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Saturday, June 29, 2013

The Benefits of Creating a Will

There are many benefits to creating a will regardless of how old you are. When you create a will, you tell your friends and loved ones exactly what you want done with your belongings when you pass away. If you have money, you can tell your survivors who it is supposed to benefit. Parents with children should create a will to ensure that their children get everything that they need to stay in a good home and go to a good school. Your will can designate who would take care of the children and when they are allowed to access any money or other assets that you are leaving to them. 

Texas wills online from MyTexasWills.com can help you create a document that adheres to Texas state laws. Although most people create a will with good intentions, it can be thrown out if it does not follow guidelines set forth by the state. Even if the document is enforceable by law, the legal fight surrounding the will could drag on for months. The time to create a will is right now. You don't want to leave your family members without any direction regarding your final wishes if you were to suddenly pass away.

Saturday, June 22, 2013

Affidavit of Discrepancy and Affidavit of Two Disinterested Persons

It might come as a surprise for some people when they discover that the name that they have been using is not the same with the name their birth certificates indicate. If that happens, some public and private offices often require that the person concerned issue an Affidavit of Discrepancy and additionally requiring two other disinterested persons to attest to the identity of the person who has discrepancy in his name.

In the example below, a certain JOHNNY DELA CRUZ later on discovers that his Birth Certificate indicates that his name is actually JUAN DELA CRUZ.



AFFIDAVIT OF DISCREPANCY


            I, JUAN C. DELA CRUZ, of legal age, single, and a resident of Davao City, after having been duly sworn to in accordance with law, hereby depose and say:

            That since I was young, I have been using the name “JOHNNY C. DELA CRUZ;”

That I am also known by my family and friends as “JOHNNY C. DELA CRUZ”;

That recently, I applied for membership with the Philippine Health Insurance Corporation (PhilHealth) and as a requirement for such application, I was made to submit my Birth Certificate;

That when I requested for a copy of my Birth Certificate from the National Statistics Office, I was surprised that my name as reflected on the official document is “JUAN C. DELA CRUZ(A copy of the Birth Certificate is hereto appended as ANNEX “A” and forms an integral part hereof);

That I attest that “JOHNNY C. DELA CRUZ” and “JUAN C. DELA CRUZ” is one and the same person;

That from now on, I will be using my true and correct name, JUAN C. DELA CRUZ.

            That I am executing this affidavit in order to attest to the truth of the facts aforementioned, and for any legal purpose this may serve.

            IN WITNESS WHEREOF, I have hereunto set my hand this this _____________ at ____________.


JUAN C. DELA CRUZ
                        Affiant
Witnesses:

                                                                                                                                               



            SUBSCRIBED AND SWORN to before me this this _____________ at ____________,, affiant exhibiting to me his PhilHealth ID No. ________________.

                                                                                   
Doc No. ___;                                                                           Notary Public
Page No. ___;                                                             
Book No. ___;                                                             
Series of _____.                       






JOINT AFFIDAVIT OF TWO DISINTERESTED PERSONS


            WE, WITNESS ONE and WITNESS TWO, both of legal age, both single, and residents of Davao City, after having been duly sworn to in accordance with law, hereby depose and say:

            That we personally known “JOHNNY C. DELA CRUZ” because we are family friends and we have known him for more than 30 years;

That we also personally know that “JOHNNY C. DELA CRUZ” has been using that name since he was a child;

That we personally know that from available records, his authenticated Birth Certificate indicates that his name is “JUAN C. DELA CRUZ;

That we attest that “JOHNNY C. DELA CRUZ” and “JUAN C. DELA CRUZ” is one and the same person;

            That we are executing this affidavit in order to attest to the truth of the facts aforementioned, and for any legal purpose this may serve.

            IN WITNESS WHEREOF, I have hereunto set my hand this this _____________ at ____________.



                        WITNESS ONE                                         WITNESS TWO
                        ID/CTC No.                                                  ID/CTC No.                           
                        Issued on                                                      Issued on                             
                        Issued at                                                       Issued at                               


            SUBSCRIBED AND SWORN to before me this _____________ at ____________, affiants exhibiting to me their competent evidence of identity written below their names.

