Determining outcomes based on the number of DUIs you have gotten
First, you should consider the critical question of just how many DUIs you have gotten before. If you are on probation for a first DUI, then you are likely to receive more leniency. If you have had three or more, then you are likely facing felony charges. In this situation, your consequences for that probation violation will likely be much worse. Good lawyers often advise their clients about the effects of prior convictions.

A probation revocation hearing
The district attorney in your case will have some discretion on whether to try to revoke your probation. In most cases, if you are actually charged with driving under suspension, the prosecutor will choose to file for a revocation. This will lead to a hearing in which a judge will consider the arguments on whether you have violated your probation in such a material way that your agreement should be revoked.

The challenging thing about these hearings is that the state only has to prove by a preponderance of the evidence that you violated one of the conditions of probation. This standard is much lower than the beyond a reasonable doubt standard that applies in criminal cases generally. Preponderance of the evidence means that they just have to prove that it was more likely than not that you drove under suspicion.

Consequences for driving under suspension
If your probation is revoked, then you will likely be returned to whatever penalty was probated in the first place. This means that if you had been sentenced to 30 days in jail probated for two years, then you will have to serve the 30 day sentence that would have applied in the first place. If you have a good lawyer, you can sometimes reach an outcome that is much more advantageous. In general, though, you can expect the state come down hard in this situation.

Jim Treebold

Jim Treebold is a North Carolina based writer. He lives by the mantra of “Learn 1 new thing each day”! Jim loves to write, read, pedal around on his electric bike and dream of big things. Drop him a line if you like his writing, he loves hearing from his readers!

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General bankruptcy rules
In bankruptcy proceedings, there are some debts that are dischargeable and some that are not. For instance, you can discharge credit card debt in bankruptcy, but you cannot discharge most student loan debt. You’ll need to check to see whether your debt is dischargeable in your bankruptcy. You’ll get relief from most debt when you go through bankruptcy, and if yours applies, then there are no restrictions on filing even when you’re facing a lawsuit.

Does it matter if I already have a judgment against me?
When you file for bankruptcy, the court in question will conduct an inquiry into your finances. It will confirm whether you were being truthful and whether you actually have legitimate insolvency. If you are legitimately broke, then it does not matter whether you have been served initially, whether you have been hit with a judgment, or whether you’re in the middle of a court battle. If you happened to file bankruptcy without merit, then you will be denied just as you would if you had no court proceedings going on. Bankruptcy courts have a built-in protection that prevents people from fraudulently filing bankruptcy to avoid paying what they owe. This means they won’t stop you from making a legitimate bankruptcy claim if you qualify.

Fraud exceptions matter
There are some lawsuits and judgments that cannot be discharged in bankruptcy. For instance, if you have been found to have committed fraud, then the judgment against you likely cannot be discharged. There are rules in place that prevent you from declaring bankruptcy prior to receiving this kind of judgement, as well. If the court finds that you are trying to declare bankruptcy because a lawsuit on fraud is imminent, then you may still be liable. Know that the allowances on bankruptcy filings during lawsuits are much more limited when you’re accused of fraudulent behavior.

Jim Treebold

Jim Treebold is a North Carolina based writer. He lives by the mantra of “Learn 1 new thing each day”! Jim loves to write, read, pedal around on his electric bike and dream of big things. Drop him a line if you like his writing, he loves hearing from his readers!

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Finding A U.S. Visa Number

If a person has a visa that has been recently issued, it will have the number printed near the bottom right area. These numbers are eight digits long and printed in red ink. The sequence of the number may be alphanumeric, which means that it contains both letters and numbers. If an individual has a visa that’s older, the visa number will be printed near the top center area.

When Will A Person Need A Visa Number?

Even though a person may be holding a visa to the United States, that does not grant them permission to enter. In order to gain entry, a foreigner must also have a passport in their possession. The passport will be from the country where they are a citizen. The U.S. Visa number will be used to verify the reason why a person is entering the United States. This number will also be required if a foreigner is beginning work or school in the U.S.

No Visa Required To Enter

Foreigners are not always required to have a visa when entering the United States. Citizens from some countries are allowed to enter with just their passport. These individuals are part of the Visa Waiver Program. Some of the countries where this is allowed include Australia, Germany, Japan and France. The full list includes about 40 different countries.

However, citizens from these countries will still need to meet certain guidelines given by the Department of Homeland Security, and they must also obtain a return ticket within 90 days after arriving in the U.S.

