts, U.S. Board of Land Appeals, Utah Public Service Commission and Arizona Corporation Commission.  Clients included counties, cities, banks department stores, communications and credit associations, irrigation companies, auto dealers, building supply stores, farmers, ranchers and small businesses. They took “every type of case that came through the door,” from criminal defense work to a patent royalty dispute for the inventor of the Frisbee. Judge Jackson has been a lifetime rancher doing business in Utah as Jackson Cattle Company and Arizona as EJ Cattle Ranches.
 
Judge Jackson’s professional service includes terms on the Utah State Bar Commission, Bar Foundation (President and Vice President), Air Travel Commission, and Utah Information Technology Commission.  He served on the Judiciary’s Alternate Dispute Resolution Committee for thirteen years and initiated and supervised the Appellate Court Mediation Office.  He developed and advanced a realistic and workable framework for both of Utah’s Appellate Courts to use in reviewing trial court and administrative agency decisions.  He published three editions of Utah Standards of Appellate Review while participating in more than 2,000 appellate court decisions.  
 
Judge Jackson’s experience will complement the other outstanding lawyers at Robinson, Seiler & Anderson, LC.  The firm will continue its representation of injured individuals, as well as clients in real estate, business, estate planning, tax, contract and education matters.
 

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