Sarasota Lawyers

Beach Clean-up

Sabrina Lugo — Fri, 28 Oct 2011 17:57:43 +0000

My description of Sarasota’s beautiful beaches to my long distance friends and family is as follows: gorgeous white sand, amazing sunsets and clear, clean water. Peter, Julie and I, along with our kids, had the opportunity on Saturday, September 24^th to volunteer at a Beach Cleanup at South Lido Beach sponsored by Take Stock in Children of Sarasota County. We found much more than gorgeous white sand. We spent several hours in the hot sun collecting garbage on the beach; some washed up from the water and some left by beachgoers. I was astounded to see the “types” of trash left by people. Most abundant were cigarette butts however; there were other potentially harmful things I am glad I saw before my children did. Trash left on the beach not only can harm humans, it is harmful to our beautiful sea life. I am glad I had the opportunity to help keep our beach clean. I realize that it is an ongoing effort and not one that should be done only when it is planned by an organization.

The photo of the cleanup crew was taken by Dana Bakich of Take Stock in Children of Sarasota County and is used with permission from the photographer.

What You Should Know About a FREE Consultation

Sabrina Lugo — Fri, 16 Sep 2011 14:50:27 +0000

What you should know about a FREE consultation.

The Collins Law Group offers a free consultation to evaluate your case. The consultation is your chance to speak with the attorney face to face to explain your situation and the issues involved; discuss the results you want; learn the Court’s procedure you must follow and find out how the attorney can help you. At the end of the consultation the attorney will quote the Retainer Fee for representation.

Below is a list of things you should know when you call a law office to schedule a consultation:

The person you are speaking with is most likely not an attorney: Most law offices have administrative staff or paralegals who answer the phones.
It is best to make a concise list of the key issues involved in your situation so the paralegal can determine which area of law pertains to your issues.
Listen to the questions you are asked on the phone and give brief yet specific answers.
Paralegals and administrative staff cannot set legal fees pursuant to the Florida Bar Code of Ethics and Responsibility Rule 20-7.1(d)(1). The Paralegal may quote a fee only after permission from the supervising attorney. Fees are discussed at the time of consultation. The Collins Law Group offers free consultations.
Be prepared to know which days/times you would like to schedule your consultation.
Inform the paralegal if you are a former client.
Law offices like to know how you heard about them; try to remember your referral source.

After the call:

When you arrive for your consultation, you will be required to complete a form requesting contact and case information. This form is personal and confidential and will not be used or sold for advertising or any other purpose.
Bring case-related documents with you in case you have specific questions about them or in case the attorney wants to review them with you.
Be prepared: prior to your consultation, make a list of questions you would like to have answered.

Near the end of your consultation, the attorney will discuss retainer fees, charges, billing and other issues related to retaining an attorney. You will likely have the opportunity to hire the attorney at the conclusion of the consultation. Before you can hire the attorney, you will need to review a written contract as well as pay the agreed-upon retainer fee. If your intention is to hire the attorney at the conclusion of the consultation, it will be helpful to bring your checkbook, credit card, or if someone else is going to help you pay for the attorney, have that person with you or standing by. The attorney cannot begin work on your case until the retainer fee is paid.

Best of luck in your quest for legal representation!

Tips for Testifying in Court

Peter Collins — Fri, 09 Sep 2011 13:46:05 +0000

Testifying in Court can be a very stressful experience. This is because most people have never been to court before, and don’t know what to expect. Here are some tips that will make your appearance in court less stressful, and increase the chances of a positive outcome.

Before You Testify

1. Practice. Meet with your attorney beforehand to go over the questions your attorney will ask you on the stand. Also, go over questions the other attorney will ask you. Knowing what to expect will help you to calmly, and clearly answer questions.

2. Prepare. Review all the paperwork in your case before you testify. If you have testified previously in a deposition, or wrote an affidavit or statement, review it. You will probably be asked about these documents in court. If they are fresh in your mind, your answers will be more accurate.

3. Dress for Success. Although Florida is a very casual place to live, the courtroom is not. It is a serious place, where serious things happen. Some judges won’t let you in their courtroom if you are dressed inappropriately. So, what is “appropriate”? You should dress in “business casual” wear, or in other words, wear your “church clothes.” Never dress in shorts, jeans, t-shirts, sneakers, flip-flops, or other such clothing. For better or worse, how you look to the judge and/or jury can leave a lasting impression, and affect the outcome of your case.

4. Always Act as if All Eyes are On You. From the beginning, the judge and/or the jury will be watching you. How you act can affect your credibility. Laughing loudly, chewing gum, or slouching in your chair, can all convey a disrespectful message. As we tell our children, “be on your best behavior”.

