Articles about statute (0-50 of 1668)

  • Debt Collection Threats: How The Statute Of Limitations Can Protect You
    By: Sergei Lemberg | - There is a lot of confusion when it comes to time-barred debt and the statute of limitations concerning old debt. One of the reasons for the confusion is that many debt collection agencies have renewed their efforts to collect on very old debt, and consumers simply don't know what their rights are, what steps the debt collectors are allowed to take in order in to collect the debt, or how to deal with a collector on this type of debt. Here are the basics that you need to know when it comes to old ...
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  • What You Need To Know About Debt Collectors And The Statute Of Limitations
    By: Sergei Lemberg | - Consumers have a great advantage when it comes to dealing with debt collection efforts when the debt in question has passed the statute of limitations. Unfortunately, not everyone knows about the implications of time-barred debt, and that leads many people to be frightened into paying debt when they really don't have to. Because every state's statute of limitations on debt is different, you'll have to look up the limits on your particular debt. If you find that it's time-barred, here are some ti ...
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  • The Impact Of Statute Of Limitations In Ri Personal Injury Cases
    By: Prasad Josh | - Under the laws of Rhode Island, a lawsuit must be filed within three years after the incident causing your personal injury occurred. An insurance company may be sued up to 120 days later in some circumstances, but only if the original lawsuit is filed before this deadline.

    This limitation is extremely important, since your failure to file a personal injury lawsuit within this time could completely destroy the value of your claim. Consider Marvin v. Santos, where a Pennsylvanian res ...

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  • Debt Collection Is Subject To Time Limits
    By: Sergei Lemberg | - How many times have you heard someone say there ought to be a law, usually when it comes to complaints about things that are really minor irritants?

    Well, back in 1977, Congress had heard enough such complaints about a subject that is by no stretch of the imagination a minor irritant - debt collectors.

    Lawmakers on Capitol Hill found abundant evidence that the use of abusive, deceptive and unfair debt collection practices was widespread. They also declared that the effe ...

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  • Understanding Negative Items On Your Credit Report
    By: Denisa Tova, MBA, CFP,CDFA, ChFC, CLU | - Most financial sins stay in your credit report for a minimum of seven years, but there are exceptions, and some items can fester there even longer. Lets take a closer look at the various items and their longevity on your credit report.

    Things that generally remain for seven years include:

    (1) Charge offs. This type of debt is deemed uncollectible by the creditor. This usually occurs when the debtor has fallen seriously behind with his payments, generally about six mo ...

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  • Nevada Has A One Year Statute Of Limitations In Medical Malpractice Lawsuits
    By: Steve Henderson | - Several people still believe that the 2 year statute of limitations for medical malpractice is in effect in Nevada and they unwittingly let their cases expire. This article is meant to inform the general public concerning the change in the law in order to prevent the tragic lapsing of meritorious medical malpractice cases. In 2004 the state of Nevada, by initiative petition, modified the statute of limitations for medical malpractice actions from two years to at least one year. The statute begin ...
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  • Defense Base Act Lawyer Straight Talk: Dba Statute Of Limitations (is Your Dba Claim Timely?)
    By: William Turley | - Many Defense Base Act workers aren't sure about how much time they have in order to file their DBA claim. Here, a Defense Base Act Lawyer discusses the Defense Base Act Statute of Limitations. As always, if you are a seriously injured DBA worker, we strongly advise you consult with a seasoned Defense Base Act Attorney.

    What Is A Statute Of Limitations?

    A statute of limitations puts a cap on the amount of time that can pass between the time of your Defense Base Act inj ...

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  • What Is The Statute Of Limitations For Personal Injury Claims?
    By: Wendy Moyer | - When a person has sustained a personal injury then he or she was physically and/or mentally injured due to either a harmful act or someone else's negligence. Although there are potentially limitless causes for personal injuries, the most common types are the result of car accidents, aviation disasters, dog bites, toxic exposure, and wrongful death.

