This is the third installment of our special, multipart series on production in paying quantities, recorded live at SMU Law School. If you missed the first two installments, they are available here (part one) and here (part two).
The divorce process can be a confusing and overwhelming affair. Understand how divorce works and what you can expect with this helpful step-by-step guide.
The post Basic Steps in the Divorce Process appeared first on Goranson Bain Ausley.
Dallas Employment Lawyer Paige Melendez
There are certain skills that as we go through life we must obtain. One of those of those skills is knowing when enough is enough and it’s time to walk away. And it is a skill to be able to recognize that and act on the recognition. This skill is especially relevant in any type of legal process. The reason why is that sometimes moving forward is not the best action you can take and that’s a big decision, but hopefully some of the considerations below will help to illustrate good ways to analyze the choices made as a client.
We’ll start with an example of a situation where a big decision must be made: do you file a lawsuit?
The post Knowing When to Throw ‘Em appeared first on Dallas Employment Lawyer Blog.
Regardless of whether they are intentional, Fair Credit Reporting Act violations represent serious threats to your credit and your future. Various entities make decisions that affect your pursuits and endeavors based on privileged information that only specified people and institutions are authorized to use in particular ways.
The Debt Defenders at Ciment Law Firm help clients nationwide pursue stable financial futures and healthy credit scores. Working with an experienced debt resolution attorney can help you identify and address issues that may be silently sabotaging your opportunities behind the scenes.Read below to learn about five common violations, and contact The Debt Defenders at (833) 779-9993 today to schedule a free consultation with an experienced FCRA violation attorney. You can also take advantage of our free claim reviews.
The Fair Credit Reporting Act (FCRA) is legislation that governs how consumer reporting agencies (CRAs) and businesses or individuals that report to these “credit bureaus” can or cannot use your credit information. Your credit report can affect your ability to qualify for a mortgage, a car loan, an apartment, or even a job.
The FCRA protects the fidelity and privacy of your information while preventing its misuse or abuse by creditors, consumer reporting agencies, and others authorized to access this sensitive data. However, violations of the FCRA are common, and these crimes against you can negatively affect your credit and various aspects of your life.
It is important to be aware of these common violations and be prepared to act in your own interest when they occur. Below, we will explain five common violations of the Fair Credit Reporting Act. The Debt Defenders at Ciment Law Firm, PLLC, can help you address these issues effectively nationwide. Let us know if you encounter any of the following violations.
The information in your credit file must be accurate, as you and an authorized person or organization referencing your credit report could be harmed by inaccurate information. There are times when creditors supply erroneous information to credit bureaus when they either know or should know it is incorrect; such instances would be FCRA violations by those creditors. Some examples of inaccurate information include:
Sometimes creditors or credit bureaus fail to update your credit information after you have taken actions that changed your circumstances. Providing or reporting this old information after failing to keep your credit file current may constitute FCRA violations. Some examples of failures to keep credit records current would include the following:
In some instances, the credit information of people with similar names or Social Security numbers may become confused or mixed. It might happen when these people live in the same zip codes, when Sr. or Jr. are mistaken for each other or not specified, or when individuals with the same last name have very similar first names. Credit files may have been mistakenly combined at some point in the past, which could lead to ongoing confusion and distortions of the individuals’ credit histories in the future.
While employers, creditors, and landlords may be authorized to pull your credit report, they can only do so for permissible purposes. Some examples of impermissible purposes for pulling a credit report include:
Credit bureaus are only authorized to supply your credit report to individuals or organizations with valid needs, such as employers to which you have previously provided consent, landlords, utility companies, insurance providers, and creditors. Generally, valid reasons to access your credit report involve assessing your ability to make responsible financial decisions and timely payments. You may be entitled to damages if a credit bureau has provided this information to other individuals who do not have a valid reason to access your credit history.
You are entitled to notices when a creditor supplies negative information to a credit bureau or when an employer, lender, or creditor fails to notify you of a negative decision based on your credit report. A creditor must provide you with your credit score if it was used in any decision, and they must notify you of your right to a free credit report and the option to dispute inaccurate information.
Any creditor or any user of your credit report information cannot refuse to identify the source of credit information they have collected on you. Failures to properly notify you under any of these circumstances constitute FCRA violations.
