What I Need to Do When a Creditor Sues You

Consumer Protection Attorney

Getting sued by a creditor is unpleasant, but there is a path that leads to a better outcome than just accepting the lawsuit. First, don’t panic. It sounds cliché, but this happens all the time and debt collectors count on the fact that the average person will not know what to do. Hiring a consumer protection attorney who is experienced in dealing with debt collectors should be your first course of action. Do your research and make sure your attorney is an expert in the field and handles these types of cases on a regular basis.

When you are served with the lawsuit, the worst thing you can do is to ignore it. In fact, the sooner you contact an attorney, the better he/she will be able to serve you. In some states, the debt collector may be able to garnish your paycheck if you fail to respond and a judge rules in their favor. You have a right to challenge the debt collector’s right to sue you. Did you actually incur this debt? Can the company suing you prove that? Again, here is where your attorney’s expertise will come into play. Attorneys that do this type of work are very familiar with the debt collectors and their attorneys. Your attorney will try to show evidence in court that the debt collector cannot prove they own the debt. If they can do this successfully, the lawsuit will be dismissed.

If the debt collector can prove that you owe the debt, you may still be able to settle for a lesser amount than the total you are being sued on. Many times, debt collectors will allow consumers to settle for pennies on the dollar. Depending on whether the debt collector is the original creditor or a third-party debt buyer, they may accept as little as 40-50% of the total owed. They generally also provide payment plan options, so you do not have to pay one lump sum. Again, your attorney will be able to help negotiate that settlement because he/she will know how to deal with the debt collector and is familiar with their tactics.

If you are currently being sued on a debt whether you believe it is yours or not, don’t stick your head in the sand. Time is of the essence, and you should contact a consumer protection attorney for a consultation today! 

Discrimination and Harssment in the Workplace

Discrimination is being treated unfairly or differently for the worse, based on personal status or characteristics (such as race, gender, religion). When a coworker or boss makes a comment or does something that results in a hostile, threatening, or intimidating environment for someone else, that is considered harassment. If you aren’t sure about the rights that protect you as a person and employee, then consulting with a lawyer on your situation is advisable.

Examples of discrimination and/or harassment include:

• Depending solely on word-of-mouth recruiting that tends to favor a certain kind of employee
• Using discriminatory criteria when hiring, without being able to show how it relates to the job
• Requesting that an agency only refers applicants of a particular status.
• Not providing the same pay to workers in similar positions
• Rejecting benefits after they were offered
• Turning to the discriminatory preferences of customers, coworkers, or clients when choosing factors for employment
• Requiring a specific kind of image or corporate look as prejudices in hiring
• Firing employees based on unlawful reasons
• Using a client or worker’s preferences to explain a demotion, discipline, or discharge
• Making comments or requesting favors that are unwanted and sexual in nature
• Conduct that creates a seriously threatening, unsafe, and harmful work environment for employees

There are almost limitless ways that discrimination or harassment can occur in the workplace. If you suspect that your adverse treatment at work is a result of discrimnation or harassment, getting legal assistance is paramount. 

Being the victim of a harassment or discriminatory incident can wreak havoc on a person’s mental health. It is more than worth talking with a legal professional if you aren’t sure what happened to you constitutes legal action. For more information, contact a reputable law firm as soon as possible, such as an employment discrimination lawyer from Eric Siegel Law.

Recalled Off-Highway Vehicles in April of 2021 – Product defect lawyers

Recalled Off-Highway Vehicles in April of 2021

As the summer months approach, more people are going to start heading outdoors for seasonal activities. One activity that is especially popular is the use of recreational off-highway vehicles. An off-highway vehicle is defined as a type of vehicle that is designated for off-road use. Some off-highway vehicles are street legal but most people use theirs to go places where regular vehicles cannot. 

Some common types of off-highway vehicles include dirtbikes, ATVs, and side by sides. While riding an off-highway vehicle can be a fun way to explore trails and get outdoors, off-highway vehicles are no stranger to recalls. Much like regular vehicles, off-highway vehicles are often the subject of recalls as manufacturers want to ensure that the vehicles are as safe as possible for those who ride them. If you own or operate an off-highway vehicle it is important to check the Consumer Product Safety Commission’s website frequently to ensure that your vehicle is not the subject of a recall. Below are three off-highway vehicles that were recalled in the month of April. 