Non-Visa Waiver Program Countries

Due to its close proximity to Canada and strong relationship with the country, Canada is not part of the Visa Waiver Program. Canadian citizens are able to just use a passport when they want to enter the United States. The country of Bermuda is also not part of the Visa Waiver program. However, if a foreigner from either of these two countries is coming into the U.S. to study in an educational program, they will need to obtain a visa or permanently relocate to the country.

Jim Treebold

Jim Treebold is a North Carolina based writer. He lives by the mantra of “Learn 1 new thing each day”! Jim loves to write, read, pedal around on his electric bike and dream of big things. Drop him a line if you like his writing, he loves hearing from his readers!

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A Default Judgment

A judge can also grant a default judgment. This occurs when one of the parties fails to perform an action that is required. As an example, if you have someone served with a summons that states a specified time in which they have to appear in court, a judge can grant a default judgment if that person fails to show up on the specified date.

If a judge grants you a default judgment, it dictates that you will be able to dispute your case and the other person will not be heard. If you received a default judgment in your favor, it will help your case as the judge can only be shown evidence that helps support your side of the case.

A Risk To Both Parties

Most of the time, when a default judgment is given, it is associated with a complaint that has not been answered by a defendant. However, there is a possibility that a plaintiff can receive a default judgment. This might occur if a defendant filed a counterclaim against a plaintiff. In that situation, if the plaintiff failed to make a response to the defendant’s counterclaim, there is a possibility that a judge could grant a default judgment to the defendant.

Seeking Relief

When a judgment is handed out by a judge, the losing party usually has to pay a sum of money to the party who is the winner. If the plaintiff is the winner, he or she may seize bank accounts, vehicles and personal property that belongs to the person who lost the judgment.

Setting Aside A Judgment

Since the consequences that are associated with a judgment are sometimes severe, state laws mandate that a defaulting party can file a motion that asks the court to set aside the judgment that was given. In this type of situation, many states will require that a valid excuse must be proven to act as a defense against the claims of the opposing party.

In some states, a time limitation is set that mandates a period in which a default judgment can be vacated. It’s important to act immediately if you are the defaulting party so you don’t lose this right.

Jim Treebold

Jim Treebold is a North Carolina based writer. He lives by the mantra of “Learn 1 new thing each day”! Jim loves to write, read, pedal around on his electric bike and dream of big things. Drop him a line if you like his writing, he loves hearing from his readers!

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What Gets Discharged In Bankruptcy?

In most states, any unsecured debt gets discharged in a bankruptcy. Unsecured debt includes credit cards, unsecured loans, judgments against you and medical bills. As long as a debt is not tied to any kind of collateral or other types of asset, it can qualify to be discharged in bankruptcy.

Can I Be Sued While Filing Bankruptcy?

The short answer to whether or not you can be sued if you are filing bankruptcy is maybe. In most states, the courts will allow the case to go to completion and then deal with whatever judgment has been made. The most common reason people get sued is because of a car accident. Your liability for any judgment against you after a car accident while you are filing bankruptcy depends on several factors.

What Are The Laws In Your State?

Some states allow judgments to stand that were determined before the actual discharge took place. If you are filing chapter 7, then there is a chance that your judgment could be discharged. But if you are filing chapter 13, then the court might roll your judgment into your debt pool and force you to pay it.

What Are The Circumstances Surrounding Your Judgment?

If your case is a standard auto accident claim, then you stand a good chance of being able to discharge the debt in bankruptcy. But if it is discovered that you were under the influence of drugs or alcohol when your accident occurred, then the courts may leave your judgment in effect and force you to pay it back.

The State And The Court

The reality is that the decision on whether your lawsuit will be discharged in your pending bankruptcy is up to the laws of your state and the disposition of the judge. Most states leave plenty of leeway for judges to use their own personal judgment on whether or not a lawsuit can be discharged in your bankruptcy.

Declaring bankruptcy can protect you from some very large unsecured debts and court judgments against you. If you are filing bankruptcy when you get sued, then there is a good chance that the judgment will get discharged and you will never have to worry about it.

Jim Treebold

Jim Treebold is a North Carolina based writer. He lives by the mantra of “Learn 1 new thing each day”! Jim loves to write, read, pedal around on his electric bike and dream of big things. Drop him a line if you like his writing, he loves hearing from his readers!

