The Brogue Hog

Monthly Archive

January 2009

January 30, 2009

Lemon Law Basics

Filed under: The Lawyers Way — @ 6:11 pm

Lemon laws are laws to protect consumers who purchase defective automobiles. For example, if you buy a new or used car and then find out the car has a serious problem that is not fixable, the manufacturers is requested by lemon law to buy back or replace the defective vehicle if the defect can not be repaired within a certain number o attempts or within a certain time frame.

Generally speaking, cars and trucks are covered by lemon laws in most states, while some states’ lemon laws cover motorcycles and motor homes as well. Also, the exact criteria for what falls under a lemon law differ from state to state. Most lemon laws define a lemon as a new vehicle with condition or defect that substantially impairs the value or use of the vehicle and which has not been repaired after a reasonable number of attempts.

If you are a victim of a lemon law violation, you should first try settling the matter with the manufacturer. Talk to the manufacturer about your situation and see if the manufacture is willing to offer a reasonable settlement. If you can’t reach a satisfying settlement with the manufacturer, you can work with an attorney and take the case to court. Make sure you have enough documents to prove your vehicle falls under the lemon law.

About the Author

John Lee is an Internet writer who has written articles for a number of Internet columns and websites, such as Attorney Help ( http://www.attorneyhelp.org ) and Notary Public Guide ( http://www.notarypublicguide.com ), etc.

January 26, 2009

Asset Protection And Fraudulent Transfer

Filed under: The Lawyers Way — @ 7:24 pm

According to information provided by http://www.plan-my-estate.com an estate planning and asset protection resource web site, a Fraudulent Transfer aka Fraudulent Conveyance is a transfer which a debtor makes for the purpose of defeating a creditor’s collection efforts against the debtor. This typically happens when, say, a debtor attempts to “sell” everything to his wife, cousin or business partner for $5 to keep his stuff out of the hands of his creditors. If the court figures out that the transaction is a sham to defeat the creditor, the court will set aside the transaction and make the person holding the assets give them to the creditor. Basically, Fraudulent Transfer Law is this: You can’t do anything which would impair the rights of your unsecured creditors, if you do then the courts will simply ignore what you have done.

There are thousands of individuals and companies that, through e:mails or via internet web sites, offer to help you protect your assets from creditors, ex spouses and or taxing authorities. Many of these individuals and businesses help you protect your assets by having you take actions that can or will put you in violation of the Uniform Fraudulent Transfer Act. This could, in the long run, not only end up causing you to lose the assets that you were trying to protect but also cost you additional money in court costs, attorney’s fees or collection costs. Additionally, if you had a family member or friend help you, he or she could end up in court or having his or her credit harmed by having a judgment entered against him or her.

Many of these asset protection schemes involve transfering assets to someone you trust, a spouse, other family member, friend or a business that you form. As far as I can determin, if the creditor can prove that the transfer was done in order to avoid creditors, then under the Uniform Fraudulent Transfer Act the creditor has several remedies depending on the circumstances. These remedies can include causing a judgment to be entered against both you and the transferee, causing the property transfered to be attached or levied upon or causing a lein to be placed against the property. There are other remedies set by statute. The one thing that all of these remedies have in common is that you, the transferee or both of you could be held liable for the costs of obtaining and enforcing the remedy.

Note: Another thing to think about. Over the years I have been involved in numerous asset search and recovery matters where the person
that the bank account, collectibles, stocks, bonds, real estate or other assets were transfered to ended up closing out, selling or otherwise transfering or encumbering the assets, leaving the original owner with nothing. No matter how much you trust someone today you never know what the future will bring.

Other services offer to set up a revocable living trust. They state that the assets then will belong to the trust and be protected from your creditors. As any competent attorney will advise you, this theory is completely false. Since the assets placed in the trust are yours and since you control the trust then you and the trust are the same thing and a creditor can go after any assets placed in the trust. While a revocable living trust may not be a fraudulent transfer, neither is it a way to protect your assets from creditors.

I am not saying that all asset protection companies are worthless or might get you into trouble. I assume that there are some excellent and knowledgeable asset protection companies out there. I just would feel safer getting advice directly from an attorney.

The best way to find out if your assets can be protected and if protecting them is worth the cost is to seek the advice of an attorney who specializes is asset protection, debt collection, estate planning or, in certain cases, bankruptcy law. In some cases the attorney will provide a free or low cost consultation.

Note: I am not an attorney and none of the foregoing should be construed as legal advice. This article is written strictly as my opinion based on life experiences through both my personal life and my work as a private investigator dealing with attorneys in asset search and recovery matters. As in all matters of law you should always consult an attorney before taking on any legal endeavor.