                                                                                   
Doc No. ___;                                                                           Notary Public
Page No. ___;                                                             
Book No. ___;                                                             
Series of _____.                       


Friday, June 21, 2013

Has your personal injury claim been turned down elsewhere?

If you have made a personal injury claim, but been turned down, then the chances are you are feeling a little disheartened right now.  Making a personal injury claim means that you have suffered at the hands of someone else.  At Priority Legal we realise that this is an incredibly stressful and traumatic time. 
Which is why we want to take away that stress for you.  Having your personal injury claim turned down by another business can make you feel as if you want to give up on your claim altogether.  But this is the time when you should speak to us.  You are probably thinking, ‘It has already taken so long’, but we won’t ask much more from you.  Just to fill out our online claim form or simply to talk to us.
We deal with very complicated personal injury claims, you see.  Which means that we are fully equipped to deal with all kind of cases.  If your case is extremely complicated then other personal injury claim firms may not wish to pursue it.  But we have a fantastic team of experts who have dealt with pretty much every kind of claim you could possibly imagine, and some that you wouldn’t even be able to comprehend.
Whatever the type of personal injury claim you wish to make, be it a work accident, farming accident or even an injury to the self employed, we are on hand to help.
Making a personal injury claim shouldn’t be complicated and it should be straight forward.  We do all we can to make it so.  Don’t be disheartened.  Being involved in an accident that wasn’t your fault and wanting compensation is something you should be entitled to.  Not something you should have to battle against.  You are probably already suffering physical and maybe even psychological pain.  Making a claim shouldn’t be a painful process too.
But having the right team of experts on your side can make filing a personal injury claim simple.  Why not contact us today to find out more?  We can chat through your case, discuss the objections that you faced in your last claim process and talk you through how we will work to get you the compensation that you deserve for your personal injury.
Don’t delay, contact us at Priority Legal straight away and you could receive the compensation that you deserve before you know it.
Ian Aldridge is a writer for http://www.prioritylegalclaims.co.uk/

The Highest Paying Careers in Criminal Justice

People who pursue degrees in the field of criminal justice do so because they want to make a difference every single day by bringing down criminals and helping the innocent who have been harmed in any way. The great thing about a criminal justice degree is that there are so many different fields you can enter, so the degree really opens up a lot of doors and opportunities for you to choose what specific direction you'd like to take, and it even gives you the chance to change tracks if you ever decide to do so in the future.
But if you want to make the most money possible with a criminal justice degree, there are certain fields of employment that you should pursue. Below are some of the highest paying careers that you will be able to enter into with a degree in criminal justice.

Lawyer

Lawyers can earn anywhere from $75,000 to $164,000 each year, so your education will certainly pay off. A lawyer works with prosecutors and defendants in both criminal and civil trials in court. He or she knows the law inside and out and, therefore, can properly advise clients on the proper actions that should be taken to win a case. Lawyers who represent their clients successfully win the most cases, whether they work with business owners, motor vehicle accident victims, victims of abuse, or any other individuals who need to go to trial to plead their cases. It's an exciting career that allows you to work with different people all the time, and there is certainly room for advancement and growth. Just be prepared to spend four years getting an undergraduate degree before spending three years in law school in preparation for passing the bar exam before you can be licensed to practice as a lawyer.

Police Officer

Police officer salaries have a wide range because it really depends upon where you're employed. Those officers working in large cities, like New York, for example, are paid higher salaries than those working in small rural towns around the country. Typically, officers can earn between $40,000 and $65,000 per year. Police officers follow criminal cases and apprehend criminals while also collecting evidence so that they can testify at court hearing and trials. They work directly with individuals on the streets every day, keeping people safe.

Investigator

Detectives and investigators can either work privately or within law enforcement agencies. They typically make between $60,000 and $93,000 per year. The great thing about being an investigator is that you get to work on solving crimes by analyzing and collecting evidence and helping law enforcement officials put the pieces of a crime puzzle together. You need a solid education in criminal justice and you may also need some experience as a law enforcement agent first before advancing to the level of a detective or investigator. But once you are in this interesting and ever-changing field, you'll realize that all your time and efforts were worthwhile. To start, you can pursue your criminal justice degree online.

