Friday, March 26, 2010

Peachtree City Legal News

Oral contracts can be upheld even for large sums of money: $281M verdict upheld against Turner - Atlanta Business Chronicle:
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Sunday, March 7, 2010

DEBT COLLECTION| The Old English System



HERE IS A LINK to the FTC site on what is lawful: FTC LINK

In Merry Old England once could spend an entire life in Debtors Prison [mercifully not very long thanks to the poor food and hygiene]. Who founded the United States but the English and interestingly they brought over a lot of bad Pavlovian beliefs, like hounding debtors to death. One of the most famous was Samuel Chase one of the first Justices of the United States Supreme Court who it is said died in a flop house in New Orleans after moving from town to town trying to escape his debt collectors. Any student of history will tell you that no one less than Thomas Jefferson himself was hounded by debt collectors and had it been available would have declared bankruptcy. Today we have protections in debt collection and bankruptcy. Almost everyone wants to pay their creditors|very few creditors want to give anyone a break; and of course the irony today is that we as taxpayers have given many creditors huge breaks and even money to stay afloat!

Here is a recent case overview of a Court getting tough with a debt collecting firm: 2010 Court sanction against a debt collection firm
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Wednesday, March 3, 2010

NEWNAN PRATLAW|| 14th amendment essay


The Supreme Court is reviewing a Chicago gun ban statute this term. The case is McDonald v. Chicago. Mr. McDonald, an elderly man, was upset that on 3 different occasions "Utes" came to his home to "visit", would not leave when he asked, demanded that they vacate his property and then stole everything he owned that was valuable. Mr. McDonald decided to purchase a gun to help him persuade the "Utes" the next time they came to visit that they should leave his home without looting it. Mr. McDonald's acts were apparently illegal according to Chicago's handgun ban. Legally, the case poses the prospect of the Supreme Court finally issuing a decision as to the extent of the scope of the 14th amendment and if they take on that topic the case could be one of the most important cases in our lifetime. It is more likely that the Court will just strike down the handgun ban and limit its decision to the specific statute. I posted the link on my blog at HOT LEGAL TOPICS [Click it to go there]. Hope you find the topic relevant enough to follow and keep up with the Court's decision.
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An injury can happen in an instant. Physics and Biomechanics demand that speed and weight combine to cause catastrophic results when governed by human recklessness and indifference … From car and truck accidents to dangerous unregulated or under-tested products, to animal attacks, even reckless/malicious internet trolling, the law of a civilized country demands that the victim(s) be compensated in terms of enough money to make the victim(s) whole relative to the damage done and the gross recklessness of the actions that caused the injury. It was realized even before the Law of Moses that the foundation of civilization had to be fair compensation in money damages for injury(ies) and not blood feuding and revenge. The Law of Moses expounded upon that belief and since ancient times the civilizations that have flourished have centered on just compensation for injury(ies). When an incident of injury and damage occurs, it is paramount that the people close to the injured party and the injured party if he or she is able, act quickly and decisively to pin down statements, the scene if there is one, that you take pictures of everything from every angle and every perspective, and that every statute that might be applicable to what happened is reviewed and addressed with an eye toward determining what amount of money will make the injured person whole, and in some cases, what amount of money will make an entire family, devastated by the injury, whole. Proper and complete compensation is the only closure acceptable to the victim(s) of injury due to no fault of their own. Unfortunately in today’s world of irresponsibility and blaming others or circumstances, that almost always requires a lawsuit. What to do, what to do??? Filing A Lawsuit Today, really mandated and do so immediately. Civil Procedure makes the start of litigation easy because it is the backbone of civility for it to be easy to seek to be made whole in a manner other than retribution and family feuding. But as is the case in most complicated matters, the devil is in the details. Filing a lawsuit has to be combined with through investigation, experts when needed, analysis and research. A large percentage of lawyers do not want to dedicate the time and effort involved in properly preparing a personal injury lawsuit to maximize recovery. R. Keith Prater, 770-253-7778. Maximizing a Verdict Act quickly. The most important thing to do immediately is to secure the evidence – within hours, the same day, if you or your family can do it. Take more pictures than you think you should. Get the investigating officer’s name and all the witnesses. Go to the scene and take pictures. Take pictures of the injury. And … ABOVE ALL ELSE … get a real injury lawyer, not a TV talking head – an actor representing someone you will probably never meet in person or even talk to, involved in your case. R. Keith Prater, 770-253-7778 Ask your physician questions: Treatment is critical, you must seek medical care to return to your old self as soon as possible so that your injury can be quantified in terms of permanent damage, future medical care, long term chronic problems. In several cases over the past 27 years I have had clients feel perfectly fine at the scene, and therefore, forgo going to the hospital in an ambulance — this can be a mistake. In the several cases, where the impacts were severe, injury was masked by adrenaline and the next day my client(s) felt terrible: In two instances that readily come to mind, fractured vertebrae were discovered, fractures that could have caused paralysis and even death during the night after my clients told the investigating officer that they thought they would be okay! Only trained medical professionals can tell injuries when the dazed and confused present after a collision. If you prove to be uninjured or mildly banged up, the visit is a source of evidence for both your attorney and an insurance company and the wreck can’t be used against you in the future if you are in another one. Continuity: If you are injured, and your doctor recommends treatment, then do it! It is a mistake to forego treatment and it will be used against you in the immediate claim and in the future! It is a bad mistake to end treatment before a physician tells you it has run its course. Cooperate: Your personal injury attorney will need your full and complete cooperation to get your claim maximized in terms of money – you must be totally candid and honest and remember that too many details does not exist! Write it down! All of it! R. Keith Prater, 770-253-7778 Contact the Law Offices of R. Keith Prater, P.C. to File a Personal Injury Claim @ 770-253-7778; to recover the full monetary compensation that you deserve from being injured due to no fault of your own. To schedule a consultation with your Atlanta Metro Area personal injury lawyer, call R. Keith Prater at 770-253-7778. Also, please visit our website and other blogs just by Googling “Pratlaw”.