David G. Hallstrom, Sr. is a retired private investigator and currently publishes several internet directories including www.resourcesforattorneys.com a legal and lifestyle resources directory for attorneys, lawyers and the internet public.

January 25, 2009

Federal Criminal Records

Filed under: The Lawyers Way — @ 9:46 am

There are criminal records available at the federal level that are not available at county and state levels. These records include crimes relating to drugs, immigration, fraud, and weapons charges. We can access these records within 24 hours. The federal court system is an entirely separate court system from the state court system, but there is a great deal of overlapping between these two court systems.

In the USA, there is a good source of all these federal criminal compiled records at the national level called the NCIC (National Crime Information Center) whose reports are prepared by the FBI or legitimate law enforcement officials. The NCIC is the computerized index of criminal justice information that is available to all criminal justice agencies. The purpose of the NCIC system is to provide a computerized database for ready access by criminal justice agencies for making an inquiry about an individual and for prompt disclosure of information in the system from other criminal justice agencies about crimes and criminals. The NCIC is operational 24 hours a day and 365 days a year. The data contained in NCIC system is provided by all the federal, state, local, and foreign criminal justice agencies and other authorized courts. The public records provider has no accessibility of the records provided by NCIC.

Usually, private citizens and firms may not have any access to federal criminal records. Most US District Courts provide access to criminal records via online federal court docket system, but the information included is limited. The online docket system does not contain identification information of defendants. Therefore additional online search is needed for having the full spectrum of the record.

Before appointing new employees, every firm conducts a criminal check about them either through online or offline sources. Most companies are concerned about the records maintained by state level courts. However depending upon the position involved, employers may also want to have a federal criminal check on the potential candidates. For this purpose firms will mostly depend on the Internet for a comprehensive criminal check.

Criminal Records provides detailed information about criminal records, criminal records online, and more. Criminal Records is affiliated with Bail Bond Agents.

January 24, 2009

What is a K1 Visa?

Filed under: The Lawyers Way — @ 2:27 am

The United States immigration term for a fiancée visa is the K1 visa. This intended purpose of this is to allow United States citizens to bring in people form foreign countries that they want to marry. This is so that these people will be allowed into the country permanently while they are married to the citizen.

Before the K1 visa was introduced, a citizen could bring their loved one or fiancée into the country and marry them as long as they married in his or her foreign country. After they would marry, they would then apply for the spousal visa. The real problem with this was that the spousal visa did not give the foreign fiancée any time to adjust to the United States.

Getting married and moving to any country is a huge change for anyone. Getting married alone is a bit adjustment for anyone. Add moving to a foreign land that you have never been to before and it may be nightmare. It is hard to move to an area that maybe speaks a different language, has different cultures and a complete whole new way of life. It is hard for anyone to adjust to this type of change. That is why the K1 Visa came into place.

One other problem with the spousal visa was that the number of people applying for it was continuously growing and it was taking longer and longer for anyone to obtain it. This was making it very difficult for men and women to be together and to get started on their new life together. The K1 Visa helped to eliminate this type of problem and it made it possible for couples to get together faster.

The K1 visa make it possible for the fiancée to enter the United States and have up to ninety days to marry the American citizen fiancée. If they are married within the ninety days, the foreign person can stay in the United States forever. If they decide that they do not want to marry, the person would have to leave the United States before the expiration of the K1 visa. This would help the fiancée decide if they are ready for such a change or if they want to go back to their original home.

Since the invention of the K1 Visa, there have also been some major problems. There are some foreign persons that wish to obtain a United States citizenship and use another person to get in. They will marry only to get into the country and not for the usual reasons that most people get married for. This K1 Visa has also caused an open door for a lot of immigration fraud. When this is the case, the United States immigration laws step in and the matters are desperately investigated to get to the facts.

Agust Hauksson is a regular contributor of articles to many online publications. Find more great information at: http://www.k-1visa.biz/

January 22, 2009

10 Quick Tips on Mosquito Control

Filed under: Hall Of Recreation — @ 7:27 pm

Here are some mosquito control tips that you may find useful.

1. First, wear clothing that covers most of your body, if the temperature permit.

2. Do not allow food, trash, decaying wood, etc. to remain in or on your property. Empty watering cans, remove old tires and cover rain barrels to prevent mosquitoes from breeding.

