Definitions (Page 3)

Size: px
Start display at page:

Download "Definitions (Page 3)"

Transcription

1 Dealing With Subpoenas, Summonses, Garnishments & Tax Levies by Terri D. Thomas, JD January 8, 2014 Definitions (Page 3) Subpoena - A command to appear in court or other hearing at a certain time and place in order to give testimony (typically as a witness): Subpoena ad testificandum (appear and give testimony) Subpoena duces tecum (appear and bring documents with you). 2

2 Summons An instrument used to commence a civil action or special proceeding against a person/entity. Note, the IRS refers to a subpoena for financial institution records as an IRS summons. 3 Garnishment A statutory proceeding whereby a person s property, money or credits in possession or under control of another are applied to the payment of the former s debt to a third party. 4

3 Forfeiture A proceeding in which a government agency can seize property as a result of a commission of a crime or some other fault or penalty. 5 Tax Levy A proceeding in which money is obtained for the payment of taxes that are past due. 6

4 The Right to Privacy- Does it really exist??? (Page 4) There is no specific right to privacy in the Bill of Rights, however, the right to privacy is considered to be in the penumbra of the Bill of Rights. 7 Is the Right to Privacy Absolute? No. In United States v. Miller (1976), the U.S. Supreme Court stated that customers had no legal right of privacy regarding their financial records held by financial institutions. 8

5 Right to Financial Privacy Act (Page 5) In response to the United States v. Miller decision of the U.S. Supreme Court, Congress passed the Right to Financial Privacy Act (RFPA). 9 RFPA sets forth that no Government authority may have access to or obtain copies of, or the information contained in the financial records of any customer from a financial institution unless the financial records are reasonably described and: The customer authorizes access; There is an appropriate subpoena or summons; There is a qualified search warrant; There is an appropriate judicial subpoena; OR There is an appropriate written request from an authorized government authority. 10

6 Advance Notice Required RFPA requires that the requesting federal government agency give the customer advance notice of the requested disclosure, giving the customer opportunity to challenge the government s access. The agency must serve the customer with a copy of its request or order, or mail a copy to the customer on or before the date which it serves the order or delivers or mails the request to the financial institution maintaining the records. The customer has 10 days from the date of service, or 14 days from the date of mailing, to challenge the disclosure. 11 Application The act only governs disclosures to the federal government. It does not govern inquiries from private businesses or state/local government agencies. RFPA-covered customers are individuals or partnerships of 5 or fewer individuals. Corporations, trusts, estates, unincorporated associations - such as unions and large partnerships - are not covered by the RFPA. 12

7 Exceptions to RFPA (Page 6) Disclosures that do not identify a particular customer. Disclosures in the financial institution s interest. Disclosures in connection with supervisory investigations and proceedings. Disclosures under the US Tax Code (separate summons requirements). Disclosures pursuant to other federal statutes or rules, administrative or judicial proceedings, and legitimate functions of supervisory agencies. Emergency disclosures and disclosure to federal agencies charged with foreign intelligence or counter intelligence or other national security protection 13 functions. RFPA and State Law (Page 7) RFPA does not apply to request for orders for information by state and local government entities. Some states have their own versions of the RFPA. 14

8 The Financial Institution s Duty (Page 8) Financial institutions should follow the instructions of the formal document served upon it. It should not deliver records to the federal agency until such time that the federal agency certifies its compliance with RFPA. If the agency refuses, it should indicate which exception of the RFPA it is relying upon in order to obtain the information. 15 Privacy of Consumer Financial Information (Regulation P)- (Page 9) The Act does not specifically deal with financial information provided to government agencies. It deals with the disclosure of non-public information to third parties. A financial institution must disclose to a consumer customer its policy with regards to disclosing non-public information to third parties and provide the customer with the right to opt-out. There are certain disclosures of non-public information for which a customer does not have the right to opt-out. 16

9 Exceptions to the Opt-Out - (Page 9) To comply with federal, state or local laws, rules or other applicable legal requirements; To comply with a properly authorized civil, criminal, or regulatory subpoena, investigation or summons by federal, state or local authorities. 17 Processing Subpoena Requests- (Page 9 & 10) Ask yourself the following questions: Does the court issuing the subpoena have jurisdiction? Normally, a subpoena issued in one state court is not valid in another state. 18

10 Is the subpoena overly broad or burdensome? You may be able to work with the subpoenaing party to limit the amount of information being provided. Sometimes, the subpoena is so burdensome that a motion to quash may be justified. 19 Is there time to comply? If not, you may be able to request an extension of time to comply. 20

11 Is the subpoena confidential? An order prohibiting the financial institution from notifying the customer may be issued in cases where the financial institution insists that it is going to inform the customer of the subpoena. If so, you will not be permitted to notify the customer about the subpoena. 21 Was it issued by a court? If not, confirm that the subpoena has been validly issued in accordance with state law by contacting local counsel. 22

12 Steps in Processing (Page 11) Don t ignore the subpoena. Comply with the request fully unless you specifically have the permission to do less than what is ordered. 23 Contact the subpoenaing party to clarify the request if there are questions, or to limit the search and production criteria if the request appears to be a fishing expedition. 24

13 Be advised, courts rarely grant motions to quash, so, normally it is not worth the financial institution s time and money to pursue limitations through the court system. 25 For federal subpoenas, Regulation S allows for reimbursement of costs with certain Right to Financial Privacy requests. For state subpoena requests, states will frequently have similar cost reimbursement statutes. Keep detailed records of expenses. Can request payment up front for photocopies. You can normally request that delivery of the documents be arranged for by the subpoenaing party, or delivered by the financial institution directly to the court. 26

14 Electronically Stored Information (ESI)- (Page 12) FRCP Rules allow a party to subpoena ESI. ESI includes s, voice mails, hard drives, word processing files, spreadsheets, data bases, Internet website data, and potentially even backup tapes. 27 Two reasons for objecting to ESI subpoena request: Subject to privilege (attorney-client privilege) or attorney work product; Too burdensome or costly to produce. 28

15 Safe Harbor Protection Not liable if ESI has been modified, overwritten or deleted as part of normal, routine and good faith document retention program. Need policies/ procedures to support. 29 General obligation Duty to preserve ESI arises when a party receives notice or should know that specific information or types of information are relevant to existing litigation or investigation, or to litigation or investigation that is reasonably anticipated in the foreseeable future. 30

16 Federal Grand Jury Subpoena (Page 12) Typically, grand jury subpoenas are confidential. A financial institution will be prohibited from notifying the customer if such a subpoena is received. Warnings of confidentiality are usually included with the subpoena instructions. If you do not fully comply with a grand jury request, and your failure to comply is not excused, multiple grand jury subpoenas can be served on the financial institution, and perhaps a search warrant will be used as an alternative. 31 Processing Summonses (Page 13) Note the time and date of service, as well as the initials of the party receiving service. The financial institution will be required to appear and answer the plaintiff s petition or will be permitted to file an answer in order to preserve its standing. 32