    Personal injuries can often cause the victim to experience a substantial amount of pain and suffering. Consequently, the injured person ...

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  • Real Estate Contracts And The Statute Of Frauds
    By: Laine T Wagenseller | - Real estate attorneys must be familiar with the concept of the statute of frauds. While the concept is often not applicable in business breach of contract lawsuits, the statute of frauds is something that an attorney in real estate litigation should always consider.

    What is the Statute of Frauds? California Civil Code section 1624 provides that certain types of contracts are unenforceable unless they are in writing. Included in the list of contracts are those that involve the pur ...

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  • Longer Statute Of Limitations On Medical Malpractice Pushed
    By: Terry Henry | - In filing lawsuits of any type, there's a commonplace statute of limitation or the timeframe needed to file a case in court. This statute of limitation, however, varies from state to state. It can vary from as short as six months to as long as four years.

    In the world of medical malpractice, this timeframe pertains to the amount starting at the instance the injury came about or when it had been discovered until the case is filed. Since this deadline exists, it's of utmost importance ...

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  • 3 Key Things You Should Know About Statute Of Limitations In Military Medical Malpractice
    By: Jane.Stafford | - If you or a family member have been injured as a result of medical malpractice at a Veterans Administration (VA) or military medical facility, you may believe that are your circumstances prevent you from filing a claim. Additionally, you may not be aware that there is a time limit for you to file a claim after you have been injured.

    This time limit is generally known as the "statute of limitations." If you fail to file your claim within the statute of limitations, you may be foreve ...

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  • Reglan Litigation Statute Of Limitations Quickly Approaching; Find Help For Your Tardiv Dyskinesia N
    By: Roger Design | - The statute of limitations rule for filing a Reglan law suit is quickly approaching for many throughout the country. This means that those who are suffering from Tardiv Dyskinesia which may have been caused by Reglan and the negligence of Reglan's maker may not get a chance to find the justice that they perhaps deserve, and will need to get in touch with a skilled attorney as soon as possible!

    For a number of states, this is the year in which Reglan lawsuits may no longer be filed, ...

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  • Eligibility For A Denture Cream Lawsuit Settlement Depends On Statute Of Limitations
    By: Jimmie M. Miner | - Those seeking compensation through a denture cream lawsuit settlement must understand that the amount of time to take legal action is not unlimited. Following an incident that leads to the filing of a legal claim, it is important that the ensuing lawsuit takes place relatively promptly. If it does not, key evidence, witnesses, and anything else that is used to substantiate a claim can be lost or corrupted, making legal proceedings ultimately unfair and inaccurate. To avoid this from happening, l ...
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  • Don't Rush Your Injury Claim Or It Could Cost You
    By: Jim Brown | - It's understandable that after being hurt in a car accident many people want to find help as fast as they can. When you have to pay medical bills and you're losing wages you may feel that time is of the essence, but don't let the pressure get to you. Being too quick to file your claim can actually be counterproductive as any good attorney will tell you. Rushing to file your injury claim can may cause you to fall well short of the amount you actually need to help pay your medical bills and replac ...
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  • Know More About The Tennessee Drug Free School Zone Act
    By: Russell F. Thomas | -
    As a criminal defense attorney in Nashville, Russell Thomas explains that Tennessees school zone statute can turn a relatively minor drug offense into a much more serious situation. Here, Thomas talks about what the Tennessee Drug Free School Zone Act is and what it means to someone whos been arrested on a drug charge.

    In Tennessee, the penalties for drug-related offenses can vary widely based on where the crime occurred. Tennessees drug free school zone statute is a ...

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  • Dog Bites: Infection And Rabies, And Filing A Dog Bite Lawsuit
    By: Lawrence Buckfire | - The most common problem following an animal bite is simple infection. The saliva of dogs, is known to contain a wide variety of bacteria. According to one recent study, bacteria or other pathogens show up in about 85 percent of bites. Approximately 4.5 million dog bites occur each year in the United States; about 1% of these bites require hospitalization. Dog bites make up 80-85% of all reported incidents.

