I got a careless driving ticket after trying to avoid a
I got a careless driving ticket after trying to avoid a branch on the road, I hydroplaned, swerved and hit a telephone pole, in fighting it in court, how should I defend myselfJA: Because traffic laws vary from place to place, can you tell me what state this is in?Customer: FloridaJA: Do you need to appear in court?Customer: YesJA: Anything else you want the lawyer to know before I connect you?Customer: No
I have received a ticket for 39:3-40 Driving while the
HiJA: Hi. What is your issue regarding?Customer: I have received a ticket for 39:3-40 Driving while the DL/registration is suspended/revoked.. In my case.. the registration had been suspended which unfortunately Iwas not awareJA: License regulations vary from place to place, so can you tell me what state this is in?Customer: I got the ticket in NJJA: Has anything been filed or reported?Customer: Yes.. I have received a ticket with Court date mentionedJA: Anything else you want the lawyer to know before I connect you?Customer: Yes.. The car was registerd in NY state .. I had moved to NJ & failed to transfer the registration.. Due to the change of state in my Insurance records.. NY state suspended the car's registration.. Which unfortunately I was not aware..
I had my second insurance lapse within 3 years. Now i am
I had my second insurance lapse within 3 years. Now i am being told that i will have to turn in the plates to mine and my wife's vehicles. This would create a great hardship for my wife getting to work and going across town to assist her 90 year old mother. I have MS and cannot walk far enough to catch a bus. Is there anyway to avoid turning in plates?
Requesting Law Educator, Esq. Should I quote this?: 15 U.S.
requesting Law Educator, Esq.Should I quote this?:15 U.S. Code § 1639a - Duty of servicers of residential mortgages(a) In general Notwithstanding any other provision of law, whenever a servicer of residential mortgages agrees to enter into a qualified loss mitigation plan with respect to 1 or more residential mortgages originated before May 20, 2009, including mortgages held in a securitization or other investment vehicle—(1) to the extent that the servicer owes a duty to investors or other parties to maximize the net present value of such mortgages, the duty shall be construed to apply to all such investors and parties, and not to any individual party or group of parties; and(2) the servicer shall be deemed to have satisfied the duty set forth in paragraph (1) if, before December 31, 2012, the servicer implements a qualified loss mitigation plan that meets the following criteria:(A) Default on the payment of such mortgage has occurred, is imminent, or is reasonably foreseeable, as such terms are defined by guidelines issued by the Secretary of the Treasury or his designee under the Emergency Economic Stabilization Act of 2008 [12 U.S.C. 5201 et seq.].(B) The mortgagor occupies the property securing the mortgage as his or her principal residence.(C) The servicer reasonably determined, consistent with the guidelines issued by the Secretary of the Treasury or his designee, that the application of such qualified loss mitigation plan to a mortgage or class of mortgages will likely provide an anticipated recovery on the outstanding principal mortgage debt that will exceed the anticipated recovery through foreclosures.(b) No liabilityA servicer that is deemed to be acting in the best interests of all investors or other parties under this section shall not be liable to any party who is owed a duty under subsection (a)(1), and shall not be subject to any injunction, stay, or other equitable relief to such party, based solely upon the implementation by the servicer of a qualified loss mitigation plan.(c) Standard industry practiceThe qualified loss mitigation plan guidelines issued by the Secretary of the Treasury under the Emergency Economic Stabilization Act of 2008 [12 U.S.C. 5201 et seq.] shall constitute standard industry practice for purposes of all Federal and State laws.(d) Scope of safe harborAny person, including a trustee, issuer, and loan originator, shall not be liable for monetary damages or be subject to an injunction, stay, or other equitable relief, based solely upon the cooperation of such person with a servicer when such cooperation is necessary for the servicer to implement a qualified loss mitigation plan that meets the requirements of subsection (a).(e) ReportingEach servicer that engages in qualified loss mitigation plans under this section shall regularly report to the Secretary of the Treasury the extent, scope, and results of the servicer's modification activities. The Secretary of the Treasury shall prescribe regulations or guidance specifying the form, content, and timing of such reports.(f) Definitions As used in this section—(1) the term “qualified loss mitigation plan” means—(A) a residential loan modification, workout, or other loss mitigation plan, including to the extent that the Secretary of the Treasury determines appropriate, a loan sale, real property disposition, trial modification, pre-foreclosure sale, and deed in lieu of foreclosure, that is described or authorized in guidelines issued by the Secretary of the Treasury or his designee under the Emergency Economic Stabilization Act of 2008 [12 U.S.C. 5201 et seq.]; and(B) a refinancing of a mortgage under the Hope for Homeowners program;(2) the term “servicer” means the person responsible for the servicing for others of residential mortgage loans (including of a pool of residential mortgage loans); and(3) the term “securitization vehicle” means a trust, special purpose entity, or other legal structure that is used to facilitate the issuing of securities, participation certificates, or similar instruments backed by or referring to a pool of assets that includes residential mortgages (or instruments that are related to residential mortgages such as credit-linked notes).(g) Rule of constructionNo provision of subsection (b) or (d) shall be construed as affecting the liability of any servicer or person as described in subsection (d) for actual fraud in the origination or servicing of a loan or in the implementation of a qualified loss mitigation plan, or for the violation of a State or Federal law, including laws regulating the origination of mortgage loans, commonly referred to as predatory lending laws