17 If no answer or appearance is made as directed, a default judgment will be rendered against the financial institution. In some instances, a court will set aside a default judgment if the defaulting party had a valid reason or excuse for failing to answer or appear. Ignoring or misplacing the summons will not be considered valid excuses. 33 Processing Garnishments (Page 13) The parties are: Plaintiff (garnishing creditor), Defendant (judgment debtor), Garnishee (financial institution). Federal-based action: If the garnishment is issued in a federal court judgment, state garnishment law will be followed when it s a private party action. Federal law will apply when the United States is a party. The garnishment must be issued through a court in the same state where the assets are located. Out-of-state judgments normally have to be registered in the state where the subject property is located. 34

18 The garnishment form will provide the financial institution with instructions regarding: Time period for which the financial institution is accountable; Time period for answering; Effect of not answering Fees that can be assessed by the financial institution/garnishee for processing; Amount to hold; What can be done if no order to pay in is received by the financial institution/garnishee. 35 Processing Issues (same rules generally apply to tax levies, except where noted)-page 14 Note the time and date of service, as well as the initials of person receiving the garnishment. Does the financial institution have an account owned by the debtor? The garnishment will only attach to accounts for which the debtor has legal ownership. The garnishment will not normally attach to accounts where the defendant is simply an authorized signer, trustee or beneficiary. 36

19 Does the account have any direct deposits of federal benefit payments? Federal regulations require the financial institution to calculate the amount of funds that should be preserved for customer use when a garnishment is served pertaining to a customer who receives direct deposits of federal benefit payments. 37 Any Questions? 38

20 Garnishing Federal Benefit Payments (Page 15)- Account Holder - A natural person who is the owner or beneficial owner of an account; Account - will be a deposit account to which a Federal benefit payment is routed and credited. In cases where a payment recipient is assigned a customer/member number or there is a master account for the customer, that doesn t represent an account per se, but that serves as a prefix for individual sub accounts, it is the sub account (and not the master account ) that is subject to the account review and lookback period. The term does not include securities, real estate, alternative investment or other asset accounts or address any protection that may exist for securities or other assets purchased with Federal benefit payments. 39 Definitions, cont. Benefit Payment - Direct deposit payments that include an XX in positions 54 and 55 of the Company Entry Description field and a 2 in position 79 in the Batch Header Record. The term does not include a check. Lookback Period - The two month period that begins on the date preceding the date of the account review and ends on the corresponding date of the month, two months earlier. 40

21 Definitions, cont. Garnishment/Garnishment Order- includes a writ, order, notice, summons, judgment, levy or similar written instruction issued by a court, a State or State agency, a municipality or municipal corporation, or a State child support enforcement agency, including a lien arising by operation of law for overdue child support or an order to freeze the assets in an account, to effect a garnishment against the debtor. Will not include an IRS Tax Levy. 41 Definitions, cont. Protected Amount - The lesser of the sum of all benefit payments posted to an account between the close of business on the beginning date of the lookback period and the open of business on the ending date of the lookback period, or the balance of the account at the time of the account review. 42

22 Processing Steps (Page 16) Step 1: Is creditor the US government or a state child support enforcement agency? If yes, then follow customary procedures (hold the federal benefit funds). For court- issued orders, the US government or child support agency will provide notice that the order is exempt from the rules. If no, proceed with analysis (IRS Tax Levy will not have a notice); 43 Process, cont. Step 2: The financial institution must review the account history to determine if one or more exempt federal benefit payments were DIRECTLY DEPOSITED during the previous two months. This period of time is referred to as the lookback period. The account review must be done within two business days following the date the garnishment was received, however, the period may be expanded if the financial institution needs additional information to identify the account owner; 44

23 Account Review and the Lookback Period If the financial institution finds no benefit payments were deposited during the lookback period, the financial institution will follow its customary procedures for handling garnishments pursuant to state law. The lookback period is not 60 days, but instead is two months. The two month period begins on the date preceding the date of the account review and ends on the corresponding date of the month two months earlier or on the last date of the month two months earlier if the corresponding date does not exist. 45 Extension of Account Review Time Frame The two-business-day time frame for performing the account review may be extended, with permission of the plaintiff-creditor, if a large number of garnishment orders are submitted by that plaintiff-creditor. However, this exception doesn t apply if financial institution receives a large number of single garnishments from different plaintiff-creditors. The financial institution is required to keep records on such batch garnishments and creditor permissions. 46

24 Insufficient information: If the garnishment order does not provide enough information to identify the account owner, the financial institution does not begin counting the two-day period until the information is received. 47 Account Review- Other Issues Financial institution can not take any action on an account until the account review is completed; Financial institution must do a separate account review for each account owned, and do a separate calculation for each account; If the account review shows no federal benefit payments, then financial institution follows its customary procedure for garnishments pursuant to state law; and If account review shows that there were federal benefit payments, financial institution is required to calculate the amount that is protected. 48

25 Irrelevant Factors in Account Review The following were determined by the Agencies to be irrelevant: Commingling of exempt and nonexempt funds in the account; Existence of a co-owner on the account; Whether benefit payments to multiple beneficiaries are deposited to the same account; Any instructions in garnishment order are NOT relevant, including information on the nature of the debt or underlying obligation. 49 Process: Step 3: The financial institution must allow the customer to have access to the protected amount which is equal to the lesser of the sum of the exempt payments directly deposited during the lookback period, or to the balance of the account at the time of the account review (not necessarily the day of the garnishment). 50

26 Access to Protected Amount, cont. The financial institution s calculation of the protected amount which is exempt from garnishment is NOT subject to a legal action by a creditor that is challenging the determination. 51 No Actions After Account Review Garnishment fee can only be taken within five business days after the account review and only from unprotected funds. Financial institution may not later freeze funds deposited after account review, and may not later take a garnishment fee. Any actions taken must be based on the balance in the account from transactions occurring at or before the open of business on the date of account review. 52

27 Process Step 4: The financial institution must notify the account owner that the financial institution has received a garnishment if there are unprotected funds to be sent to the creditor. The Notice must explain what a garnishment is and include other information regarding the accountholder s rights. The model notice can be found in Appendix A of the regulation or in can be found in the US Treasury Guide at Appendix How do you handle jointly-owned accounts? (Page 18) Joint Tenants with Rights of Survivorship States are divided on how much of the account to attach. Contact local counsel for guidance. Note: IRS Levy will attach whole account. 54

28 Tenancy in Common The judgment debtor s prorated share of the account is typically held, however, some states would mandate a full 100% of the account be held. Contact local counsel for guidance. Note: IRS Levy will attach whole account. 55 Tenancy by the Entirety If only one spouse is the subject of the garnishment, then 0% is held, since the husband and wife are viewed as a single legal unit. IRS Levy will attach to at least half of the account, and possibly to the whole account. Consult local counsel. 56

29 Special wording, such as If your account is a joint account, we may pay all amounts in the account in satisfaction of any levy, garnishment or court order, even if it attaches to the interests of fewer than all of the accountholders may help in your deposit agreement. 57 Federal Benefits not Directly Deposited and State-Based Exemptions (Page-19) Federal benefits (not directly deposited), and certain other deposits, are frequently exempt from garnishment. The financial institution is not obligated to raise the exemptions on behalf of the judgment debtor (although some states do require the financial institution to notify the parties if the exemptions may apply). If the only deposits to the account in question are social security deposits (or the only account is an exempt asset, such as an IRA), then the financial institution can normally raise the exemption on behalf of the judgment debtor. 58