    Many factors contribute to the infection rates, including the type of wound i ...

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  • Understanding A Statute Of Limitations
    By: Henry Wade | -
    Henry Wade, who has been practicing law in Texas for over 20 years and is currently a member of The Wade Law Firm, has spent countless hours making sure that people receive the justice they deserve. If you dont have a series of law books accessible to you, or legal jargon makes you cringe, then Wade is happy to assist you with whatever legal questions you may have.

    The law is a complex machine that runs on a series of rules, regulations and guidelines that are often a puz ...

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  • Food Borne Illnesses & Statute Of Limitations For Food Poisoning Lawsuits In Michigan
    By: Lawrence Buckfire | - Food poisoning, also known as food borne illnesses, is common in the Untied States and can often result in very serious injuries. Food poisoning is especially dangerous in cases involving children, the elderly, and those who have compromised immune systems. In the United States there are an estimated 76 million cases of food poisoning or food borne illnesses each year, resulting in approximately 325,000 hospitalizations and 5,000 deaths.

    The most commonly recognized food poisoning c ...

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  • Missouri Wrongful Death Statute-the Role Of Dui Attorney
    By: jacksonwil son | - There are several instances that have caught the attention of the commoners in Missouri in which the death of the people occur due to the fault or wrongful act of some other person. The Missouri wrongful death statute is concerned with the law that surrounds such cases where the death occurs as a result of the negligence or wrong intention of another person. In this case, there are two terms that may be discussed to reflect the negligence from the part of the drivers, DUI and/or DWI.


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  • Auto Accident Statutes Of Limitations: Time Deadlines For Legal Action
    By: Penelope Stone | - Each state has a statute of limitations when it comes to lawsuits concerning automobile accidents. Victims are required to follow these laws when pursuing legal action after an accident.

    Accident Claims
    If you are involved in an accident, make sure you know the statute of limitations in your state. These will differ from state to state so you may have to contact legal counsel to find out about the limitations that apply to your case. You must file your claim in the state that ...

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  • Child Lead Poisoning Hazards, Injuries, & Statute Of Limitations For Michigan Lead Poisoning Cases
    By: Lawrence Buckfire | - Toys with lead paint clearly pose a health hazard, but by far the biggest environmental health hazard to children is lead paint and dust in older homes. This is, and has been, the primary source of child lead poisoning for the last century. In an article published today in the LA Times, this issue was specifically discussed by medical professionals most familiar with this issue.

    "By far and away historically, the major concern about sources for lead has been your home," said Dr. Hel ...

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  • Smoking And Asbestos Exposure Results In Impaired Lung Function
    By: Mont Wrobleski | - One group of people that asbestos exposure has hit considerably hard is sheet metal workers. As many people know, exposure to asbestos has been linked to several diseases including mesothelioma, lung cancer, and asbestosis. We must remain vigilant when it comes to supporting research so we can someday find a cure or at least mitigate the damage to some extent. One study that addresses the issue is called, Asbestos-induced pleural fibrosis and impaired lung function. By Schwartz DA, Fuor ...
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  • Understanding Personal Injury Statute Of Limitation
    By: Jhun Derek Rota | - Filing a personal injury lawsuit against an offender is a good idea because you will be able to exercise your rights. However, there are certain limitations and considerations that you should first fulfill to carry on with your complaint.

    The personal injury statute of limitation is a set of laws that limits the amount of time a complainant can file a civil case. There are several factors that affect these deadlines such as:

    The type of claim

    The l ...

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  • Overview Of Washington State's Wrongful Death Laws - Part Two
    By: Christopher Davis | - The courts have also stated that the surviving parent or sibling need not be wholly or completely dependent on the deceased. Partial dependence has been deemed sufficient. But there must be enough evidence to prove "substantial financial dependence." The financial dependence must also occur at the time of death, as opposed to having occurred in the past or to occur at some point in the future.