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Wait For The Letter

When your state Medicaid office receives your application, it will send out a letter that will give you a date you can expect coverage to start. At some point before that date, you should get insurance cards in the mail and a confirmation of the effective date. If you don’t mind waiting, then you will get your application status mailed to you.

Look Online

These days, most states have an online application process set up for Medicaid that makes the process much easier. When you submit your application online, the website will create an account for you. If you ever want to check the status of your application, then you can just log into your online account and check.

Call The Medicaid Office

The paperwork you receive from your state’s Medicaid office will have a phone number you can call to check on the status of your application. Most states use an automated system that will require information found on the letter. If you do manage to speak to a person, then that person will need your application information to check your status.

Go To Your Medicaid Office

Your local Medicaid office is usually a busy place, but it is still an option you can use to check on the status of your application. One of the big advantages of visiting the local office is you can make any corrections to your application if they are needed right on the spot.

It takes time for your state to process a Medicaid application, but rest assured that your application will be processed. If you have been declined for Medicaid, then you will usually get a letter explaining why you are being denied. The online application option makes everything easier, and that should be the option you choose to submit your application and check on its status, if that option is offered by your state.

Jim Treebold

Jim Treebold is a North Carolina based writer. He lives by the mantra of “Learn 1 new thing each day”! Jim loves to write, read, pedal around on his electric bike and dream of big things. Drop him a line if you like his writing, he loves hearing from his readers!

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Inheritance Versus The Sale Of Real Estate

Most states have laws that separate the process of inheriting a property from buying real estate very clearly. There are provisions made for allowing for the transfer of the deed and the loan to the person who inherited the property. But lenders are allowed to have their own rules, and many lenders choose to insist that the loan for the property remains written for the deceased and that cannot change.

Due On Sale

Most mortgages have a “due on sale” clause that says that the loan must be paid in full before the property can be transferred to a new owner. One way to bypass is to sign the promissory note for the property, but this involves a full credit check and approved financing. If you have bad or questionable credit, then you are not going to be able to sign the note and the bank can call on the due on sale clause before it will allow the property to be transferred.

Get The Deed Changed

If the mortgage holder on the home you inherited is playing a hard line with the loan, then the first step you should take is to use your status as the designated property owner to get the deed in your name. You can do this very simply by using the quitclaim deed process and the will from the deceased.

Make The Payments

In the end, all the mortgage holder wants is the money for the loan. As you are getting the quitclaim deed straightened out, all you need to do to keep the property from being seized is make the monthly mortgage payments. Some lenders might still try to seize the property, but if the lender is getting its money then it is unlikely to take action.

Refinance When You Can

The only way to transfer a loan from one person to another is to refinance the property in your name. As you are making the payments on the loan, you should take steps to improve your credit and then refinance the property in your name when the time comes.

Inheriting a house does not automatically mean that it is yours free and clear. If there is still a loan against the property, then you will have to work with the mortgage holder to determine what can be done to transfer the loan to your name.

Jim Treebold

Jim Treebold is a North Carolina based writer. He lives by the mantra of “Learn 1 new thing each day”! Jim loves to write, read, pedal around on his electric bike and dream of big things. Drop him a line if you like his writing, he loves hearing from his readers!

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Named Versus Open Peril

There are two types of window coverage on most homeowner policies; named peril and open peril. A named peril policy has a specific list of situations where a broken window would be covered, while an open peril policy is much more liberal in its coverage. Most open peril policies still have exclusions, but they are not as restrictive as named peril. For example, if the paperboy throws your newspaper threw your window and breaks it, then you might be covered with an open peril policy, but coverage is doubtful with a named peril agreement.

Getting Past Your Deductible

Let’s say a branch goes through your kitchen window and you want to make a claim. It is important to remember that once you insist on an adjuster coming to your home, the claim will officially be made against your policy. If the adjuster estimates the damage to be $200.00 and you have a $500.00 per incident deductible, then you will have to pay the costs for the repairs out of your pocket. In this instance, it is not worth it to use your homeowners insurance.

Claims Can Cause Your Premiums To Rise

Once the adjuster informs you that the damage does not exceed your deductible, the adjuster will then make a report back to the insurance company. You will be issued a claim, but you will still have to pay for the damage yourself. Whenever you make a claim against your homeowners insurance, your insurance company considers that to be a bad mark on your policy. If you collect too many claims, your premiums could go up or your insurance company could drop you.