3. Cover or seal trash tightly. Garbage can lids should be kept closed and secured.

4. Prevent mosquitoes from entering your home by ensuring that all your window screens are intact.

5. If you have a pond in your garden, stock it with some fish that will eat the mosquito larvae.

6. Keep all areas where food is prepared, stored, and served clean and free of crumbs and grease.

7. Cut back shrubs and vines that touch or overhang your property.

8. Many communities conduct large-scale spraying of pesticides containing mallothione to control mosquito populations during the spring and summer, especially in attempts to reduce the spread of West Nile encephalitis. Note that Adulticiding and Fogging (external repellants) fend off adult mosquitoes FOR A SHORT PERIOD OF TIME ONLY. They are only effective if you’re going to host a picnic or some other outdoor event the next day. Do not expect lasting effect.

9. Protect yourself and others from contact with any DEET pesticide (DEET is a toxic element commonly found in repellants).

10.Several natural or man-made products are gaining popularity as mosquito repellents. Citronella oil, a product of several types of trees, can be made in to candles or burned directly, is an effective mosquito repellent in high concentrations. It is also a myth that ultraviolet lights (like those in bug zappers) and ultrasonic devices are ineffective to get rid of mosquitoes.

Want to get a natural, high quality and long-lasting mosquito repellent? Go to http://www.anti-moz.com to protect yourself from mosquito bites without harmful chemicals or messy, oily repellent on your skin!

January 20, 2009

Beginners Advice on the subject of Television Stands

Filed under: Hall Of Hardware — @ 7:00 pm

When you are aspiring to purchase a new telly, one of the crucial decisions that you need to make, especially if you have young children, is if you require to wall-mount you’re television, house it in a living room cabinet or on a telly stand.

If you decide you wish to lay your television on a TV stand, it’s sensible buying your stand at the exact time as you purchase your brand new television so that you are capable to set it up once it gets there.

Countless makes of TVs come with a stand included, although if you’ve selected TV isn’t one of these that do, then you will have to make a decision whether or not you want to pay for a stand purposely created for your telly or a general TV stand that is totally intended to suit any kind of television. Compare, Review and Buy TV Stands at Digital Direct.

If you choose a stand chiefly created by your TV’s company, you will need to ensure that you have the model number of your particular telly nearby when you are looking for the stand to go with it.

In addition, there are also numerous makes of television stands on the market for sale, hence you will need to choose whether you need a ground stand, a platform stand or just a desk-top stand. You might wish to pay for what is recognised as an “open cabinet”. Open cabinets are TV stands which, unlike the normal furniture television cabinets, consist of open shelves in order you can store your computer games while still being able to get clear access to the wires and the back of the telly when you want.

Acquiring the appropriate cabinet to suit your set-up can be exceptionally challenging, definitely considering the amount of models in the market nowadays. To aid you in making the best decision there is a significant number of guides available at this time.

When you purchase a TV or home cinema system, you might also need some accessories to go with it. There is a considerable mixture of television accessories to be had presently such as; remote controls, telly stands, television cabinets, wall-mounted fixings & telly cables.

Letters from North America

Filed under: Entertaining You — @ 5:59 am

I tend to think of this weekly column as carrying a certain amount of responsibility to keep you, the loyal reader informed of certain points of interest as they become available, no matter where in the world they occur. To me, it’s a sacred trust and one that I do not take lightly. It’s a heavy burden to voluntarily place upon one’s self, this universal omnibudsman role for the benefit of those unfortunates in our country who might otherwise remain in the dark about vital information that certainly affects each and every one of us. A case in point is this one which I happened to stumble upon while conducting my weekly research for your enlightenment.

The University of Georgia has just completed a long and through study which shows conclusively that rats exposed to marijuana lose their sense of perception. Yes, these dedicated scientists, working feverishly, working long and arduous hours in cramped conditions have proved once and for all that when rats are exposed to an injection of synthetic marijuana they become (are you ready for this?) DOPEY.

This experiment was conducted in the strictest of environments by using two different sounds. If the short sound was heard, the rats had to press the lever on the right to receive a pellet of food. If the long sound was heard by our furry inmates, they soon learned to press the lever on the left. Short sound, right lever. Long sound, left lever. Got it? Good. You can be assured you would have been fed. The rats did fine under this arrangement.

And then, guess what? Yes, dear reader the good old US Government stepped in and authorized a study to find out if the behavior of these little animals would be altered in any way if they were stoned. And what do you think they found?

That’s right boys and girls. The little mice just went bonkers and didn’t care at all about which lever they pressed when the horns went off. Except when they got the munchies. Can you imagine that? They pressed the right lever when the long sound was made and the left lever when the short sound was made. Isn’t that the most amazing thing you’ve ever heard? Once they were smashed out of their little gourds they didn’t care if they ate or not. They got confused. Happy, but confused, nevertheless.