30 Loans v. Accounts (Page 19) A th Circuit Court of Appeals decision best describes what can happen when a financial institution is caught in the garnishment-loan trap: In Waelder Oil & Gas, Inc. v. Southwestern Glass Co., the Debtor had a line of credit in which, as checks were presented for payment against Debtor s checking account, funds were advanced from the line of credit and put into the checking account to pay the checks. Garnishing creditor claimed that the bank should have reported the deposits on hand as a result of an advance from the line of credit as assets of the debtor on the garnishment answer. The court agreed. 59 The Creditor had a right to the advances that flowed through the checking account because, for a brief time between the transfer of proceeds from the line of credit into the checking account and the payment of the checks, the proceeds became money belonging to the debtor. The Court further found that the bank had failed to answer the garnishment interrogatories truthfully and entered judgment against the bank in the amount of $568,

31 Letter of Credit Obligation (Page 20) A garnishment will not normally attach to letter-of-credit proceeds, since most letters of credit have specific instructions of how draws must be submitted. Note, there has been litigation on this issue. 61 Safe Deposit Box (Page 20) A financial institution is normally not charged with knowing the contents of a safe deposit box, making it impossible to answer. To be safe, financial institutions may want to answer that it has a safe deposit box in the name of the judgment debtor and that it is NOT holding the property. Seek the advice of local counsel. 62

32 Payment of Checks (Page 21) The garnishment should be processed before a check presented on the same date is paid, unless the check has been: Certified; Settled for cash; Finally paid due to the clearinghouse, midnight or other cutoff deadline has passed (making the item finally paid ). 63 Setoff States Differ (Page 21) When allowed by states, generally a financial institution will be permitted to exercise setoff as long as the debt owed by the judgment debtor has matured either under the debt agreement or under the state s law. Use caution when dealing with consumer debt. States allowing setoff to occur will normally require the financial institution to physically apply the proceeds of the account to the debt owed when answering the garnishment. Seek the advice of local counsel. 64

33 The IRS and Set Off Revenue Ruling states that a financial institution should raise a set off claim (or lien interest claim) that it has in a deposit account directly with the IRS prior to exercising its right. The claim can be raised informally by contacting the issuing office or an objection can be formally filed within 9 months of the levy issuance date. 65 Liens on Accounts (Page 21) When the financial institution has a valid lien on the account (has taken steps to perfect), the financial institution should be able to claim the funds in the account prior to answering the garnishment. Most states will require default to be declared and the funds to be applied to the loan secured by the deposit account. Seek the advice of local counsel. The IRS will require pre-notification. 66

34 Uncollected Deposits (Page 22) The prudent rule is to garnish funds that would have been available for withdrawal by the judgment debtor. The question is whether the financial institution previously held the funds under Regulation CC (Expedited Funds Availability Act). 67 Accounts in a d/b/a Name (Page 22) If an account is held in a d/b/a name, but the legal owner is the judgment debtor, then the account is fully subject to garnishment. 68

35 Specially Designated Accounts (Page 22) A special designation on a deposit account, such as payroll tax account, will not normally affect the ability to garnish such account, unless the financial institution has clear evidence that the funds belong to another party (for example, is the financial institution required by contract to hold the funds for a third party). 69 Can the financial institution assess a garnishment fee? Page 22 This is a state-law based issue. If a fee is permitted by statute, the financial institution will be able to assess the fee. The fee does not have to be disclosed in the financial institution s account disclosures under Truth in Savings (Regulation DD). However, it is always prudent to make it contractually agreed to by the customer. Remember, though, the fee can not be taken from the customer s protected funds under the garnishment rules for direct deposits of federal benefit payments. 70

36 IRS Levies- other issues (Page 23) Delivery is permitted in person or by mail. Notice of where levies should be mailed can be sent to the district director of the IRS office. 71 IRS Levy example: Financial institution instructions to remember 72

37 When the levy is received: Note the time and date of receipt, along with the initials of the party receiving the levy; Immediately identify accounts and hold funds on hand for 21 days, not counting the day of service. Automatically send to IRS at the end of 21 day period. The levy only applies to the funds in the account at the time the levy is received. If there is a penalty assessed for early withdrawal on a certificate of deposit, the fee can be assessed against the amount sent to the IRS, unless the levy is for less than the amount of the certificate of deposit. Interest accrued on the account should be remitted as well, up to the full amount of the tax levy; Copy mailed to taxpayer within two business days. 73 When serving the levy in person, the IRS can make immediate demand for information regarding account balances. No 21-day waiting period will apply. 74

38 Identify property based upon the taxpayer s name, address and identifying number(s) shown on the form. A perfect match is not required. Use common sense. 75 Any financial institution fees to be assessed for the processing of the tax levy should be taken from funds remaining on hand, not from the proceeds of the levy. 76

39 At the end of the 21-day period, the financial institution should automatically pay the funds on hand to the IRS, unless a release of levy or other instruction has been received from the IRS. Only the District Director of the IRS office that issued the levy has the authority to release it. 77 Personal Liability If there is an error on the amount reported, the IRS can issue a summons to determine the actual balance on hand when the levy was served. It can then demand payment on the amount that was actually in the account, rather than just the amount held by the financial institution. If no payment is received, the IRS can ask a court to issue a judgment of personal liability and impose a 50% penalty against the financial institution if there does not appear to be a valid reason for non-compliance. Financial institutions may want to add the language that appears in the Garnishment section under Joint Accounts to its account agreement. 78

40 A customer is permitted to waive the 21- day waiting period. 79 If the IRS issues the levy in error, it will be responsible for the error, and will provide the institution with explicit indemnification from liability. 80

41 Contact the number on the levy if clarification is needed about whether or not to hold funds. 81 Informal Request for Information (Page 25) Always use caution. If there is a question as to the legitimacy of the request, ask for a statute or regulation which provides for the release of the information, or a properly prepared authorization from the customer. The requesting agency/party should be able to show why such a request is permissible. 82

42 Common informal requests occur for the following: Determining if a deceased accountholder had funds on hand to reimburse state benefit programs or taxes; Reporting the exploitation of elderly customers; Answering Social Security Administration inquiries used to confirm names and addresses of applicants; Report accounts in name of persons owning past due child support. 83 Terri D. Thomas Upcoming Webinars January 8 th - Background Checks, References and Pre- Employment Testing January 9 th - 15 Reasons Name and TIN Numbers May Not Match January 14 th - How To Avoid Signature Card Mishaps Mark Bennett TTS January 16 th - IRA Update - What's New for the Filing Season? January 17 th - BSA Confidentiality Issues: Subpoenas, NSLs, Law Enforcement & Lawsuits January 21 st - Lending 101 January 22 nd - UDAAP: What Your Frontline Needs to Know & Do January 23 rd - Marketing & Advertising Compliance - The First UDAAP Hotspot January 23 rd - Compliance Perspectives: A Monthly Update January 28 th - Records Management and Retention: Can a Program be Comprehensive and Efficient at the Same Time? 84

Dealing with Subpoenas, Summonses, Garnishments & Tax Levies

Dealing with Subpoenas, Summonses, Garnishments & Tax Levies Dealing with Subpoenas, Summonses, Garnishments & Tax Levies by Terri D. Thomas, JD (contact at: tthomas@ksbankers.com) January 8, 2014 10:00 a.m.-12:00 p.m. CST The information contained in this material