    In the case of second-tier beneficiaries, the question of what constitutes substantial fi ...

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  • The Clock Is Ticking On Your Legal Rights: Statute Of Limitations Overview
    By: Phillip Stone | - The statute of limitation, as the name suggests, is a law that sets the time limit during which a specific legal action can take place. Statutes of limitations, enacted by the federal and state legislatures, apply to both the civil and criminal code. Unless specified in the language of the statutes of limitations, judges do not have the authorization to extend these set time limits. Only the legislatures have the authority to extend, or limit, these deadlines.

    There are statutes of ...

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  • How The Statute Of Limitations Impacts Your Rights: Timeliness Of Your Claim
    By: Phillip Stone | - A statute of limitation is state or federal law enacted to protect defendants from lawsuits arising many years after an incident. Plaintiffs must bring legal proceedings within time periods specified in the statute. The purpose for offering this protection to defendants is, over time, evidence may be lost, memories of witnesses to the incident will likely fade, and witnesses may disappear or die. It also ensures defendants a certain peace of mind from continual fear of lawsuits indefinitely.

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  • Surviving Family Members And Eligibility For Filing A Wrongful Death Claim
    By: Phillip Stone | - If you have lost a loved one due to the actions of another person, you may have a wrongful death lawsuit. Whether the death was the result of negligence or was caused intentionally, you may be entitled to retrieve monetary compensation for the injustice you have suffered.

    Beneficiaries of a wrongful death lawsuit
    Wrongful death lawsuits are typically filed to benefit surviving spouses, children, or other dependents of the deceased. While monetary compensation will not relieve ...

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  • Learning About Legal Issues And Information: Statute Of Limitations Defined
    By: Phillip Stone | - A statute of limitations is a determinant of how much time a victim of a crime or civil injury has to commence litigation. Statutes of limitations are legal limits designed to protect defendants by imposing a reasonable number of years that a plaintiff may bring action against them for an alleged wrongdoing.

    Practical Implications of a Statute of Limitations
    Each state has its own statute of limitations attached to various litigation issues, while federal statutes of limitatio ...

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  • Overview Of Washington State's Wrongful Death Laws - Part One
    By: Christopher Davis | - The state of Washington has two main statutes that govern wrongful death actions. There is a general wrongful death statute and one that specifically applies to a parent's cause of action for the death of a child. In addition, there are statutes that address survival actions (e.g., to recover those damages the deceased could have claimed had the deceased survived). To some extent, these laws may overlap, particularly when a cause of action may include facts to support different theories of li ...
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  • Who Can File A Personal Injury Lawsuit? - Legal Issues And Important Information
    By: Phillip Stone | - A personal injury lawsuit is your best bet for recouping a loss after an injury in which you have suffered a physical and financial setback due to an accident or intentional wrong to either your person or your property. A viable lawsuit can relieve the burden of medical bills, lost wages, reparation of property, and the emotional stress and anxiety of trying to gain back the losses you have incurred because of anothers negligent behavior.

    Circumstances for filing a personal injur ...

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  • The Basics Of The California Whistleblower Protection Statute
    By: Mark Dacanay | - There are various whistleblower laws and acts that protect the rights of people to report illegal practices in the workplace.

    One of those laws is the California Whistleblower Protection Statute.

    The California Whistleblowers Protection Statute is also known as Senate Bill 777 or SB 777. Senate Bill 777 was signed onto law by then California Governor Gray Davis last 2003. The law took effect last January 2004.

    The law applies to all employers in California ...

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  • Learn How To Negotiate With Collection Agencies
    By: Michael Redbourn | - The very first thing that needs to be understood is that if the original creditor sold or assigned your debt to a collection agency, then you have only the collection agency to talk to, so forget about running back to the original creditor, because it's too late.

    Second off, and before we do anything else we need to be clear about what is meant by the term, Collection Agency, and it is basically one of three things:

    1) A company that has been assigned a debt, for colle ...