The point of all of this was to determine if animals have a sense of time. Obviously any animal (human or rodent) stoned on grass loses track of time and cannot concentrate. Not that rats and mice have to be anywhere at some specific time anyway, but I suppose it’s good to know they couldn’t be relied upon in the event we needed them for some important national security issue or something. One of the researchers was quoted as saying “We and other animals have a sense of time. We can judge how long we have been waiting for a bus, for example, and decide that the current wait is longer or shorter than usual.” He went on to say…”The marijuana-like substance dramatically altered the ability of the rats to maintain sustained attention. The implication is clear, that marijuana smokers shouldn’t drive after smoking.”

He didn’t elaborate on who should or shouldn’t drive. Rats or us? I’m also confused about the bus part. I haven’t taken a bus in quite a long time, so I can’t tell you from first hand experience, but have rats taken to riding the Metro in parts of this country?

Boy, am I glad we spent a ton of taxpayer bucks to make a study of this magnitude. Not to be cynical, but I wonder what happens to those rats if you make them chug down, say four or five vodka martinis? They probably need to call a taxi. Friends don’t let rats drive, do they? I’m looking into the possibilities of a federal grant to study the effects of obesity in ferrets if they eat forty hot dogs a day for a month. I’ll keep you posted on my progress.

I was born at a very early age. I arrived in this world with very little. It was during the war and according to my parents, names were being rationed out. My Mom was kind of slow and she couldn’t run very fast. I guess by the time she got down to the Federal Bureau of Names, all of the Johns, Jims, and Davids were gone.

So, according to what I’ve been told…she just settled on two names that were the same, but weren’t. As in Peary Perry.

January 19, 2009

Corporate Records - Shareholder Inspections

Filed under: The Lawyers Way — @ 3:17 am

You’re conducting business as a corporation and various shareholders have kicked in investment money. Can shareholder inspections of corporate records occur?

Emotional Attachment

With small businesses, emotions can run high. Typically, a person has a great business idea, but need investors to create a pool of cash to get the business going. In such situations, the person has an emotional attachment to the business and thinks it is “theirs.” After all, if it is my great idea, I should control it. This understandable attitude can lead to problems.

When you form a corporation and take on investors, you must be ready to let your baby go. The corporate entity is now the owner of the idea, which means all shareholders have a say in how things are run. The fact that you were the one that came up with the idea is absolutely irrelevant. If this sounds unfair, you may want to consider other ways to raise money instead of selling shares in the entity.

Corporate Records

A corporate entity, including a limited liability company, is a separate “person” for legal purposes. This legal fiction creates a liability shield between the business and your personal assets. However, this also requires the corporation to keep records such as board resolutions, bylaws, articles of incorporation, balance sheets and so on. These corporate records should create a time line and snapshot of the corporate business for each fiscal year.

Shareholder Inspections

In every state, shareholders have a right to inspect the records of a corporation. The scope of the inspection depends upon the particular laws of each state, but typically covers all records in the corporate books, balance sheets and even tax returns. The shareholder must typically make a written request to see the records three to five days prior to the date in question. The lawyer and accountant of the shareholder can also view the records.

Most people react badly to shareholder inspection requests. Upon receiving a request, most will assume a lawsuit is coming and get combative. This, of course, leads to a refusal of the inspection request. Such emotional refusals are a huge mistake and violate the laws of practically every state. Shareholders have the right to inspect corporate records and you cannot deny their request.

If a shareholder seeks to inspect corporate records, you can take a few steps. First, call the corporate attorney and get advice. Second, the corporate attorney may want to be present to make sure only the legally required records are disclosed. This tactic is highly dependent on the laws of each state and involves complex strategy decisions. Regardless, the best option is to immediately contact the corporate attorney and find out your options.

If you obtain money from investors to pursue your business idea, you must understand that it is no longer “yours.” To this end, shareholders have the right to inspect the records of the business.

Richard A. Chapo is a San Diego business lawyer with www.sandiegobusinesslawfirm.com - a San Diego business law firm in San Diego, California.

January 18, 2009

Best Price Cruises - A Few Simple Steps To Booking Cruise Travel Deals Online

Filed under: Online Media — @ 7:35 pm

To find the best price cruises online and booking them with confidence, you need to understand a few things about how the cruising industry comes up with their lowest price, and follow a few simple steps that the travel professionals at your local agencies don’t want to you know!