More information

Garnishment of Accounts Containing Federal Benefit Payments (31 CFR 212)

Garnishment of Accounts Containing Federal Benefit Payments (31 CFR 212) Garnishment of Accounts Containing Federal Benefit Payments (31 CFR 212) Background and Overview Many consumers receive federal benefit payments that are protected under federal law from being accessed

More information

Right to Financial Privacy Act

Right to Financial Privacy Act Background The Right to Financial Privacy Act of 1978 was enacted to provide the financial records of financial institution customers a reasonable amount of privacy from federal government scrutiny. The

More information

Guidelines for Garnishment of Accounts Containing Federal Benefit Payments

Guidelines for Garnishment of Accounts Containing Federal Benefit Payments Guidelines for Garnishment of Accounts Containing Federal Benefit Payments Per Issuance of Title 31, Part 212 of the Code of Federal Regulations, Interim Final Rule with Request for Comments Note: Appendix

More information

Drafting and Issuing Subpoenas: New Jersey

Drafting and Issuing Subpoenas: New Jersey View the online version at http://us.practicallaw.com/6-569-5426 Drafting and Issuing Subpoenas: New Jersey EZRA ROSENBERG, MICHELLE HART YEARY AND THOMAS J. MILLER, DECHERT LLP, WITH PRACTICAL LAW LITIGATION

More information

CHAPTER 32-09.1 GARNISHMENT

CHAPTER 32-09.1 GARNISHMENT CHAPTER 32-09.1 GARNISHMENT 32-09.1-01. Definitions. In this chapter, unless the context or subject matter otherwise requires: 1. "Defendant" means every judgment debtor. 2. "Disposable earnings" means

More information

Civil Suits: The Process

Civil Suits: The Process Jurisdictional Limits The justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized

More information

Garnishment of Accounts Containing Federal Benefit Payments

Garnishment of Accounts Containing Federal Benefit Payments Anthony Dandola, Esq., MBA, CRCM Senior Research Manager, Research and Development Enterprise Government, Risk & Compliance (EGRC) Solutions 1 888 250 4400 The interim final rule, which specifies the steps

More information

Post-Judgment Collection. Matt Meaker

Post-Judgment Collection. Matt Meaker Post-Judgment Collection Basics and Strategies Matt Meaker Which Remedy Should I Choose? So, the court has entered a judgment in favor of your client what now? There are multiple remedies available to

More information

CIVIL PRACTICE AND PROCEDURE GARNISHMENT CHAPTER 77

CIVIL PRACTICE AND PROCEDURE GARNISHMENT CHAPTER 77 CIVIL PRACTICE AND PROCEDURE GARNISHMENT CHAPTER 77 77.01 Right to writ of garnishment.--every person or entity who has sued to recover a debt or has recovered judgment in any court against any person

More information

CHRISTMAN & FASCETTA, LLC FLAT FEE AGREEMENT AND HOURLY FEE PROVISIONS

CHRISTMAN & FASCETTA, LLC FLAT FEE AGREEMENT AND HOURLY FEE PROVISIONS CHRISTMAN & FASCETTA, LLC FLAT FEE AGREEMENT AND HOURLY FEE PROVISIONS, (hereinafter referred to as client or you ), hereby engages the Law Offices of Christman & Fascetta, LLC to prepare and file a Chapter

More information

If you do not understand this information, please contact an attorney.

If you do not understand this information, please contact an attorney. INSTRUCTIONS FOR COLLECTING A JUDGMENT AND COMPLETING A WRIT OF GARNISHMENT These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose

More information

RESPONDING TO SUBPOENAS AND REQUESTS FOR EXPERT WITNESS SERVICES. I. Purpose 1. II. Scope

RESPONDING TO SUBPOENAS AND REQUESTS FOR EXPERT WITNESS SERVICES. I. Purpose 1. II. Scope SMITHSONIAN DIRECTIVE 113, July 24, 2012 RESPONDING TO SUBPOENAS AND REQUESTS FOR EXPERT WITNESS SERVICES I. Purpose 1 II. Scope 1 III. Roles and Responsibilities 3 IV. Policy 4 V. Definitions 5 5 I. Purpose

More information

HCUL TECHNICAL DATE PAGE ADVISORY GUIDE 1/21/14 III-I 1 STATE TAX LEVIES

HCUL TECHNICAL DATE PAGE ADVISORY GUIDE 1/21/14 III-I 1 STATE TAX LEVIES ADVISORY GUIDE 1/21/14 III-I 1 OVERVIEW Under Chapter 231-25 of the Hawaii Revised Statutes (HRS), if a taxpayer hasn t paid taxes for which he/she is liable, the Director of Taxation for the State of

More information

INSTRUCTIONS FOR COLLECTING A JUDGMENT AND COMPLETING A WRIT OF GARNISHMENT

INSTRUCTIONS FOR COLLECTING A JUDGMENT AND COMPLETING A WRIT OF GARNISHMENT INSTRUCTIONS FOR COLLECTING A JUDGMENT AND COMPLETING A WRIT OF GARNISHMENT These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose

More information

NOTICE NO. 1 Notice Mandated by Section 342(b)(1) and 527(a)(1) Of The Bankruptcy Code:

NOTICE NO. 1 Notice Mandated by Section 342(b)(1) and 527(a)(1) Of The Bankruptcy Code: Mandatory Bankruptcy Disclosures The following mandatory disclosures are required under Section 527 and 342 of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005. NOTICE NO. 1

More information

Garnishment & Other Withholding Documents: Processing Procedures

Garnishment & Other Withholding Documents: Processing Procedures Garnishment & Other Withholding Documents: Processing Procedures Handout #1: Training Presentation and Terms/Definitions TRAINING PRESENTED BY THE OFFICE OF THE ATTORNEY GENERAL UPDATED NOVEMBER 2003 OFFICE

More information

COMPANY INFORMATION. Address: City: County: State: Zip:

COMPANY INFORMATION. Address: City: County: State: Zip: MEMBER BUSINESS LOAN APPLICATION TYPE OF LOAN/LEASE: Business Vehicle (Fleet) Loan Equipment Financing Line of Credit SBA Loan Working Capital Loan Commercial Mortgage Amount Requested: Purpose/Use of

More information

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection As amended by P.L.79-2007. INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection IC 5-11-5.5-1 Definitions Sec. 1. The following definitions

More information

CHAPTER 28-21 EXECUTION OF THE JUDGMENT

CHAPTER 28-21 EXECUTION OF THE JUDGMENT CHAPTER 28-21 EXECUTION OF THE JUDGMENT 28-21-01. Execution at any time within ten years. A judgment creditor or the party's duly appointed personal representatives at any time within ten years after the

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

Lesson 1. Health Information and Litigation ASSIGNMENT 1. Objectives. Criminal versus Civil Law

Lesson 1. Health Information and Litigation ASSIGNMENT 1. Objectives. Criminal versus Civil Law Health Information and Litigation ASSIGNMENT 1 Read this entire introduction. Then read Chapter 1 in your textbook, Legal Aspects of Health Information Management. When you ve read all of the material

More information

CLIENT RESPONSIBILITY

CLIENT RESPONSIBILITY RETAINER AGREEMENT FOR Filing a Chapter 7 Bankruptcy BETWEEN FIRM NAME: Paul E. Kauffmann, Attorney at Law ADDRESS: 233 12 th Street, Suite 725 CITY/STATE Columbus, GA 31901 TEL. NO.: 706 566 3434 AND

More information

WRITTEN TESTIMONY OF BRYAN C. SKARLATOS, ESQ. given it powers to collect money and property that far exceed those of any ordinary creditor.

