If you’ve been injured, arrested, or sued, you’re probably wondering how much it would cost to hire a lawyer. Or you might not even TRY to hire a lawyer because you just assume that it’s too expensive, or that you could probably get by on your own.  This is, unfortunately, all too common.  In fact, a lot of people who DO hire lawyers have learned their lesson by getting burned the first time. 

The good news is  this – many attorneys offer free consultations.  So, there is no reason, other than a bit of your time, to meet with a lawyer and let them tell you how they could help you.  Also, most personal injury attorneys work on what’s called a ‘contingency fee basis.”  This means you don’t have to have a lot of money to hire a lawyer.  The lawyer will not charge you legal fees upfront, but will take his or her fees out of whatever settlement or award you receive.  Usually, the attorney takes a percentage of the recovery.  And.. if you loose the case, then the attorney doesn’t get a fee either.  Although, keep in mind the costs incurred for the lawsuit are ordinarily the client’s responsibility, either way it turns out. 

Or, another way to think about it is this… what would it cost you NOT to hire a lawyer?  What consequences could you suffer by not having proper legal advice or representation?  While in minor cases, you might be able to successfully resolve the matter yourself, for cases in which anything valuable is at stake (your freedom, your health, your money, your pain and suffering), the consequences of not hiring a lawyer could be devastating. 

Take the example of a debt collections case.  Many people don’t hire a lawyer because they figure they’re already in debt, how much worse could a lawsuit really make it?  Trust me, it can be worse.  Having a judgment for a debt owned and unpaid is another negative on your credit report.  Also, that creditor may have been willing to negotiate if you got a lawyer involved, because a lawyer knows better how to deal with creditors and what risks they take in pursuing a collection against you. 

Another example – getting arrested.  Too often, those charged with crimes try to go it alone, thinking they’ll figure it out as they go along.  Wrong!  Getting a lawyer involved as early in the process is crucial to protecting your rights. Law enforcement, including the prosecuting attorney, are highly skilled at getting criminal defendants to talk.  Most times, you unwittingly say something that ruins your chances of getting a plea deal.  If you have an attorney speak for you, that won’t happen.  Also, an attorney may even be able to get the case dropped or the charges reduced early on… making everything else easier for you. 

Finally, if you’ve been in an accident, most times it is not in your best interest to talk to that nice insurance adjuster.  Their job is to make you think the settlement they offer you is a “good deal”… but the insurance adjuster, no matter how nice they seem, is looking out for the insurance company’s best interest – not yours.  Only an attorney would know what a “good deal” is under the law given your situation. 
 So, please, if you’ve suffered an injury, are facing criminal charges, are involved in a lawsuit, or have any other legal matter pending, don’t possibly jeopardize your rights.   Contact an attorney and ask about an initial consultation.  Only make the decision NOT to hire a lawyer after you know what a lawyer can do for you. 

Good luck!

Are you facing a legal issue?  Have you been sued, or are you wondering about foreclosure?  Did you just have a medical procedure that didn’t turn out as you expected?  Is bankruptcy looming?  What about your family life – are you and your spouse considering divorce?  Do you need to update your will?  Has someone you love been arrested for a DUI? 

These are examples of only some of the most common legal issues.  The fact is we actually deal with the law more than most people think.  More importantly, when we face a legal issue, many of us might not know where to turn for answers.  The legal system can certainly be overwhelming – especially because the consequences are often so grave. 

Since 1994, LawInfo has been providing the public with quality legal resources they can count on.  The idea for the company even came out of the founder’s own legal needs!  How do you find the right attorney?  How do you know the attorneys you contact are in good standing with the state bar association?  What if you want to learn about a legal issue before you talk to a lawyer?  Well, these are the reasons LawInfo was established!  LawInfo has a whole library of information about the most common legal issues including answers to frequently asked questions, articles, legal guides, legal forms, and other information – ALL FREE TO THE PUBLIC!  The really great thing is this – you can also easily find an attorney who will understand your legal needs.  It’s all designed to help the public – help someone find answers they need and find an attorney who can help them. 

Learn more about LawInfo’s Free Legal Resource Center and Find the Right Attorney in your area today!

The power to tax is a right granted to Congress by the Sixteenth Amendment.  The ability of both regular people and government agencies to garnish a person’s wages requires due process through a court order.  The IRS is an active participant in garnishing delinquent taxpayers’ wages for back taxes and penalties.  But even the IRS cannot unilaterally attach a garnishment order.  A taxpayer may first dispute a tax deficiency notice in federal court.

In our court system winning a judgment and collecting on that judgment are two different steps. When someone is sued and the plaintiff wins the verdict only means that the defendant has been found liable for a certain amount of money.  The defendant usually is left to their own devices as to how they will pay.  If a defendant does not pay, a second court action must be taken to force the defendant to pay.  In this second action the judge will determine how the defendant will pay; either by placing a lien on property, ordering a foreclosure sale, or establishing a wage garnishment order. 