Jamie is a freelance writer who admires those individuals who want to work hard to help others, especially those who are working to curb crime by getting into a criminal justice field. She enjoys watching shows and movies based on these careers, but reading real-life rescues in the newspaper is better than fiction.

Thursday, June 20, 2013

Possible Defenses to a DUI Charge

Getting pulled over and charged for a DUI can be a very traumatizing experience, especially if you’ve never been arrested in your life. It can feel like the whole world is against you, but you shouldn’t feel alone. There are several defenses that can be employed in the right circumstances that can prevent a DUI from appearing on your record. With a good lawyer who knows these defense tactics, you might be able to come out of your charge unscathed and learn from your mistakes. The following are a few of the defenses that can be employed in the courtroom by your lawyer to defend you.

Insufficient Evidence

Sometimes police officers make arrests based on what they see, and this mistake can be exploited in court. For example, sluggish or uncoordinated demeanor does not necessarily mean that a person behind the wheel was under the influence of alcohol. A person who is extremely tired can also exhibit this behavior. This can be a successful defense under the right circumstances, and it is a defense that should be considered.

No Probable Cause

Occasionally, there is no justification for a police officer making the traffic stop in the first place. In order for a traffic stop to occur, there has to be some violation or suspicion that a law is being broken. If none of these were present at the time of the arrest, then you could have a solid case in your favor. This can be difficult to defend, however, because it essentially becomes a case where it is your word against the police officer’s word. If your lawyer can present a convincing argument, this could work for you.

Blood Alcohol Content Testing

This is an interesting defense, because your blood alcohol levels can be high at the time that they were tested, but not at the time that you were behind the wheel. If you got in your car immediately after having a couple of beers, then it is possible that your blood alcohol levels were not over the legal limit at the time that you were pulled over. After about 30 minutes, your blood alcohol levels go up. The window between the time you drank the alcohol and the time that your blood alcohol was tested can be used in your defense. It could be that at the time you were pulled over, you were operating your vehicle under legal blood alcohol levels.

Improper Field Sobriety Tests

Increasingly, field sobriety tests have shown to be ineffective at determining whether a person is under the influence of drugs or alcohol. This can be even more inaccurate if the police officers doing the field sobriety tests are doing them wrong. If police tapes show that you were subjected to incorrect field sobriety tests, this can be grounds for your DUI to be dismissed.

As you can see, there are many possible defenses that you can use to defend yourself against a DUI. You are not alone in this process, and with a good lawyer, it can be possible for you to be successful in defending yourself.


The Law Offices of David Michael Cantor has been providing DUI Defense in Arizona for over 20 years. David and his firm have over 1,000 DUI Case Victories in the State of Arizona.

Monday, June 17, 2013

Sample Form: Waiver and Quitclaim

WAIVER AND QUITCLAIM
          I, (name of waivor), citizenship, all of legal age, a resident of (insert address here) and formerly employed with (insert name of company or employer here) do by these presents acknowledge the receipt of CASH/CHECK in the sum of (state amount of cash/value of check here),Philippine Currency from (insert name of company or employer here) in full payment and final settlement of my separation pay, and all other salaries, wages, and gratuities or any kind of compensation or emoluments due to me or which may be due to me from (insert name of company or employer here) under the law or under any existing agreement with respect thereto, as well as any and all claims of whatever kind and nature which I have or may have against (insert name of company or employer here), arising from my termination of my employment with (insert name of company or employer here).

          In consideration of said payment, I do hereby quitclaim, release, discharge and waive any and all actions of whatever nature, expected, real or apparent, which I may have against (insert name of company or employer here) by reason of or arising from my employment with the company.  I will institute no action, whether civil, criminal, labor or administrative against (insert name of company or employer here) Any and all actions which I may have commenced individually or jointly with others before any office, board, bureau, court, or tribunal against (insert name of company or employer here), are hereby deemed and considered voluntary withdrawn by me and I will no longer testify or continue to prosecute said action(s).

