FAQ

1.What is a retainer agreement?

A new retainer agreement (sometimes called an engagement letter) is a contract between you and your lawyer. It usually will say:
• how much the legal professional will probably charge;
• whether it is an hourly rate, a contingency fee, a flat fee, or a lawful fee;
• who can pay for costs such as the courtroom filing fees, sheriff’s service fees, deposition fees, long distance calls, and photocopy expenses;
• what is expected of you; and
• what you could expect from the attorney
A retainer agreement or engagement letter covers all these things and more. A written agreement benefits you and your attorney because it preserves the details that folks may overlook over time.

2.What is bankruptcy?

Personal bankruptcy is a uniform, government court-supervised procedure to alleviate individuals and businesses from debts, while protecting and preserving the rights of secured creditors and providing unsecured creditors with equivalent treatment of their claims. There are four types of bankruptcy that individuals may select, depending on their particular financial circumstances. Most individuals file under Chapter 7 of the Bankruptcy Code (the Code), sometimes known as “straight” or “liquidation” bankruptcy. Part 11 is available to individuals, normally is utilized by corporations to reorganize their business affairs. Chapter 13 is suitable for use by farmers. Chapter 13, also referred to as a “wage-earner” or “debt-adjustment” plan, is available to individuals and unincorporated businesses that intend to use future income to pay some or all of one’s financial obligations in accordance with a plan designed by the individual (within certain statutory limitations) to meet his or the woman needs.

3.How long does it take to get a divorce?

Except if the court makes an exception for an emergency, at least four months (120 days) must pass between the serving of the initial papers and the final hearing. Most divorces take longer than four months. Several factors influence the length of the process: the complexity of the watch case, the ability of the spouses to agree on the issues, and the amount of other business before the demo court. A divorce is not effective until the last hearing. Once the breakup is final, both people must wait at minimum six months before marrying other people.

4.How often can a landlord inspect a property?

The landlord can enter at reasonable times to inspect the premises, make repairs, or demonstrate premises to possible tenants. The landlord usually must give 12 hours notice before entry, except if immediate entry is essential to preserve or protect the premises, such as in case of a open fire or a burst water pipe. If the homeowner gives the required notice, the tenant can’t reject entry. Any other admittance by the owner may be trespassing.

5.How to collect when you win a lawsuit?

If you win your case, you’re entitled to the money or property the judge decides is due you, plus out-of-pocket expenses such as the fees discussed before. If you win a money judgment, the judge will order the defendant to fill out a financial disclosure form and mail or deliver it to you or the clerk of court. The defendant must list his or her residence, employers and their addresses, financial institutions where he or she has funds on deposit, real estate owned, automobiles, cash on hand, and other assets or sources of income. The completed form must be sent to you or the clerk, or the judgment paid, within 15 days from the date the judgment is entered. If the defendant doesn’t pay, you have several options. You may docket the judgment at the courthouse by paying a $5 fee. The docketed judgment then acts as a lien on the defendant’s real estate. You also may start a garnishment action to obtain a portion of the defendant’s earnings or bank deposits, subject to the earnings and bank deposit exemption statutes. If the defendant fails to file the required financial disclosure form, you can ask the court to hold the defendant in contempt. To preserve your right to enforce the judgment, a party should always docket the judgment in the county in which the judgment was taken and file a transcript of the judgment in any other county in which the losing party has, or may have, real estate.

 

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