WRITTEN TESTIMONY OF BRYAN C. SKARLATOS, ESQ. given it powers to collect money and property that far exceed those of any ordinary creditor. WRITTEN TESTIMONY OF BRYAN C. SKARLATOS, ESQ. The Internal Revenue Service (the Service ) is a Super Creditor because Congress has given it powers to collect money and property that far exceed those of

More information

UNDERSTANDING THE COLLECTION PROCESS FOR COMMUNITY ASSOCIATIONS

UNDERSTANDING THE COLLECTION PROCESS FOR COMMUNITY ASSOCIATIONS UNDERSTANDING THE COLLECTION PROCESS FOR COMMUNITY ASSOCIATIONS 1. PRE-LITIGATION BY: MULCAHY LAW FIRM, P.C. Almost every community association has problems in collecting unpaid assessments. Most associations

More information

Prohibition Against Commingling and Misappropriation of Client Funds or. Property.

Prohibition Against Commingling and Misappropriation of Client Funds or. Property. RULE 1.15: PRESERVING IDENTITY OF FUNDS AND PROPERTY OF OTHERS; FIDUCIARY RESPONSIBILITY; COMMINGLING AND MISAPPROPRIATION OF CLIENT FUNDS OR PROPERTY; MAINTENANCE OF BANK ACCOUNTS; RECORD KEEPING; EXAMINATION

More information

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MICHIGAN. NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MICHIGAN. NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE B 201A (Form 201A) (11/11) UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MICHIGAN NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code,

More information

Small Claims Court in Michigan

Small Claims Court in Michigan Dr. Donald J. Baranski, Attorney and Counselor at Law Small Claims Court in Michigan How to Bring and Defend Your Case in Court and Collect on Your Judgment Copyright 2011 by Dr. Donald J. Baranski Dr.

More information

CHAPTER 105A. Setoff Debt Collection Act. 105A-1. Purposes. 105A-2. Definitions.

CHAPTER 105A. Setoff Debt Collection Act. 105A-1. Purposes. 105A-2. Definitions. Page -5- CHAPTER 105A. Setoff Debt Collection Act. Article 1. In General. 105A-1. Purposes. The purpose of this Chapter is to establish as policy that all claimant agencies and the Department of Revenue

More information

You've Been Served: A Guide For Accountants

You've Been Served: A Guide For Accountants Portfolio Media. Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com You've Been Served: A Guide For Accountants

More information

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section Missouri Small Claims Court Handbook The Missouri Bar Young Lawyers' Section TABLE OF CONTENTS I. INTRODUCTION TO THE SMALL CLAIMS COURT...1 Page II. THINGS TO CONSIDER BEFORE BRINGING A CLAIM...1 A. WHO

More information

IN THE NINTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF DOUGLAS

IN THE NINTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF DOUGLAS Case No. Dept. No. IN THE NINTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF DOUGLAS In the Matter of the Estate of Deceased. INSTRUCTIONS FOR PERSONAL REPRESENTATIVE A Personal

More information

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY 1

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY 1 IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY 1 If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can

More information

REVISED SCHEDULE OF CHARGES, COSTS AND FEES TO BE CHARGED BY THE CLERKS OF THE CIRCUIT COURTS UNDER COURTS ARTICLE, 7-202. Effective July 1, 2015

REVISED SCHEDULE OF CHARGES, COSTS AND FEES TO BE CHARGED BY THE CLERKS OF THE CIRCUIT COURTS UNDER COURTS ARTICLE, 7-202. Effective July 1, 2015 I. Scope of Schedule REVISED SCHEDULE OF CHARGES, COSTS AND FEES TO BE CHARGED BY THE CLERKS OF THE CIRCUIT COURTS UNDER COURTS ARTICLE, 7-202 A. Courts. Effective July 1, 2015 1. Circuit Courts. This

More information

M E M O R A N D U M. The Policy provides for blackout periods during which you are prohibited from buying or selling Company securities.

M E M O R A N D U M. The Policy provides for blackout periods during which you are prohibited from buying or selling Company securities. M E M O R A N D U M TO: FROM: All Directors, Officers and Covered Persons of Power Solutions International, Inc. and its Subsidiaries Catherine Andrews General Counsel and Insider Trading Compliance Officer

More information

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION NOTICE TO INDIVIDUAL CONSUMER DEBTOR UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code,

More information

JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961

JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961 JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961 SMALL CLAIMS INSTRUCTIONS FOR FILING ***EFFECTIVE JANUARY 1,

More information

FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS

FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS LITIGANTS MANUAL FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS The Indiana General Assembly created the Marion County Small Claims Courts and provided that litigants may try their cases in such courts

More information

PROSECUTING AND DEFENDING A SMALL CLAIMS CASE. Instructions Sample Forms Rules Statutes. Effective June 7, 2005

PROSECUTING AND DEFENDING A SMALL CLAIMS CASE. Instructions Sample Forms Rules Statutes. Effective June 7, 2005 PROSECUTING AND DEFENDING A SMALL CLAIMS CASE Instructions Sample Forms Rules Statutes Effective June 7, 2005 1 SMALL CLAIMS INFORMATION AND INSTRUCTIONS Please read carefully. Definitions follow the instructions.

More information

REAL PROPERTY TAX DUTIES OF THE COUNTY CLERK S OFFICE

REAL PROPERTY TAX DUTIES OF THE COUNTY CLERK S OFFICE REAL PROPERTY TAX DUTIES OF THE COUNTY CLERK S OFFICE PREPARED BY THE OFFICE OF PROPERTY VALUATION January 2014 REAL PROPERTY TAX DUTIES OF THE COUNTY CLERK S OFFICE PREPARED BY THE OFFICE OF PROPERTY

More information

NOTICE NO. 1. Notice Mandated By Section 342(b)(1) and 527(a)(1) of the Bankruptcy Code PURPOSES, BENEFITS AND COSTS OF BANKRUPTCY

NOTICE NO. 1. Notice Mandated By Section 342(b)(1) and 527(a)(1) of the Bankruptcy Code PURPOSES, BENEFITS AND COSTS OF BANKRUPTCY NOTICE NO. 1 Notice Mandated By Section 342(b)(1) and 527(a)(1) of the Bankruptcy Code PURPOSES, BENEFITS AND COSTS OF BANKRUPTCY The United States Constitution provides a method whereby individuals, burdened

More information

Bankruptcy Law Firm Ursula Jones, Attorney

Bankruptcy Law Firm Ursula Jones, Attorney ATTORNEY-CLIENT BANKRUPTCY RETAINER AGREEMENT The Client(s) hereby enter into this Attorney-Client Retainer Agreement with Ursula Jones ( Attorney ). 1. TOTAL FEES AND COSTS (a) Fixed Fee: A fixed fee