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  • Find Out What Debt Validation Means And Why It's Important
    By: Michael Redbourn | - Picture for a instant, that you owe somebody named Joe some money, and somebody phones you or rings your doorbell, and when you answer a person by the name of Victor says that he's been authorized by Joe to collect the money that you owe him.

    Even if you had the money, and knew that you owed it, would you pay this new person on the scene?

    I'm pretty sure that you wouldn't even consider for a moment giving Victor any money, until you were 100% sure that he was really act ...

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  • Accident Litigation Terms In Kentucky
    By: Michael Schafer | - What is a Statute of Limitations?

    You only have a certain amount of time to settle your case or file a lawsuit. In Kentucky this time is two (2) years from the date of the accident or two (2) years from the date of the last medical no-fault payment is made not to exceed four (4) years. This deadline is called the "Statute of Limitations". Is your head spinning? As you can tell determining the statute of limitations is very technical. Either contact an attorney or play it safe and f ...

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  • Understanding Personal Injury And Statute Of Limitations
    By: Ivonne Jade Agustin | - After an accident, it is crucial for the victim to immediately look for a lawyer who can help him do necessary civil legal actions against the offender before the personal injury statute of limitations expires.

    For personal injury cases, the statute of limitations is two years after the accident took place in most states like California. Aside from this, there are other statutes that can limit the period of filing of a lawsuit and may include exemptions.

    To avoid co ...

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  • Wrongful Death: What You Need To Know
    By: Nemilou Despuez | - Q: What is the importance of wrongful death claims?

    A: These monetary claims were created to provide financial support to people who have lost a family member due to negligence of another individual. Also, these claims will also deter people from being negligent and promote a sense of responsibility for the safety of other individuals.

    Q: Who can file wrongful death claims?

    A: All states allow immediate family members including spouse, children (even ...

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  • Legal Process In Iowa Workers? Compensation: Why You Shouldn't Wait To File A Petition
    By: Corey Walker | - In certain cases it is sometimes useless to try to reach settlement with the insurance company. Insurance companies tend to use the pre-negotiation step to find out as much as they can about you, your attorney, and your medical history instead of analyzing the case and trying to come to terms with both parties.

    Here are additional reasons why you should file a petition instead of waiting for the insurance company to come around with a respectable offer:

    1. Statute o ...

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  • Why Do You Need Attorneys: Learn How To Analyze Criminal Statutes
    By: Jeff Ryan | - More often than not, you may be unaware of many law violations and understanding how to read them. It is always good idea to be able to assess whether it has been really broken, or you've been simply dragged into legal trouble for no reason.

    It may sound pretty silly but basically the criminal statuses segregate the crimes as per required acts as well as state of mind of the accused person. This is where lawyers and attorneys come into picture, and make the difference in the outco ...

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  • Learn About Personal Injury Lawsuits And How To Pursue Your Claim
    By: Daniel Beasley | - Personal injury lawsuits can prove complicated and confusing. Find out the answers to some of the most frequently asked questions about personal injury lawsuits to help you determine what steps you need to take if you have been injured.

    Do I have to file a lawsuit if I have been injured by another party?
    You are never required to file any lawsuit that you don't want to, so you do not have to file a personal injury lawsuit. However, you do want to make sure that you ...

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  • Questioning Your Rights With Regard To Wrongful Death Claims
    By: Daniel Beasley | - Dealing with a wrongful death lawsuit is a traumatizing ordeal. Here are the answers to some of the most frequently asked questions about wrongful death lawsuits and claims.

    What is a wrongful death lawsuit?
    A wrongful death lawsuit is a case brought upon a negligent party by the family members of the deceased, who have been injured due to the death of their family member. Definitions of wrongful death can vary from state to state, but all states have some type of s ...