A wage garnishment order forces the defendant’s employer, the garnishee, to collect a set amount of money from the defendant’s paycheck and send that money directly to the plaintiff.  In this case that would be the federal government.

Sen. Clinton’s statement about funding health care via a wage garnishment makes it seem that she is not anticipating taking the first two steps most everyone else has to take to garnish wages, called “due process.” For citizens who choose not to pay her plan seems to be to immediately take the money out of their paychecks without any court order, which is what a tax is.  But she is not calling it a tax.

The Georgia couple who just won the $270 Million lottery seem to be the media favorite right now for the nicest couple to ever win the lottery!  With big lottery jackpots like this, many of us wonder just what it would be like to actually win the lottery….  Since this is a legal website, I started wondering about the legal aspects of winning the lottery.  Actually, there are many legal issues lottery winners must address at one point or another.  Know this – if you win the lottery, it is highly recommended you consult with an attorney prior to claiming the winning ticket so that the various legal issues can be addressed and winning the lottery can be a good thing …. and not turn into nightmare.  Some of the legal issues include the following: 

1.  What about privacy and the identity of lottery winners?  Most winners’ names are published in the media, which can translate into a loss of privacy previously enjoyed.  Some argue that the winners’ names should be published so that the public can be assured the state isn’t just keeping the money.  Others argue that the celebrity created by a lottery winning can have negative consequences on lottery winners in terms of unwanted publicity.  Depending on the circumstances, you may be able to protect your privacy by the way in which you choose to recieve the winnings.  For example, there may be legal entities that can be created to in an effort to help mask your identity and save you from a fifteen-minutes-of-fame-gone-wild situation. 

2.  What about taxes on the winnings?  Lottery winnings are considered taxable income.  Whether received as a lump-sum payment or in multiple annual payments, the winnings are taxed as received.  A trust may be a good option to hold the lottery winnings.  Some of the tax advantages of a trust may include avoiding probate of the lottery proceeds upon death of the winner and minimizing taxes on the estate. 

3.  How must lottery winnings be split if the ticket was purchased jointly or by a pool of individuals?  Many times lottery tickets are purchased with pooled funds from friends or colleagues.  Was there verbal agreement to share the winnings with another person?  Can that agreement be enforced under applicable state laws? (Some states prohibit contracts for gambling.)  If multiple individuals own the winning ticket, a partnership may be a good entity to form to receive the winnings on behalf of all of the partners, rather than one individual receiving the checks. 

4.  Must the winner share the winnings with a spouse or a live-in significant other?  Lottery money may be considered a marital property acquired during the marriage, particularly if the ticket was purchased with marital funds, and may be subject to division upon divorce.   Even if the parties are not married, but are significant-others who live together, share living expenses, and have a regular practice of buying lottery tickets each week, there may be a joint-right to the winnings.  Courts typically focus on the facts and circumstances surrounding the particular situation including the intent and understanding of the parties in order to ascertain the legal rights of the individuals. 

5.  Can the winner(s) gift some of the money to family and/or friends?   A lottery winner can make a gift of some of the lottery winnings up to the annual exclusion limit without incurring gift tax liability.  Making annual gifts in this fashion is a good way to share the winnings with family members and friends while mitigating the tax implications.  Gifts made to another person’s education or medical care may have favorable tax treatment as well.  Finally, gifts to charities can have certain attractive tax advantages for the lottery winner.

When a person wins the lottery, the advice and consultation of an experienced estate planning and tax attorney can be a huge advantage when dealing with the various legal and related issues.  Ideally, a lawyer should be consulted prior to claiming the lottery prize so that the appropriate legal mechanisms can be put in place to minimize the hassles that may otherwise be associated with collecting the winnings.   Use the attorney locator service on LawInfo’s home page to find an attorney in your area:   http://www.lawinfo.com/.

For more information see also:  Estate Planning, Asset Protection Attorneys, Taxation, Partnership, Find a Lawyer. 
 

IRS Publication 936 on “Home Interest Mortgage Deduction” sets forth what expenses a homeonwer can deduct from gross income.  Any interest paid on a loan secured by your home, including a primary home loan, a second mortgage, a line of credit, a home equity loan, or a mortgage for a second home is potentially deductible, if all the IRS conditions are met.   For many homeowners who took out home equity lines over the past few years, the home mortgage interest deduction may offer some tax relief from the financial burden of those loans at tax time. 

For folks who sold their homes when they were “upside down” in the mortgage (they owed more on the home than what they were able to sell the home for), the Mortgage Forgiveness Debt Relief Act of 2007 (the “Act”) may be another area of tax relief.  Previously, if a portion of a home loan was forgiven by a lender, the amount of the forgiveness would have been included as income on your tax return.  The Act amended the Internal Revenue Code to exclude the amount of the loan forgiveness on a principal residence from gross income, subject to certain limitations.  Another area of tax relief offered by the Act is an income deduction for premiums paid on mortgage insurance. 

Homeowners are generally encouraged to seek professional assistance when navigating the various deductions and other tax relief available for home expenses.