More information

NOTICE TO CLIENTS WHO CONTEMPLATE FILING BANKRUPTCY

NOTICE TO CLIENTS WHO CONTEMPLATE FILING BANKRUPTCY NOTICE TO CLIENTS WHO CONTEMPLATE FILING BANKRUPTCY The purpose of this Notice and The Statement Mandated by Section 527(b) of the Bankruptcy Code, which you have been provided as a separate document are

More information

FALSE CLAIMS ACT STATUTORY LANGUAGE

FALSE CLAIMS ACT STATUTORY LANGUAGE 33 U.S.C. 3729-33 FALSE CLAIMS ACT STATUTORY LANGUAGE 31 U.S.C. 3729. False claims (a) LIABILITY FOR CERTAIN ACTS. (1) IN GENERAL. Subject to paragraph (2), any person who (A) knowingly presents, or causes

More information

SAMPLE BANKRUPTCY DISCHARGE FORM Page 1 of 2

SAMPLE BANKRUPTCY DISCHARGE FORM Page 1 of 2 One Division Avenue Room 200 Grand Rapids, MI 49503-3132 Phone : (616) 456-2693 http://www.miwb.uscourts.gov/ WHAT IS CHAPTER 7 BANKRUPTCY? Chapter 7 bankruptcy, sometimes call a straight bankruptcy is

More information

SB 588. Employment: nonpayment of wages: Labor Commissioner: judgment enforcement.

SB 588. Employment: nonpayment of wages: Labor Commissioner: judgment enforcement. SB 588. Employment: nonpayment of wages: Labor Commissioner: judgment enforcement. (1) The Enforcement of Judgments Law provides for the enforcement of money judgments and other civil judgments. Under

More information

Consultation Agreement and Acknowledgement of Receipt of Disclosures and Instructions

Consultation Agreement and Acknowledgement of Receipt of Disclosures and Instructions Please Note: These Notices are required by legislation adopted by Congress in October 2005, after intense lobbying by the credit industry. In my opinion, these notices are designed to scare and intimidate

More information

American Payroll Association

American Payroll Association Government Relations Washington, DC December 23, 2011 National Conference of Commissioners on Uniform State Laws Committee on Scope and Program Project Proposal Uniform Wage Garnishment Act On behalf of

More information

DAVIS SMITH ACCOUNTING ASSOCIATES, P.A.

DAVIS SMITH ACCOUNTING ASSOCIATES, P.A. DAVIS SMITH ACCOUNTING ASSOCIATES, P.A. 5582 Milford-Harrington Hwy. Harrington, DE 19952 (302) 398-4020 (302) 398-3665 fax Email: info@davis-smithaccounting.com Web site: www.davis-smithaccounting.com

More information

STATE OF OKLAHOMA. 2nd Session of the 53rd Legislature (2012) AS INTRODUCED

STATE OF OKLAHOMA. 2nd Session of the 53rd Legislature (2012) AS INTRODUCED STATE OF OKLAHOMA nd Session of the rd Legislature () SENATE BILL AS INTRODUCED By: Crain An Act relating to Medicaid fraud; amending O.S., Sections 0 and 0, which relate to the Oklahoma Medicaid Program

More information

Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee, $39 administrative fee: Total fee $274)

Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee, $39 administrative fee: Total fee $274) B 201A (Form 201A) (12/09) WARNING: Effective December 1, 2009, the 15-day deadline to file schedules and certain other documents under Bankruptcy Rule 1007(c) is shortened to 14 days. For further information,

More information

HCUL TECHNICAL DATE PAGE ADVISORY GUIDE 11/01/94 IIIG 1 INTERNAL REVENUE SERVICE LEVIES

HCUL TECHNICAL DATE PAGE ADVISORY GUIDE 11/01/94 IIIG 1 INTERNAL REVENUE SERVICE LEVIES ADVISORY GUIDE 11/01/94 IIIG 1 OVERVIEW The Internal Revenue Service (IRS) has at its disposal the power to seize a member's funds through a levy. If the IRS determines a member owes it money (for whatever

More information

Chapter 12 is a reorganization for family farmers and fishing families, which is similar to Chapter 13.

Chapter 12 is a reorganization for family farmers and fishing families, which is similar to Chapter 13. GENERAL INFORMATION ABOUT THE BANKRUPTCY SYSTEM INCLUDING THE RIGHTS AND DUTIES OF CHAPTER 13 DEBTORS (and other information necessary to assist a debtor in completion of the chapter 13 plan) WHAT IS BANKRUPTCY?

More information

The False Claims Act: A Primer

The False Claims Act: A Primer The False Claims Act: A Primer The False Claims Act (FCA), 31 U.S.C. 3729-3733 was enacted in 1863 by a Congress concerned that suppliers of goods to the Union Army during the Civil War were defrauding

More information

PUBLIC CHAPTER NO. 353

PUBLIC CHAPTER NO. 353 ~tate of m:ennessee PUBLIC CHAPTER NO. 353 HOUSE BILL NO. 493 By Representative Sargent Substituted for: Senate Bill No. 601 By Senator Johnson AN ACT to amend Tennessee Code Annotated, Section 6-55-202

More information

INITIAL CONSULTATION AGREEMENT AND ACKNOWLEDGMENT OF RECEIPT OF DISCLOSURES

INITIAL CONSULTATION AGREEMENT AND ACKNOWLEDGMENT OF RECEIPT OF DISCLOSURES 303 Williams Avenue, Park Plaza Suite 921 Huntsville, Alabama 35801 Phone:256.535.0817 Fax: 256.535.0818 Web: www.heardlaw.com INITIAL CONSULTATION AGREEMENT AND ACKNOWLEDGMENT OF RECEIPT OF DISCLOSURES

More information

INFORMATION FOR FILING AND DEFENDING A CIVIL CASE IN JUSTICE COURT

INFORMATION FOR FILING AND DEFENDING A CIVIL CASE IN JUSTICE COURT PINAL COUNTY Apache Junction Justice Court Eloy Justice Court Superior/Kearny Justice Court Maricopa/Stanfield Justice Court JUSTICE COURTS Casa Grande Justice Court Florence/Coolidge Justice Court Mammoth/San

More information

DEBT RELIEF AGENCY CONTRACT

DEBT RELIEF AGENCY CONTRACT DEBT RELIEF AGENCY CONTRACT Federal law requires that we enter into this Debt Relief Agency Contract within three business days after the first date on which we provide any bankruptcy assistance services.

More information

ILLINOIS WHISTLEBLOWER REWARD AND PROTECTION ACT

ILLINOIS WHISTLEBLOWER REWARD AND PROTECTION ACT . ILLINOIS WHISTLEBLOWER REWARD AND PROTECTION ACT 175/1. Short title 1. This Act may be cited as the Whistleblower Reward and Protection Act. 175/2. Definitions 2. Definitions. As used in this Act: (a)

More information

GARNISHMENTS WHAT ARE THEY AND HOW DO SCHOOL DISTRICTS HANDLE THEM

GARNISHMENTS WHAT ARE THEY AND HOW DO SCHOOL DISTRICTS HANDLE THEM GARNISHMENTS WHAT ARE THEY AND HOW DO SCHOOL DISTRICTS HANDLE THEM GARNISHMENT A proceeding whereby a plaintiff creditor, called the garnishor, seeks to subject to his or her claim the property of money

More information

Chapter 213. Enforcement of Texas Unemployment Compensation Act... 2 Subchapter A. General Enforcement Provisions... 2 Sec. 213.001.