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  • Judgment Recovery And Statute Of Limitations For Judgment Recovery
    By: David Jbalington | - The Judgment recovery statue of limitations regards the amount of time given for judgment recovery professional or judgment recovery specialist for judgment recovery after a judgment has been awarded. Statue of Limitations for judgment recovery - is an act that was passed by the civil body in the legislatively assembly and was incorporated as a civil law code. The statue of limitation for judgment recovery is also known as Period of prescription for judgment recovery - or - the prescriptive peri ...
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  • Civil Law: Understanding The Basics Of Civil Procedure
    By: Jeff Ryan | - Statistically speaking, odds are that the average person will end up involved in a lawsuit - either as a plaintiff or defendant - at least one time during the course of his or her life. (This does not include being involved in a divorce case; rather, this refers to the statistical probability that a person will be involved in a lawsuit involving a personal injury or contract dispute at some point during his or her lifetime.)

    Because it is likely that a person will end up involved ...

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  • Equal Pay Today - Tomorrow The White House
    By: Patricia L Johnson | - "The female-to-male earnings ratio of 0.77 in 2006 was not statistically different from the 2005 ratio..."

    That is a direct quote from the recent "Income, Poverty, and Health Insurance Coverage in the United States: 2006" released by the U.S. Census Bureau in August of 2007.

    In this day and age, why would any person be willing to earn .23 cents less on a dollar just because they are a female? Are you satisfied earning 77 cents for every dollar the guy in the ne ...

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  • How To Enforce An Oral Real Estate Contract
    By: Bob Miles | - The Statue of Frauds, enacted in similar form in every state, prohibits the enforcement of a sale of real estate supported only by an oral contract. Many people don't realize that there are many transactions that can indeed be legally binding based on an oral contract, but the sale of real estate isn't one of them.

    Or is it?

    If you screwed up on this one (didn't sign a contract at all, or lost your only copy), a good lawyer might be able to help you get around the S ...

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  • Can You Enforce An Oral Contract For The Sale Of Real Estate?
    By: Bob Miles | - The simple answer is No, you can't, because every state has enacted a Statute of Frauds requiring contracts for an interest in the sale of an interest in land. But hey, it's never that simple with the law, which is why we've got so many lawyers running around. So if you've concluded an oral contract for the sale of real estate and the other party is pretending that the contract never existed because it wasn't written down, don't despair (at least until you've read this article), because there ...
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  • Some Things You Should Know About The Statute Of Limitations On Credit Card Debt
    By: Anthony Samuel | - Every state has a statute of limitations on credit card debt. The statute of limitations on credit card debts refers to the phase after which, creditors cannot take legal action on you to accumulate the debt. The span of time is calculated from your preceding payment date or when you last utilized your credit card for any transaction.

    In the credit sector, the statute of limitations on credit card debt does not exist unless you bring it up. Debt collectors and scrap debt buyers s ...

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  • Airbag Injuries And Wrongful Deaths
    By: Taylore Vance | - Have you or a love one been injured by an airbag? What can you do? Check an attorney in your state because there are slightly different rules regarding who can sue for wrongful death or injury.

    Generally speaking you must be either the personal representative (a person who manages the affairs of another because of incapacity or death), child, spouse, or parent of the person killed. In other words, if your friend is killed you cannot sue for wrongful death

    What is ...

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  • Trusts - Delaware Or Rode Island?
    By: Les Raketti | - Only four States allow one to set up a trust and be a protected inheritor as well. Missouri and Colorado have comparable laws but the common understanding is that those statutes do not work. Of the four States, Nevada has the shortest statue of limitations period - that is the time difference between the date the asset is moved to the trust and the date the asset is secured. In Nevada the length of time is six months or two years after the creditor finds out or should of known whichever is longe ...
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  • Legal Significance Of Digital Signatures
    By: Nicolas D | - A cornerstone of United States contract law is the general application of the Statute of Frauds to contractual agreements. Emerging forms of electronic commerce and new types of contractual relationships have begun challenge the very idea of defining the four corners of a contract. Many obstacles concerning contractual relationships arise with the proliferation of electronic commerce, most notably determining what constitutes a valid signature. Traditionally, the Statute of Frauds is a collectiv ...
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