            I declare that I have read this document and have fully understood its contents.  I further declare that I voluntarily and willingly executed this Release, Waiver and Quitclaim with full knowledge of our rights under the law.

            IN WITNESS WHEREOF, we have hereunto set our hand at (enter place here), this (enter date here).

(name and signature of waivor)



Sunday, June 16, 2013

What is a Criminal Defense Lawyer

A criminal defense lawyer is someone who defends criminal offenders. They specialize in representing individuals who are charged with a crime in a lawsuit or criminal prosecution.

The work of criminal defense lawyers revolves around the accused. Before an arrest, your criminal defense lawyer may the one charged in making his Counter-Affidavit to belie the allegations in the complaint. There are also cases when an arrest has already been made and what you see in movies where detainees ask for one phone call. Chances are, the detainee would be calling his preferred criminal defense lawyer.

A criminal defense lawyer may also be provided by the government, they are called "public defenders." Those who cannot afford to hire a lawyer of their own choice may avail of the services of the public defenders. We know for a fact that everyone is presumed innocent until proven otherwise. The lawyer of the accused must see to it that the rights of his client, such as the right to be heard and to present evidence, are not violated. If the accused is pronounced guilty after trial, his lawyer must also ensure that the penalty imposed upon his client is within the period prescribed by law.

Friday, June 14, 2013

Affidavit of Support

Here's an example of an Affidavit of Support that you can use when availing of maternity packages. This Affidavit is usually required by hospitals before they will approve the maternity packages available for mothers giving birth, depending on the latter's needs and capacity to pay.

AFFIDAVIT OF SUPPORT

                I, __________________________________(name), ____ years old, single/married and a resident of _______________________________________(address), after having been duly sworn to in accordance with law, hereby depose and say:

1.      That I am a member of Philippine Health Insurance Corporation with PHILHEALTH ID No. ___________________(write number if applicable);

2.    That I am the mother/father/sibling/partner of ____________________________(name of pregnant woman), who is currently ____years old. A copy of her Birth Certificate is hereto appended as Annex A and forms an integral part hereof;

3.       That ________________________(name of pregnant woman) is unmarried and unemployed and that  I am the one supporting her;

4.       That _________________________ is ________ months pregnant and is due to give birth on _______________ at _______(name of hospital);

5.       That _____________________ (name of pregnant woman) is one of the beneficiaries in my membership with Philippine Health Insurance Corporation;

6.       That I am executing this affidavit to attest to the veracity of the foregoing facts and for whatever purpose not contrary to law.

                IN WITNESS WHEREOF, I have hereunto set my hand this _____________ (date) at _______________________ (place).


                                                                                          ________________________
                                                                                                 Name of Affiant

                SUBSCRIBED AND SWORN TO before me this ___________________ (date), at ______________________ (place), affiant exhibiting his Philhealth ID No. _______________ as his competent evidence of identity.

                                                                                           Notary Public
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of _____.

Thursday, June 13, 2013

Multi-Lingual Civil Lawyer

Representing clients is not an easy task for someone who happens to know only one language. Although it is not very difficult to find a lawyer who can speak both the local dialect and the national language, clients who are of a different nationality and visiting another country might find a hard time looking for the right lawyer who could communicate with them fluently.

Language may become a barrier but thanks to translation services, work may become easier than expected. But what caught my attention while visiting a certain law firm website is that this particular lawyer offers legal services in English, French, and Armenian. English and French might be too common for Canada but what impressed me is that this avocat civil laval also represents Armenian clients.

Finding your own multi-lingual civil lawyer must not be a problem and you must choose the best firm, the one who takes pride in representing clients in civil cases, including but not limited to damage suits, personal injury and property damages, compensation cases, and infringement suits. Its expertise, aside from civil law, also includes Commercial Litigation, Real Estate and Estate Litigation, as well as representation in Construction Litigation.

If you are in Canada and speak Armenian, do not worry because someone whom you can trust and who readily understands both your language and your predicament is ready to help you.