Chapter 213. Enforcement of Texas Unemployment Compensation Act... 2 Subchapter A. General Enforcement Provisions... 2 Sec. 213.001. Chapter 213. Enforcement of Texas Unemployment Compensation Act... 2 Subchapter A. General Enforcement Provisions... 2 Sec. 213.001. Representation in Court... 2 Sec. 213.002. Prosecution of Criminal Actions...

More information

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1278. Introduced 2/17/2015, by Sen. Ira I. Silverstein

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1278. Introduced 2/17/2015, by Sen. Ira I. Silverstein *LRB000HEPb* TH GENERAL ASSEMBLY State of Illinois 0 and 0 SB Introduced //0, by Sen. Ira I. Silverstein SYNOPSIS AS ILCS /0. new ILCS /. ILCS /-0. new INTRODUCED: Amends the Illinois Income Tax Act. Provides

More information

MCBA FAQS BANKRUPTCY Answer: i. LAW: ii. BEST PRACTICE:

MCBA FAQS BANKRUPTCY Answer: i. LAW: ii. BEST PRACTICE: MCBA FAQS BANKRUPTCY 1. If an account is discharged in bankruptcy, is it necessary to file a release of lien, or does the mere fact of the discharge extinguish the lien? Answer: Sec 2809(6)(d) states that

More information

Notice to Delinquent Taxpayers

Notice to Delinquent Taxpayers Notice to Delinquent Taxpayers Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau TTB P 5610.1 (1/04) Previous Editions are Obsolete NOTICE TO DELINQUENT TAXPAYERS INTRODUCTION When you

More information

The attached instructions are for employers who have employees that are subject to wage garnishment in connection with the Federal Student Loan

The attached instructions are for employers who have employees that are subject to wage garnishment in connection with the Federal Student Loan The attached instructions are for employers who have employees that are subject to wage garnishment in connection with the Federal Student Loan Program. 1 THE STUDENT LOAN PROGRAM PROGRAM OVERVIEW The

More information

New Account Opening and Funding Service Terms and Conditions Disclosure

New Account Opening and Funding Service Terms and Conditions Disclosure New Account Opening and Funding Service Terms and Conditions Disclosure This New Account Opening and Funding Service Terms and Conditions Disclosure ("Agreement") describes your rights and obligations

More information

Initial Consultation Agreement and Acknowledgment of Receipt of Disclosures

Initial Consultation Agreement and Acknowledgment of Receipt of Disclosures Initial Consultation Agreement and Acknowledgment of Receipt of Disclosures This agreement is entered into by and between the undersigned and David Gaffney, Attorney At Law, doing business as Gaffney Law

More information

51ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2013

51ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2013 SENATE BILL 1ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, INTRODUCED BY Joseph Cervantes 1 ENDORSED BY THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE AN ACT RELATING TO CIVIL ACTIONS; CLARIFYING

More information

CREDIT COUNSELING REQUIREMENT

CREDIT COUNSELING REQUIREMENT CREDIT COUNSELING REQUIREMENT In order to file bankruptcy, an individual must receive from an approved nonprofit budget and credit counseling agency... an individual or group briefing... that outlines

More information

by Keith L. Rucinski 18 Ohio Lawyer March/April 2012 www.ohiobar.org

by Keith L. Rucinski 18 Ohio Lawyer March/April 2012 www.ohiobar.org by Keith L. Rucinski 18 Ohio Lawyer March/April 2012 www.ohiobar.org When domestic relations cases involve financial woes for one or both parties, even a basic grasp of bankruptcy law can mean the difference

More information

Appendix to CGI s A proven path to improving government debt collection issue paper

Appendix to CGI s A proven path to improving government debt collection issue paper Appendix to CGI s A proven path to improving government debt collection issue paper SAMPLE COLLECTION STATUTES This appendix contains the following sample collection statutes: Kentucky Financial Institution

More information

INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS

INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS INTRODUCTION TO SUE OR NOT TO SUE? HOW TO FILE A SMALL CLAIMS CASE WHERE TO FILE FILING FEE NOTICE TO THE DEFENDANT COUNTERCLAIMS PREPARING FOR TRIAL

More information

Small Claims: The Process in Detail

Small Claims: The Process in Detail What is a small claims division? Every justice court in Arizona has a small claims division to provide an inexpensive and speedy method for resolving most civil disputes that do not exceed $2,500. All

More information

UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA. NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE

UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA. NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE B 201 (12/08) UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code, this notice to individuals

More information

TOP THINGS TO REMEMBER ABOUT THE TRUSTEE S OFFICE AND YOUR CHAPTER 13 CASE

TOP THINGS TO REMEMBER ABOUT THE TRUSTEE S OFFICE AND YOUR CHAPTER 13 CASE TOP THINGS TO REMEMBER ABOUT THE TRUSTEE S OFFICE AND YOUR CHAPTER 13 CASE 1. Know your case number. 2. Make your payments. Send your payments in time for the payments to reach the Trustee s office by

More information

RULE 90 GARNISHMENTS AND SEQUESTRATION. (c) A "garnishee" is the person summoned as garnishee in the writ of garnishment or

RULE 90 GARNISHMENTS AND SEQUESTRATION. (c) A garnishee is the person summoned as garnishee in the writ of garnishment or RULE 90 GARNISHMENTS AND SEQUESTRATION 90.01 DEFINITIONS In this Rule 90: (a) A "garnishor" is a judgment creditor; (b) A "debtor" is a judgment debtor; (c) A "garnishee" is the person summoned as garnishee

More information

NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE

NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code, this notice to individuals with primarily consumer debts: (1) Describes briefly the services

More information

Creditor s Rights in Non-Real Estate Matters. Christine McAlpin Taylor, JD Smith Debnam, Raleigh, NC

Creditor s Rights in Non-Real Estate Matters. Christine McAlpin Taylor, JD Smith Debnam, Raleigh, NC Creditor s Rights in Non-Real Estate Matters Christine McAlpin Taylor, JD Smith Debnam, Raleigh, NC What Paralegals should know about the Execution Process Christina McAlpin Taylor Smith Debnam Raleigh,

More information

GARNISHMENT & OTHER WITHHOLDING DOCUMENTS: PROCESSING PROCEDURES MANUAL

GARNISHMENT & OTHER WITHHOLDING DOCUMENTS: PROCESSING PROCEDURES MANUAL GARNISHMENT & OTHER WITHHOLDING DOCUMENTS: PROCESSING PROCEDURES MANUAL OFFICE OF THE ATTORNEY GENERAL APRIL 2013 Garnishments & Other Withholding Documents NOTICE: This manual, published by the Office

More information

CONSUMER. Protecting Social Security and other Federal Benefits in Bank Accounts from Garnishment by Debt Collectors

CONSUMER. Protecting Social Security and other Federal Benefits in Bank Accounts from Garnishment by Debt Collectors CONSUMER Information for Advocates Representing Older Adults N a t i o n a l C o n s u m e r L a w C e n t e r CONCERNS Protecting Social Security and other Federal Benefits in Bank Accounts from Garnishment