I was in a traffic accident last November 14th. I was
I was in a traffic accident last November 14th. I was driving to work early in the am around 5:30 and it was dark. I did not see a motorcycle driver and I sideswiped him. I looked in all three directions and did not see a headlamp or anything before turning on a red light-this is legal in CO. I was given a ticket for "careless driving causing bodily injury". The gentleman had a broken toe and road rash and was back at work the next day. My insurance company has paid his cycle and are now working with his lawyer to settle his medical bills. I went to my hearing this past Monday and the DA would not even really speak to me, he said he had to speak to the gentleman I hit due to the Victim's Advocacy Law. I was rescheduled for April 7th. The paper work I received stated that the maximum penalty I could receive would be 1000.00 fine and a year in jail. I know I was at fault but this was a true, honest accident. I am 64 yrs old have only received one driving ticket in my time for speeding about 10-12 yrs ago. I have never been involved with the law until now. I can handle the fine but thinking about going to jail is causing me immense fear. What are the chances do you think that I will be jailed?JA: Because traffic laws vary from place to place, can you tell me what state this is in?Customer: Lakewood, ColoradoJA: Do you need to appear in court?Customer: Yes, I went to court this past Monday the 13th of Feb but it was rescheduled to the 7th of April so that the DA may speak with the gentleman I hit.JA: Anything else you want the lawyer to know before I connect you?Customer: No Pearl thank you so much!
Requesting Law Educator, Esq Do you agree with this? Note
requesting Law Educator, EsqDo you agree with this?Note that in Emmitt Johnson, Plaintiff, v. JPMorgan Chase below that it states: “As for Plaintiff's claim under the FDCPA, JPMC insists that it prevails because it is not a "debt collector" as defined under the Act, 15 U.S.C. 1692(a)(6), which expressly excludes from the statutory definition "any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity . . . concerns a debt which was not in default at the time it was obtained by such person." 15 U.S.C. 1692a (6) (F) (iii).”Mr. Lundstedt in his loan alledges that JPMC is a debt collector because:1. Mr. Lundstedts loan was in default as he stopped paying in November of 2007;2. WAMU had sent Mr. Lundstedt an Acceleration letter In December 2007, see EXHIBIT Z;3. JPMC, as servicer, was collecting a debt for a different company, Deutsche Bank;4. JPMB was collecting on a loan that was not in the name of itself.5. JPMC did not want to own the debt because it was owned by Deutsche Bank and JPMC gave up ownership in exchange for the benefits of a Trust so that it would not be liable as owner. JPMC was collecting on a loan it did not want to own and didn't own.6. JPMC cannot own the debt if they want the benefits of not owning the debt. That is why the debt is in a trust and JPMC does not own the trust, Deutsche Bnak owns the trust and the debt. In other words, JPMC cannot own the debt and not own the debt at the same time. Now, if JPMC took the debt out of the trust then the rule of not being a debt collector would apply. So in Mr. Lundstedts case JPMC is a debt collector and is liable under the FDCPA.
My wife accidently missed her court date. It was scheduled
My wife accidently missed her court date. It was scheduled for this morning at 10:30 but she didn't see the email stating her reschedule time until 11:00. She contacted the clerk to try and explain, but they say it's up to the judge. What should my wife do?JA: What state is this in? And do you have a reliable court contact?Customer: GA. No we have the clerks number we were told to call.JA: Do you need to appear in court?Customer: I guess? We'really not sure. It depends on what the judge saysJA: Anything else you want the lawyer to know before I connect you?Customer: She has had no previous problems and she showed up for her first court date when we asked for it to be rescheduled
Have two cars in my driveway very nice looking automobiles
Have two cars in my driveway very nice looking automobiles tires are not flat or anything like that have some mechanical problems with them they don't have a current tag on them I think my Association is picking at me they send code enforcement here they left a note saying that your cars have to be current gave me a date of approximately one week how do I go about getting a extension or fighting that in Douglasville Georgia
I got a criminal traffic speeding ticket on highway. I was
I got a criminal traffic speeding ticket on highway. I was caught at 88mph on 65mph limit in Scottsdale, Az. I have court date on Feb 22. What can I do? What ll happen if i plead guilty? Should i hire a lawyer? Can that help in some way?