If you have identified inaccurate information in your credit report, you should work with an experienced FCRA attorney to formally dispute the inaccuracies. There are specific actions creditors and credit bureaus must take in response to your written dispute regarding the accuracy of an item in your credit report. In short, they must conduct a reasonable investigation, correct inaccuracies, and perhaps remove the disputed debt from your credit report.
Credit bureaus must notify a creditor if you have reported a dispute. Creditors must notify every credit bureau of a dispute and provide them with corrected information following their internal investigation. They must inform you of their findings within five business days of its completion. Creditors must refrain from continuing to submit incorrect information.
Depending on the details of the dispute, the creditor’s internal investigation must be conducted within 30 or 45 days; they must also provide you with their reasonable procedure and an address where you can send your written dispute. Failures to follow proper dispute procedures may constitute FCRA violations.
Different types of damages or penalties may apply for willful or negligent violations. If you believe you have experienced any of these violations or want to work with an experienced FCRA attorney, don’t search for a “debt lawyer near me.” The Debt Defenders at Ciment Law Firm, PLLC, will help you identify and resolve your credit or debt issues.
Contact us today at (833) 779-9993 or fill out our online form to schedule a free consultation with an experienced debt relief attorney with The Debt Defenders. We can help you with your credit strategy, regardless of whether you have a valid FCRA violation case. No matter what your credit issue is, we have an option for you.
At The Debt Defenders, we apply our experience and knowledge to assist clients with various debt issues and financial legal challenges. When you choose The Debt Defenders at Ciment Law Firm, we will immediately get you on the right track with our proven three-step process that helps you resolve your debts, protect your rights, and rebuild your credit.
In Step 1, we resolve your debts. Depending on your unique circumstances, this could involve:
In Step 2, we protect your rights.
In Step 3, we rebuild your credit with 7 steps to a 720 Credit Score.
Learn more about each step and how our 3 Step Proven Process puts you on the path to financial stability.
Send us your Credit Karma report for a free claim review if your debts have been disputed, settled, or included in bankruptcy within the last year. Even if you didn’t use our firm for your original debt resolution case, you should still take advantage of our free claim review.
Copyright © 2023. The Debt Defenders at Ciment Law Firm. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
The Debt Defenders at Ciment Law Firm
221 Bella Katy Dr
Katy, TX 77494
(833) 779-9993
https://www.cimentlawfirm.com/
Today’s blog entry is a case from the Eastern District of New York, Martinez v. Gutsy LLC, here, which makes the case for why standalone websites can be a place of public accommodation providing that site is functioning for one of the purposes laid out in 42 U.S.C. §12181(7).
Once again, a person using a screen reader could not access a website. In this case, a company sold probiotic soda through its website. Defendant filed a motion to dismiss, and it is that motion that the case considers. As usual, the blog entry is divided into two categories, and they are court’s reasoning that a Gutsy’s standalone website is a place of public accommodation and thoughts/takeaways. Of course, the reader is free to focus on either category.
I
Court’s Reasoning That Gutsy’s Standalone Website Is a Place of Public Accommodation.
II
Thoughts/Takeaways
The Environmental Protection Agency (EPA) has proposed new rules that would add PFAS chemicals to the list of hazardous substances covered under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). If these new rules take effect, they will have dramatic impacts, both on consumers and public utilities. Although the EPA has made addressing the issue of PFAS chemicals a priority, the agency may be underestimating the downstream impacts of its proposed regulations. Both companies and consumers may feel the pinch of sharply increased costs as a result of these new rules.
PFAS refers to a family of chemicals that are used to make durable and long-lasting substances. They are specifically designed to be both heat- and stain-resistant. Given the durability of PFAS, some plaintiff attorneys refer to them by the name “forever chemicals.” Plaintiff attorneys allege that PFAS chemicals have been found in the ground and water supply near areas where they are used. Although PFAS chemicals are often discussed by these lawyers in the context of the imminent danger they create, the International Agency for Research on Cancer classifies PFAS chemicals as “possible” carcinogens.
Environmental interests have lobbied the federal government to take strong action on PFAS chemicals. They appear to have found an ally in the Biden Administration. As a result, the EPA has proposed drastic new rules that would extend CERCLA coverage to PFAS chemicals. The new rules may have a number of significant effects, whether intended or not.