More information

Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION Case4:12-cv-03288-KAW Document2-1 Filed06/25/12 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION STANDING ORDER FOR MAGISTRATE JUDGE KANDIS A. WESTMORE (Revised

More information

Advanced Bankruptcy for Bankers. Candace C. Carlyon, Esq. www.sheacarlyon.com

Advanced Bankruptcy for Bankers. Candace C. Carlyon, Esq. www.sheacarlyon.com Advanced Bankruptcy for Bankers Candace C. Carlyon, Esq. www.sheacarlyon.com 1 Pre Bankruptcy Review loan files, confirm collateral security, obtain as much information as possible Consider timing of remedies

More information

POST-JUDGMENT COLLECTION HOW TO COLLECT YOUR JUDGMENT IN THE DISTRICT COURT OF MARYLAND

POST-JUDGMENT COLLECTION HOW TO COLLECT YOUR JUDGMENT IN THE DISTRICT COURT OF MARYLAND POST-JUDGMENT COLLECTION HOW TO COLLECT YOUR JUDGMENT IN THE DISTRICT COURT OF MARYLAND TABLE OF CONTENTS Introduction... 1 Steps in the Post Judgment-Collection Process Step 1: Finding the Defendant

More information

SMALL CLAIMS PROCEDURE

SMALL CLAIMS PROCEDURE INDEX WHO CAN BE SUED IN SMALL CLAIMS Pg. 1 RESTRICTIONS ON CLAIM AMOUNTS Pg. 1 FILING FEES Pg. 1 OTHER LEGAL OPTIONS Pg. 1 HOW DO I FILE A CLAIM Pg. 2 WHERE SHOULD I FILE A SMALL CLAIM Pg. 2 WHAT HAPPENS

More information

CIVIL JUDGMENT AND POST JUDGMENT PROCEDURES. The Defendant failed to answer. What is the procedure for receiving a judgment issued in my favor?

CIVIL JUDGMENT AND POST JUDGMENT PROCEDURES. The Defendant failed to answer. What is the procedure for receiving a judgment issued in my favor? CIVIL JUDGMENT AND POST JUDGMENT PROCEDURES The Defendant failed to answer. What is the procedure for receiving a judgment issued in my favor? The time period to file an answer is 30 days. Thereafter the

More information

TABLE OF CONTENTS. Introduction: Levy on Bank Accounts... 7610. Notice of Bank Levy... 7620. Levy Questionnaire... 7630. Exemption Notice...

TABLE OF CONTENTS. Introduction: Levy on Bank Accounts... 7610. Notice of Bank Levy... 7620. Levy Questionnaire... 7630. Exemption Notice... TABLE OF CONTENTS SECTION HEADING SECTION NUMBER Introduction: Levy on Bank Accounts... 7610 Notice of Bank Levy... 7620 Levy Questionnaire... 7630 Exemption Notice... 7640 Bank's Responses to Levy...

More information

In re CRM Holdings, Ltd. Securities Litigation c/o GCG P.O. Box 10129 Dublin, OH 43017-3129 Toll-Free: 1 (844) 322-8246

In re CRM Holdings, Ltd. Securities Litigation c/o GCG P.O. Box 10129 Dublin, OH 43017-3129 Toll-Free: 1 (844) 322-8246 Must be Postmarked No Later Than March 18, 2015 In re CRM Holdings, Ltd Securities Litigation c/o GCG PO Box 10129 Dublin, OH 43017-3129 Toll-Free: 1 (844) 322-8246 CRH *P-CRH-POC/1* Control No: Claim

More information

What Creditors Can CONSUMER TIPS

What Creditors Can CONSUMER TIPS What Creditors Can Do If You Don t Pay This publication is intended to provide general information only and is not a substitute for legal advice. Contents Page Unsecured credit contracts 2 If a creditor

More information

CIRCUIT COURT OF ILLINOIS. Sixth Judicial Circuit Champaign County

CIRCUIT COURT OF ILLINOIS. Sixth Judicial Circuit Champaign County Sixth Judicial Circuit Champaign County How to do a Wage Deduction Proceeding If you already have a money judgment against someone, you are the Petitioner. The other party, who owes you the money, is the

More information

Sangamon County Circuit Clerk Anthony P. Libri. Small Claims Court Manual

Sangamon County Circuit Clerk Anthony P. Libri. Small Claims Court Manual Sangamon County Circuit Clerk Anthony P. Libri Small Claims Court Manual The purpose of this guide is to explain, in simple language, workings of Small Claims Court in Sangamon County. Because procedures

More information

INSTRUCTIONS FOR COMPLETING OFFICIAL FORM 1, VOLUNTARY PETITION I. INTRODUCTION

INSTRUCTIONS FOR COMPLETING OFFICIAL FORM 1, VOLUNTARY PETITION I. INTRODUCTION INSTRUCTIONS FOR COMPLETING OFFICIAL FORM 1, VOLUNTARY PETITION I. INTRODUCTION This form, known as a "voluntary petition," must be used by a debtor to begin a bankruptcy case. Filing this petition is

More information

Illinois Freedom of Information Act Frequently Asked Questions By the Public

Illinois Freedom of Information Act Frequently Asked Questions By the Public Illinois Freedom of Information Act Frequently Asked Questions By the Public The Illinois Freedom of Information Act (FOIA) is designed to ensure that Illinois residents can obtain information about their

More information

Frequently Asked Questions as to the Service of Process

Frequently Asked Questions as to the Service of Process Frequently Asked Questions as to the Service of Process Service of Process by US Marshal 1. What kind of process does the U.S. Marshal serve? a. The U.S. Marshal serves process issued only under the authority

More information

COLLECTING A MONEY JUDGMENT

COLLECTING A MONEY JUDGMENT NEW JERSEY JUDICIARY COLLECTING A MONEY JUDGMENT Superior Court of New Jersey Law Division Special Civil Part Collecting a Money Judgment page 1 If money is owed you because you have been awarded a judgment

More information

PROOF OF CLAIM AND RELEASE FORM. Blitz v. AgFeed Industries, Inc. c/o Claims Administrator PO Box 3207 Portland, OR 97208-3207 Tel: 800-625-7675

PROOF OF CLAIM AND RELEASE FORM. Blitz v. AgFeed Industries, Inc. c/o Claims Administrator PO Box 3207 Portland, OR 97208-3207 Tel: 800-625-7675 Blitz v. AgFeed Industries, Inc. c/o Claims Administrator PO Box 3207 Portland, OR 97208-3207 A. GENERAL INSTRUCTIONS & INFORMATION PROOF OF CLAIM AND RELEASE FORM 1. You are urged to read carefully the

More information

CHARLES (CHUCK) JOHNSON ATTORNEY AT LAW

CHARLES (CHUCK) JOHNSON ATTORNEY AT LAW CHARLES (CHUCK) JOHNSON ATTORNEY AT LAW CHERI KNIGHT SHELLY MUSTAIN 985 KK DRIVE, SUITE 104 PO BOX 1030, OSAGE BEACH, MO 65065 PHONE: 573-348-0503 TOLL FREE: 866-342-6063 FAX: 573-348-0537 E-MAIL: office@charlesjohnsonlaw.com

More information