1. Honda CRF450R Off-Road Motorcycles

On April 29, 2021, Honda recalled 536 units of its CRF450R Off-Road Motorcycles due to a crash and injury hazard. The motorcycle’s drive chain can break while in use, causing the vehicle to suddenly lose its drive force posing a crash and injury hazards to the rider. The recall involves 2021 model year CRF 450R Honda motorcycles with the last six digits of the VIN number between 400223 and 401056. The motorcycles were sold at authorized Honda Powersports dealers nationwide from August 2020 to March 2021. Owners of these motorcycles should immediately stop using them and contact an authorized Honda Powersports dealer to schedule an appointment for a free repair. Honda is contacting known purchasers directly. To date, two reports of the chain breaking have been received and no injuries have been reported. 

2. Kawasaki TERYX Off-Highway Vehicles 

On April 22, 2021, Kawasaki USA recalled 100 units of its TERYX off-highway vehicles due to a fire hazard. The fuel pump retainer plate bolts can come loose causing fuel leakage over time which could start a fire. The recall involves 2021 Teryx S LE, Teryx4, Teryx4 LE, Teryx4 S LE, and Teryx4 S LE CAMO models. The off-highway vehicles were sold at Kawasaki dealers nationwide in March 2021. Owners of this vehicle should immediately cease use and contact a Kawasaki dealer to schedule a free repair to replace the fuel pump retainer plate bolts. Kawasaki is contacting all known purchasers directly. To date, no incidents or injuries have been reported. 

3. Kawasaki BRUTE FORCE ATVs

On April 22, 2021, Kawasaki USA recalled 70 units of its BRUTE FORCE 750 All-Terrain Vehicles due to a fire hazard. The fuel pump retainer plate can come loose causing a fuel leakage over time, posing a fire hazard. The recall involves the 2021 BRUTE FORCE 750 4X4I EPS. The ATVs were sold at Kawasaki dealers nationwide in March 2021. Owners of this ATV should cease use immediately and contact a Kawasaki dealer to schedule a free repair to replace the fuel pump retainer plate bolts. Kawasaki is contacting all known purchasers directly. To date, no incidents or injuries have been reported.

Thanks to product defect lawyers  such as Eglet Adams for their insight on recalled off-highway vehicles in April of 2021.

Case Report – Group Home Abuse

I recently settled a lawsuit arising out of the strangulation death of an adult group home resident. John was a 30-year-old autistic man who became a resident of the defendant group home provider when he was 16 years old. At that time, prior to becoming a resident of the group home, John was cared for by his parents in their family home. After his parents divorced, John lived with his mother primarily. Due to his autism, he was prone to violent outbursts. As he became older and more mature, the outbursts became more violent. Further, because of John’s size, he was too difficult for his mother to handle. So, his mother made arrangements for John to reside at a group home that held itself out to the public as being able to manage autistic men with violent outbursts.

For most of his time at the group home, John did well. However, during the last year of his life, he became progressively more violent. John’s neurologist tried to modify John’s antipsychotic medications in an effort to better control his behavior. In addition, John’s parents, the group home administrators, and public officials who deal with individuals having developmental disabilities met to prepare a care plan in an effort to modify John’s behavior and provide safe care for him. However, John’s behavior continued to worsen.

In 2019, John attacked a group home caregiver. In defending himself, the group home caregiver punched John in the face, opening a large gash under his eye. This required stitches. While John was at the hospital, he became violent again, necessitating intervention by police officers. Ultimately, John was treated and released back to the group home.

On the following day, John became violent again. At this time, the on-duty aide attempted to restrain John. In doing so, he apparently put John in a chokehold which resulted in John’s death by strangulation.  However, the aide denied that he strangled John. Instead, he said that he found John unresponsive on the floor sometime after he applied a restraint to him. He further claimed that John was breathing after the restraint and had subsequently gone to sleep.

The county coroner brought attention to the strangulation by showing that John had bruising and swelling in his neck area, exactly where a chokehold would cause such damage. John’s death was otherwise unexplained. When the coroner ruled the death a homicide, police officers interviewed the aide. During the course of interrogation, the aide admitted that he may have gotten his arm around John’s neck during the restraint.

John’s parents sued the group home for negligence and wrongful death.  This case settled for a confidential amount. Contact your local wrongful death law firm such as Mishkind Kulwicki Law Co., L.P.A.