CERCLA attempts to pass the costs of cleanup to the companies that work with chemicals and substances categorized as pollutants. The government can designate certain sites as “Superfund” sites and essentially hand the bill for cleanup to the company that they deem responsible for the pollution. Superfund designation depends on the presence of “hazardous substances.”
In September 2022, the EPA designated PFAS chemicals as hazardous substances. This classification may result in hundreds of billions of dollars in cleanup costs. There are nearly 3,000 sites throughout the United States that are known to contain PFAS chemicals. The alleged durable and long-lasting nature of PFAS chemicals means that remediation will be challenging and expensive.
The new rules could impose costs not only on the companies that make PFAS chemicals themselves but also on companies that use them in their products. The way that CERCLA is drafted could also mean that waste management and wastewater facilities that treat PFAS chemicals could also be liable for cleanup costs. Again, the alleged durable character of PFAS chemicals could mean an expensive and long-lasting cleanup effort.
If companies are made to pay for the costs of remediation, it could impose a crippling financial burden on them. One cannot expect companies to take on these costs on their own because they may not survive. Most businesses will look to pass at least part of the costs along to consumers, meaning that there could be dramatic price hikes on consumer goods during a time of already heightened inflation.
Another area that may lead to skyrocketing costs for consumers is their utility bills. Environmentalists argue that PFAS has sometimes contaminated the water supply in areas where it is used. Even though water utilities were not the ones who used the chemicals in the first place, they are often the ones who have the responsibility of absorbing the cleanup costs. Water utilities cannot be expected to foot the bill for these costs, and in many cases, they simply cannot afford them. As a result, consumers will see sharp hikes in their water bills when PFAS cleanup is required. Although the recent infrastructure bill allocated $10 billion for PFAS cleanup in water, it is not nearly enough to pay the total costs of doing so, assuming that remediation is required.
Another area where costs may be passed along to consumers is air travel. Airports have often used products that contain PFAS, such as firefighting foams. Assuming that airports must foot the cleanup bill, they will pass the costs along to the airlines, which will in turn hike airfares yet again.
One potential solution is for Congress to pass a law that clarifies the extent of the exceptions from CERCLA. For example, there is currently an exemption from CERCLA that covers PFAS in fertilizers. Although this exemption is meant to cover farmers, there is some uncertainty about how it would protect farmers from the new PFAS designation. However, given the sharp divisions in the current Congress and the controversy over PFAS, it is not likely that Congress would pass any legislation. PFAS chemicals have been a controversial issue across the political spectrum, and there are numerous differing opinions.
For now, much depends on the scope of the regulations that the EPA finalizes. Like every agency rule, the EPA has released its proposed PFAS/CERCLA rule for public comment. Once the public has commented, the agency must consider the comments and respond in its final rule. Hopefully, the EPA will take the above factors into consideration, but its flexibility may be limited by CERCLA once it finalizes these rules. The EPA could use its discretion in enforcing the rules, but the current agency leadership seems inclined to make a broader sweep when it comes to PFAS cleanups.
In the meantime, one can expect these rules to be challenged on multiple legal fronts if and when they are finalized. Courts have recently shown a willingness to curtail agency action that reaches too far without Congressional authorization. However, they choose to act, rest assured that the end result of the actions taken by the EPA, Congress, and federal courts regarding the EPA’s new CERCLA plan could have drastic impacts on companies and consumers.
The post EPA’s New CERCLA Plan Could Have Wide-Reaching Implications appeared first on MehaffyWeber.
If there is one thing that I can say with any certainty on this blog is that the world is constantly changing. Just when it feels like things are beginning to slow down for you or your family, in the blink of an eye a circumstance or other aspect of your life can change. Whatever it may be, we humans have learned to become flexible with major changes in our lives. When it comes to making changes as a result of a divorce, we see that you may have needed to re-adjust to life as a single adult. Part of that adjustment period is the ability to succeed in life with the divorce orders you were awarded in the divorce itself.
The orders that you negotiated for or were handed down from the judge in the divorce are the key to understanding what to make of your life post-divorce. For many people, those orders will be ok for years after the divorce. If these orders suit you and your family well then you do not need to give them a second thought. You can adjust your life to live within the confines of those orders and move on with the rest of your life to better account for whatever life throws at you after getting a divorce.