More than likely, your homeowners insurance allows for some type of coverage for a broken window. But in most cases, the cost of a broken window does not exceed the policy deductible, and making that claim could cost you more money on insurance in the long run. Even though your insurance probably covers the broken window, you are better off doing the repairs yourself.

Jim Treebold

Jim Treebold is a North Carolina based writer. He lives by the mantra of “Learn 1 new thing each day”! Jim loves to write, read, pedal around on his electric bike and dream of big things. Drop him a line if you like his writing, he loves hearing from his readers!

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Deed – You can transfer the ownership of real property with this legal document
Grantor- This is a person who is transferring their ownership interest in real property
Grantee – This individual is the person who an interest in real property is transferred to

How Is A QuitClaim Deed Filed?

The main purpose of a quitclaim deed is to transfer the ownership of real estate from one person to another. If you use this type of deed to transfer property, there is no guarantee from a title insurance company. A grantor transfers their interest in some property that they own without any examination to make sure that all legal ramifications are correct. If there are any legal problems after this type of deed is made, the grantee does not have any standing by which they can sue.

Why Is It Used?

A quitclaim deed is usually used when a grantee is 100 percent sure that the grantee is the owner of the property in question. Typically, these type of transfers are made if you are getting married or have complete trust in the other party. They are also used if you are involved in a divorce as they can quickly remove your name or your spouse’s name from a deed.

Warranty Deeds

If you are involved in a real estate transaction that involves the transfer of property and you aren’t associated with the buyer or seller, you would want to use a warranty deed for the transfer. This type of deed guarantees the grantee that everything is legal with the title. This type of title will be checked by a title insurance company to make sure that it is authentic and that all legal ramifications are correct.

Quitclaim Deed Requirements

To be valid, it is necessary for a quitclaim deed to be notarized by a notary public or an attorney. A quitclaim deed should include the following information:

– The date that the property will be transferred
– Name and address of the grantor
– Name and address of the grantee
– Legal description of the property
– The sales price of the property — Use one dollar if there is no sales transaction taking place.
– Tax parcel number

Once a quitclaim deed has been signed by all parties involved and notarized by a Notary Public, it should be filed in the same county where the property is located. Typically, this is done at a county auditor’s office.

Jim Treebold

Jim Treebold is a North Carolina based writer. He lives by the mantra of “Learn 1 new thing each day”! Jim loves to write, read, pedal around on his electric bike and dream of big things. Drop him a line if you like his writing, he loves hearing from his readers!

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Federal Tax Return Deduction Rules

The Mortgage Interest Tax Deduction applies to federal tax returns. The rules and amounts that are allowed for deductions will change based on current tax laws. In fact, the Mortgage Interest Tax Deduction could even disappear if legislature provided that type of vote.

When a person utilizes this deduction, the refund that they receive increases in proportion to the amount claimed. For example, if an individual had mortgage interest payments that totaled $5000 a year and they are in a tax bracket where they pay 25 percent, they would receive an additional $1250 when they receive their tax refund.

State Tax Return Deduction Rules

The laws governing state tax returns will vary from state to state. In some areas, the Mortgage Interest Tax Deduction can only be used when taking a deduction off of a person’s federal tax return. In other states, the deduction is recognized and used in different ways.

The allowances made in some of these states regarding this deduction can help cut a person’s taxes by a few hundred dollars. Other tax filers in certain areas are given the opportunity to take a deduction on their state tax return that may even exceed the deduction that they are allowed to take on their federal tax return.

California Rules For Mortgage Interest Deduction

In the state of California, they use the same value that is on an individual’s federal tax return. In essence, individuals who are taxpayers in California can double the amount of mortgage-related deductions that they take on an annual basis.

If a person is filing their taxes in the state of California, they will need to make sure that they include proof of the value used for the Mortgage Interest Tax Deduction on their federal tax return.

This can be accomplished by including a copy of their completed worksheet in Publication 936. The worksheet is used to figure the deduction for home mortgage interest.

The worksheet in Publication 936 walks an individual through the steps of determining a qualified loan limit as well as the final amount of deductible home mortgage interest.

Jim Treebold

Jim Treebold is a North Carolina based writer. He lives by the mantra of “Learn 1 new thing each day”! Jim loves to write, read, pedal around on his electric bike and dream of big things. Drop him a line if you like his writing, he loves hearing from his readers!

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