Statement of Claim: What is the next step after a Letter of Demand?
If you have sent a letter of demand requesting payment of your debt and it is ignored, you need to take the formal step of filing your claim in your local court. This is called filing a statement of claim.
Although this is a legal claim, a lawyer is not needed to file or assist in making your claim with the court. Forms to commence the claim can be found on your local court website and the filing fees are listed. You will require evidence to prove your debt as you would have included in your letter of demand. In addition, you will need to be able show evidence that you have actually sent the letter of demand as well as proof that it was received. The court wants to ensure you have first made a genuine attempt to resolve your debt issue out of court rather than using the court process and time to address your debt issues. They will also not look favourably at your debtor who did not bother responding to your letter of demand resulting in your formal claim involving the court system.
Once your statement of claim is filed, it will then need to be served on the debtor. The easiest and most common method of service is to pay a small fee for the court to post this for you. A statement of claim cannot be considered to be validly served if you try post it, even if this is done by registered post. Only the court may post the claim for valid service. You may also choose to hire a process server to serve the claim on the debtor.
After the statement of claim has been served on the debtor, they will have 28 days to file a response with the court. They may choose to acknowledge the debt owed, acknowledge part of the debt or they may file a defence stating they do not believe they owe all or part of the debt. They may even choose not to respond which will mean the court will enter a default judgment against the debtor and in your favour.
It is also possible that the debtor may attempt to contact you to settle the debt owed rather than respond through the court system. If this happens and you come to an agreement with the debtor, you should ensure that this agreement is in writing. You should also ensure that this written agreement is lodged and formally filed in court. It must be lodged with the court to obtain a formal consent judgment and ensure it can be enforced on the record in the event the debtor subsequently decides not to make payment. The court may enforce this payment by garnishing the debtor’s wages, forcing sale of assets or even through a jail sentence.
In any event, once you file a statement of claim with the court to enforce your debt, the debtor will be required to satisfy the debt in some form.
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After an Road Traffic Accident you Help from Accident Claims Solicitors
Accidents happen – fact. Some may be avoidable, while others are completely out of your control, like the time I was hit by a continental lorry while driving home from work. I won’t bore you in the nitty-gritty, but what I will tell you about is the claims that I made, well the solicitors made on my behalf.
I wasn’t out to earn thousands of pounds, all I wanted was to be reimbursed for the wages I lost, along with the cost of seeking medical attention from a Chiropractor to help sort my neck and back out.
What amazed me was the swiftness of the solicitors, once I made a claim for my car, which was sadly written-off by the insurers (which broke my heart as I’d only had the car nine days!) the insurance company asked me if I had suffered any loss of earnings. ‘Yes’ I replied and without further ado they put me in contact with a firm of lawyers who represented people like myself who had suffered financial loss due to a no-fault accident.
Because the case wasn’t complicated the whole paper filling-in part was straightforward. I also found out that my type of side-swipe accident was becoming one of the most common type of accidents due to the left-hand blind spot on continental lorries. I was also amazed that there are standard rates of compensation for road traffic accidents, with whip-lash being top of the list, for which had a prescribed amount of compensation which would be paid out. The list wasn’t exhaustive but it did show that accident compensation had become a very pertinent part of our lives, whether we agree with it or not.
It just goes to show that it isn’t always me and although I was a road traffic accident statistic, fortunately I fully recovered my health after three months and was able to return to work; although I have to say I tried very hard to steer (quite literally) away from large left-hand drive lorries for a couple of weeks until my confidence returned.
Accident compensation isn’t always as straightforward as my experience, sometimes it can become complicated and that’s when you need to call on the services of accident claims solicitors. These men and women have the expertise and experience needed to get you the compensation you deserve; and if you’re like me all you want is justice and the ability to make a claim for reimbursement for money you have ‘lost’ due to accidental injury.
With many people snubbing the concept of accident compensation, believing that we’re quickly becoming a country were blame is the norm, for those of us who have suffered – believe me it isn’t very pleasant being strapped motionless to a stretcher and being winched out of a crumpled car – we are only asking for what is rightfully ours, along with faith in the judicial system which has been put in place to help protect innocent victims who were just paying attention to their driving when the unexpected happen out of the blue.
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The Most Common Estate Planning Mistakes That People Make
Estate planning is all about deciding where your plans will go when you pass away. When the matter relates to Estate planning, it has often been found that people commit good deal of mistakes. This mainly happens when one doesn’t plan diligently or fails to take the expert assistance of Estate planning Attorney. Well, if you live in Pasadena, you need to be bit careful enough before planning or appointing a qualified estate planning attorney in Pasadena else there is always a chance of landing up in trouble or immense financial losses. Mind you a single mistake can cost you heavy, resulting in part of you estate being unjustly taxed and properties being handed over to wrong beneficiaries against your wishes. So, let’s have a glimpse at some of the most common estate planning mistakes that people commit unknowingly or knowingly.
Lack of proper planning
One of most common mistakes individuals make when it comes to their estate planning is that they run short of adequate plans. Actually, many people think that their loved ones or beneficiaries will be able to carry out their wishes for them easily when they will die. But in reality this is not so. If anybody in Pasadena dies without a will, state law will determine the status of his possessions and will take the decision by itself. This simply leads to discontentment and utter confusion all together.
Never forget to review or update your plan
The other notable mistake is the failure to review or update your plan whenever necessary. It is always a good idea to stay conscious of the updated or current tax laws as changes in the law might hamper your estate planning strategy. An estate planning attorney in Pasadena can help you in this regard ensuring that you go a long way in a safe manner.
Choose your Beneficiaries Right
Your beneficiaries are those persons who will succeed to your estate whenever you pass away. It is important that you consider the name of beneficiaries bit smartly and carefully. Choose the right individuals for the estate you will be leaving behind. Normally, what we see is that the beneficiaries are mostly children or spouses. So, if you wish to have more control over the estate post death, it is important to set up a Trust for your beneficiaries which would help them in leading a safe and secure future.
Select the right Agent
People often commit great mistakes by selecting wrong and incompetent agent. It is always necessary to select an agent who knows you and your wishes well. The agent must have a good understanding of his or her role in the estate related matters and must extend his or helpful hands, in doing the needful.
Updating Trusts while moving
If you stay in Pasadena and plan move to a new state, it is necessary to inform your trust, if you find the laws bit different. For example, a few laws approve a Joint Revocable Living Trust plan for couples who are married, while one the other hand, common law property asks for another plan. You also have to change powers of attorney and other documents if needed while you relocate. So, here you have to find a proper Estate planning attorney Pasadena who will make sure that your trust is as it ought to be for the new state.
So, the next time you sit for estate planning make sure you get accustomed to the above mentioned common mistakes, since this will help you get rid of the estate related troubles.
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