On the other hand, change is inevitable, and you may find yourself in a position where you are needing to change your court orders to match up with the circumstances that are now your reality. For you to be able to feel good about your life you may want to update your court orders to reflect the life of you and your children. What was true a decade ago may no longer be true as far as what suited you all best. Now you may find yourself in a position where you need to seriously look at your life and reestablish what is best for you and especially what is best for your children.
That is what we are going to discuss in today’s blog post from the Law Office of Bryan Fagan. I would like to talk with you all about the process for modifying a final decree of divorce here in Texas. The answer to the question of whether it is possible to modify a divorce decree is, yes, you can do that. However, the devil is in the details, and you need to be aware of the limitations, process, and structure of how you can best go about making those changes.
We are going to discuss how to manage this type of modification if that is something you want to pursue. A modification of a divorce decree is not the same thing as filing a second divorce. There are different elements to the case and different considerations that you must make to be successful in this type of matter. It does not make sense to file for a modification and to hope that you can win. Rather, if you are going to spend the time and money to file for a modification you would want to make sure that all signs point to you winning the case.
With that in mind, there is no greater advantage that you can acquire for yourself in a modification case than to have an experienced attorney assisting you, walking with you, and advocating for you and your family. Even if you didn’t have an attorney in your divorce there are distinct advantages in a modification case that you will gain over a person who files for a similar modification but does not have an attorney by their side. At this level, you want every advantage you can gain. Hiring an attorney is a short-term investment into your long-term future and to your future relationship between you and your children if you are a parent.
If you have any questions about the material contained in this blog post, you can contact the Law Office of Bryan Fagan. We have three Houston area locations where we would be honored to host you for a free-of-charge consultation. Or, if you would prefer a virtual meeting with an attorney, we can schedule you for a video appointment. Finally, the phone works for us, too. A quick phone call on your lunch break or on the way home from work can go a long way toward helping you gain some insight and perspective on a difficult family law situation that you may be facing. Or you may be interested in learning more about the possibility of filing a modification based on your divorce from a few years ago.
No matter where you are concerning your family law-related matter, the attorneys with the Law Office of Bryan Fagan want to be able to meet you where you are and assist you in moving forward now or in the future with a modification, child custody, divorce or any other sort of family law case. We focus our practice on family law because that is where we believe we can make the largest possible impact in our community in a meaningful way. To learn more about our practice and what can offer you as a client please contact us today. A free-of-charge consultation is just a phone call away.
As we alluded to at the beginning of today’s blog post, it is no secret that your life is probably different now than it was a few years ago when you went through a divorce. For some families, a significant change in circumstances may have happened immediately after the divorce ended. Or your family may have remained virtually unchanged for years after your divorce until something happened that changed all that. No matter what circumstance looks more like what you are going through we want you to understand that there are some characteristics that you need to be aware of before moving forward with a modification.
When it comes to modifications after a divorce most of the time the requested modification has to do with minor children. If that is the case your chances of something changing from the time of your divorce to now increase dramatically. The reason being is that children grow up and see parts of their lives shift and evolve more so than adults. Adults tend to be in a more consistent place than a child. If your child was 5 when you got divorced but is 15 now, then odds are several things are different about him or her compared to back in the day when you got your divorce. We would need to examine the reason why you think a modification of your divorce decree is necessary for connection with your children.
The rule for a modification is that there must have been a material and substantial change in circumstance that has developed which would otherwise lead to your prior court order not being workable. This is important because the material and substantial change are more significant than just any change that you could envision. No doubt- there is probably a small change that has occurred in your life within the week that your divorce decree was issued. However, small changes in your circumstantial changes are not what your modification should be based on. Rather, we need to see substantial changes in a circumstance that materially impacts the course of our lives as a family. That material change in circumstances could have occurred in your life, your ex-spouse’s life, or in the life of one of your children.
You would allege the material and substantial change in circumstances in an affidavit to the judge. An affidavit is a sworn statement under oath. You complete the affidavit laying out your position as to what material and substantial change are, and how it has impacted your family and then you would file that along with your petition to modify your divorce decree. The court that issued your divorce decree would review your affidavit to determine whether there is a material and substantial change as you allege. Assuming that there is, your modification would be accepted, and you would then have to serve your ex-spouse with notice of the lawsuit.