Wednesday, June 05, 2013

Land Registration Authority Online Tracking System

It's now very easy to know the status of your transactions with the Registry of Deeds, thanks to Land Registration Authority's Online Tracking System. A few clicks and you'll be able to know if the status of your transactions. Here's the link to the LRA online facility:

http://125.22.35.139:8080/TransactionStatus

Recently, I checked the status of the registration of an Extra-Judicial Settlement with Sale that I processed for a client and then I learned that it's currently under the Encoding Department.



We were told to follow-up with the Register of Deeds after 20 days. In the meantime, I will be checking the status of the transaction at the online facility to be updated on its progress.


Tuesday, June 04, 2013

Insurance fraud on the rise: what are the most common cases?

Insurance fraud is on the rise. Experian, a well known credit check company, says that for every 10,000 insurance claims, 38 are fraudulent. In the past 5 years, this number has doubled.

The reason for such an increase in insurance fraud is the catastrophic effect that the economic crisis has had on domestic economies. With more and more families going through financial difficulties, it is no surprise that some of them decide to earn some extra money by deceiving their insurance company. According to Experian, fraudulent applications will continue growing during 2013.

In most cases, individuals try to deceive the insurance company by giving a false picture of their real situation. Lying about their financial situation or their employment status is very common across most fraudulent claims. In fact, this situation is repeated in more than 90% of the cases.
There are two different types of frauds:  hard and soft. The first deals with those frauds that involve important amounts of money, while in the second case, it is equivalent to petty crime.  Soft crimes are much more common and more difficult to detect by insurance companies.
Although most of cases are easily uncovered by the already very experienced insurance companies, individuals are becoming increasingly creative when planning fraudulent claims. For this reason, it is not unusual for insurance firms to hire private detective agencies to help them solve the most complex cases.

Most common claims

Some individuals are very creative and plan complex insurance frauds like the one committed by the couple who made more than £900,000 by seting up a ghost firm offering very cheap car insurance. However, in the majority of cases, fraudulent insurance claims follow similar patterns. Most fraudulent claims involve either a car, a house or health issues.
  1. Stolen Car

This is an absolute classic. Stolen car claims are usually carried out by those who either need quick cash or cannot afford to pay for the car anymore. The scheme can be carried out in two different ways:
  • Selling the car overseas

In this case, the car owners sell their cars overseas without doing any paper work. Once the trade operation has concluded, they call the insurance company to claim that their car has been stolen.
  • Sell the car parts

Instead of selling the car as a whole, some individuals prefer to take it to a body shop and divide it into different parts that will be sold later on.
  1. Car crash or damage

Car accidents are often simulated as a way to claim insurance money.  In most cases two drivers agree to have a car accident as a way to obtain some money from the insurance company. Here, the value of the vehicles is usually inflated to obtain a higher return.
In other cases, instead of simulating a car accident, the driver reports a real collision and submits an estimate cost of reparation. Once the insurance check is collected, the car is not repaired.
Although not so common, some people go a step further, not only claiming car damages, but also, health problems as a consequence. In this case, a doctor will need to be involved in the scheme.
  1. Arsons

Some individuals even set fire to their own properties to get the insurance check. Given the complexity of these cases, the number of fraudulent claims is not as high as in the previous examples, although each successful claim is very costly for insurance companies.
Before burning their house, most owners take out of the property all valuable goods. Some others simply make sure that their insurance has a good valuation of their assets before committing the crime.
  1. Simulated Burglary

Some homeowners report that somebody has broken into their homes and stolen certain valuable items like jewellery, electronics or even works of art. The fact that the police need to be so closely involved in these claims manages to discourage the majority of people from executing them. However, a number of them do take place every year.
Insurance fraud has huge repercussions not only for insurance companies, but also for many of their clients. The reason is that, given the increasing number of fraudulent claims, insurance firms have raised the price of their services in order to compensate for the generated losses.
About the author:
Miguel Rojas works for Conflict International, a private detective agency that provides a wide range of investigation services all over the UK and across Europe. Conflict International specialises in corporate investigations, covert surveillance and matrimonial investigations among other services.