The fact remains that over 90% of cruise reservations are done through a travel agent, and you’re not only at the mercy of their service fees, but also to the prices they charge for a particular cruise and sailing. So why do so many individuals go through this booking avenue, when they know the deals are far better online, and they have access to a computer and the Internet?

The answers simple! The cruise industry believes that customers new and seasoned may not truly understand the cruise ships industry language, or feel comfortable booking online! They put their dependency on many travel professionals to interpret the cruising lingo that is the integral part of the cruise booking process.

However, if you take the time to learn and understand the cruise lines language such as guaranteed staterooms, singles supplement, or run-of-the-ship, you should have no worries booking your next vacation cruise online, and start taking advantage of all the fantastic savings!

Booking Cruise Travel Over The Internet Is Simple and Easier Than You Think!

When you’re searching the Internet to find a cruise special, keep in mind that if you go direct to the main cruise lines site, such as Royal Caribbean, Carnival, or Princess, you may end up paying a higher cabin price than the online cruise discounters, even though they may be showing reduced cabin prices on their sites.

In order to get the best discounts, you should source large vacation suppliers such as Travelocity, Expedia, or exclusive cruise booking sites like CruiseDirect.com, which specialize in selling cruises, and offer a unique booking engine that can quickly put together your cruise package in minutes.

Why go through these online cruise specialists, and travel suppliers?

Even though the cruise lines want to deal with you directly, they also need to keep a solid business relationship with their travel agencies that are currently booking a majority of cruises for them though their local offices and online vacation websites.

With online travel suppliers and Internet cruise company’s, they deal with the cruise lines a little differently, and they either pre-purchase cabins at a very low discounted price, or they’re large enough to be directly linked to the cruiselines inventory database system. They are also capable of receiving live updated stateroom information daily, and in most cases hourly! With this powerful online system, they can take these updated cabin inventory deals, and pass them directly to the consumer, which offers you the consumer far deeper discounted savings!

What this means to you, is that once you understand what these suppliers are offering, you will have a better chance of reserving your favourite cruise in minutes and take advantage of the incredible discounts that could easily range from 20% - 60%, depending on the seasonality, type of itinerary, and actual cruise ship you book.

Just make sure that before you make any reservations online, that if you have any doubts, or understanding what your booking, contact the customer service departments via their toll-free numbers, or the cruise lines email, and they will be more than happy to answer any questions you may have prior to booking your next cruise vacation.

William Lezubski is a professional in the Travel Industry and is the owner and author of “Discount Caribbean Vacations Web Site” at www.discount-caribbean-vacations.com A quality source of top Caribbean Cruise information at your fingertips! If you’re looking to go on a cruise to the Caribbean, or plan an All-Inclusive Island vacation, you will find great information on our Caribbean site.

January 16, 2009

Find Cheap Sportswear Supplies on the World Wide Web

Filed under: Hall Of Recreation, Shopping Info, Sports Info — @ 4:55 pm

Sporting equipment has a sizeable industry today as a result of how global an effect sports has on the planet. Individuals get sportswear items of all varieties including sportswear apparel, team apparel and sportswear gear. The ideal way to narrow down where to search for your sporting gear is to determine what you are desire. Buy camping equipment online and at discounted prices at Sportswear-Equipment.com today.

The Web is the most convenient place to search for the products you would like. You can locate a surplus of amazing sportswear retail shops on the Internet that buy and sell anything and everything linked to sports. Although you do have to pay for delivery & wait for your equipment to be sent to you, the selection you will have will be far bigger than those in the proper retail shops.

So where do you even commence looking you might say. If you want sports kit, there are a range of nationwide sports shops that offer a range of sporting gear. These stores are fitting as you can find equipment for all types of sports in one central place as well as footwear, sports clothes, outdoor apparel and golf goods.

The downside to acquiring sports supplies at a normal retail shop like these is that you may not obtain the highest quality stuff on the market at the moment. Indeed you can find quality gear, just not always the top of the line. In order to purchase the top of the line sportswear supplies you will want to go to a retail store that explicitly sells what you are fancy If you demand football equipment, then go to a store that focuses on football. If you demand a precise baseball bat, visiting to a baseball only shop will provide you a greater chance of getting it.

A further kind of sporting merchandise that brings in lots of interest is team sporting supplies. The ideal way to reveal you obsession for your beloved football team or golf team is to sport their clothes. Whether you want a team’s socks or a favourite athlete’s jersey, there are oodles of retail stores on the Web and high-street stores you can visit to find what you are looking for. One of the best outlets for sportswear goods on the Web is Sportswear-Equipment.com.

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