Service most likely means personal service to your ex-spouse. Hiring a private process server or law enforcement officer to facilitate this step is how most people in your position would choose to proceed. Once the process server successfully serves your ex-spouse proof of the service would be filed with the court and your ex-spouse would respond with an Answer. The rest of the case would develop according to how the circumstances dictate. Meaning: you all would probably be going to mediation as a next step.
One of the most important parts of any family law case is the opportunity to attend mediation. Mediation involves formal settlement negotiations with a neutral, third-party mediator. Often the mediator is a practicing family law attorney who also works in the field of mediation. When you plan to attend mediation, the goal is to conclude the case with a settlement negotiation rather than having to go to a contested hearing. This allows you and your ex-spouse to control the proceedings. This is usually a better set-up for success as opposed to having a family court judge issuing rulings based on their limited interactions with your family. Even if you and your co-parent are not seeing eye to eye on much of anything now you all still know your family circumstances better than a family court judge.
When you attend mediation, it is especially useful for you to have an idea of what you want to get out of the case. Not in a general sense but with the specific plans that you have for yourself and your family after the case is done. Being intentional with goal setting and how you negotiate is critical to your success. We underestimate the extent to which an eye for detail and a specific plan can make up for a lot of other deficiencies in a case. Focusing on what you need to do to position yourself well for mediation is important as well. Sitting down with your attorney to develop a strategy, discuss your goals and talk about how to make counter proposals and other settlement offers is just as important as planning for a trial.
One of the parts of a modification case is to decide whether mediation even makes sense given your goals and circumstances. If you are pursuing a modification of your child custody schedule, then mediation would seem to be a productive use of your time. Many times, your ex-spouse can talk through different options that you could pursue and decide to approach the case from a different perspective than you had intended to. There can be a middle ground in a modification case just like there likely was a middle ground in your divorce. It is just a matter of finding that middle ground with your ex-spouse and being open-minded to think about your options and different courses of action that you could pursue.
On the other hand, you and your ex-spouse may be in a situation where a settlement is unlikely or not possible. For example, let’s assume that you are asking for a geographic restriction to be lifted from your court orders to allow you to take a new job in a different city that is beyond the geographic area where your children can now reside. This is a substantial modification request given that a geographic restriction imposes significant limitations on where a child can live. Therefore, if you are the primary conservator of those children and are asking to have the geographic restriction lifted that could potentially put your Co-parent in a position where he would need to move, as well.
Your desire to have the geographic restriction lifted has everything to do with a new job and new opportunities in a different place. Either you can have that geographic restriction lifted and be able to move where you would like to take the new job, or the geographic restriction will not be able to be lifted. This is what I mean by there not being very much middle ground in this case. It is not as if you can have half of the geographic restriction lifted and leave the other half in place. In a situation like this, you would very likely be unable to mediate your way out of the situation. The other consideration would be if you would be willing to change your goals during the case and instead focus your attention on a different part of your final decree of divorce.
if you are unable to settle your modification case in mediation then you and your ex-spouse would need to attend a modification hearing in court before the judge. In this hearing, you would collect evidence and with your attorney would present your case to the judge as to why your requested modifications should be granted. Even though this is commonly referred to as a hearing it is a trial in every sense of the word. Being able to offer evidence and have admitted into the record documents and other physical evidence is difficult. For that reason, we recommend that you have an experienced family law attorney walking with you during the case. To go all the way to a hearing and not be able to express yourself fully and present the best care possible would be a major disappointment, to say the least.
A judge would consider all the evidence presented after a hearing. The judge would need to consider whether a material and substantial change have occurred in the circumstances of your family sufficient to justify the modification that you are requesting. The physical, emotional, and mental well-being of your child would need to be considered along with the future of your relationship with your child as well as that of your ex-spouse.
These are only a few of the considerations that the judge must think about when it comes to a material and substantial change. Next, even if the court finds that a material and substantial change has occurred it would still need to determine that the requested relief would be in the best interests of your child. To effectively navigate these choppy waters in a complex modification case you need to be prepared and resilient. Having an experienced family law attorney by your side can be a huge help to any family going through a complex modification.
if you have any questions about the material contained in today’s blog post please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as about how your family circumstances may be impacted by the filing of divorce for a child custody case.