5. Arrive Early. Leave your house early. If you don’t know where the courthouse is, find out ahead of time. As a rule of thumb, you should be at the courtroom at least 15 minutes before your case is scheduled to begin. You may need to meet with your attorney, or go through a long security checkpoint. Being late for court can sometimes cost you the case in some judge’s courtrooms.

6. Be Patient. The wheels of justice grind slowly. Just because you are on time for court, doesn’t mean court will be on time for you. Often, there are unavoidable delays. There is nothing that you, or your attorney, can generally do about this, so the best thing to do is accept it calmly and move on.

When You Testify

7. Stick to the Facts. This is the most important thing anyone can do when testifying. Everyone wants the judge or jury to believe them, but not everyone tells the truth. Even when you do tell the truth, if you exaggerate or minimize the facts, the judge or jury might not believe you. Don’t. When you testify, your credibility is going to be a central issue. Whether you are before a judge or jury, this can make or break your case.

8. Just Answer the question. When you testify, answer the specific question asked of you. Don’t try to throw in facts that you think are relevant. Also, never refuse to answer, or avoid answering a question. This can be a sign that you are being evasive or dishonest. Attorneys are trained in the art of direct and cross-examination and most have years of courtroom experience. Don’t think that you can verbally spar with an attorney and win points with the judge or jury. It will backfire.

9. Trust your Attorney. Your attorney knows the facts of your case and how to apply them to the law in court. He or she will ask the right questions of you and the other witnesses, and object to inappropriate questions or answers when necessary. At no point should you, as the witness, refuse to answer a question or object to a question that is asked. That is the attorney’s job, not yours.

10. Listen to the judge. The judge is the ultimate authority in court. If the judge tells you to do something, do it. If the judge asks you a question, answer it. Never question a judge’s authority or talk back to a judge.

Although testifying in court is rarely a fun experience for a litigant or witness, by following these tips, you can significantly reduce your stress and increase the chances of a favorable outcome for you.

If I File for Bankruptcy, Will I Have to Go to Court?

Julie Collins — Mon, 23 Aug 2010 15:39:27 +0000

In a typical Chapter 7 bankruptcy, you will not be required to appear before a judge in Bankruptcy Court. But you will be required to attend one Meeting of Creditors, also known as the Section 341 meeting. This is held in a federal building located at 501 E. Polk Street, Tampa, Florida. The meeting is presided over by a Bankruptcy Trustee who has been assigned, and is familiar with, your case. You will be called up to the Trustee’s desk, put under oath, and asked questions regarding your finances, assets, debts, and circumstances surrounding your bankruptcy. Creditors rarely appear. The meeting usually lasts about 10-15 minutes.

———————-
Need a Sarasota Bankruptcy Attorney? We offer free consultations. Contact us today!

Do I Have to File Bankruptcy with My Spouse?

Julie Collins — Mon, 23 Aug 2010 15:35:59 +0000

No. If your debt is in your name alone, you can file bankruptcy independently from your spouse. However, if your spouse shares the debt with you, (for example if you have joint credit cards), your spouse may still be on the hook for the debt. It may be best to file jointly in that situation. It should also be noted that for purposes of determining just how much income you receive, your spouse’s income, minus his/her debt, will be included.
———————-
Need a Sarasota Bankruptcy Attorney? We offer free consultations. Contact us today!

What is the Automatic Stay?

Julie Collins — Mon, 23 Aug 2010 15:32:03 +0000

Once your case is filed, the Automatic Stay is triggered which means all collection activities have to cease. These include phone calls, lawsuits, garnishments, set-offs, repossessions, and foreclosure actions. How do these creditors receive notice of your bankruptcy? The Court sends your creditors notice from the Creditor Matrix on your petition. This may take several weeks. Therefore, you should arm yourself with your bankruptcy case number and give the information to your creditors, especially if there is a threat of repossession before they get notice.

—-
Need a Sarasota Bankruptcy Attorney? We offer free consultations. Contact us today!

Will Filing a Bankruptcy Stop my Creditors from Calling Me?

Julie Collins — Mon, 23 Aug 2010 15:23:33 +0000

Yes. The filing of a bankruptcy petition triggers a very powerful tool which is called the Automatic Stay which prevents your creditors from any and all collection activities, which includes phone calls.

——————————–

Need a Sarasota Bankruptcy Attorney? We offer free consultations. Contact us today!

How often can I file Bankruptcy?

Julie Collins — Mon, 23 Aug 2010 15:16:25 +0000

A Chapter 7 bankruptcy can be filed 8 years from a previous Chapter 7 filing. If your prior bankruptcy was a Chapter 13, you have to wait 6 years to file a Chapter 7. The time period runs from the beginning of the case, not the discharge date.

A Chapter 13 bankruptcy can be filed 4 years from a prior Chapter 7 filing or 2 years from a prior Chapter 13 filing.

As with anything, there are exceptions, especially for “repeat filers” and cases which were dismissed for abuse.

Need a Sarasota Bankruptcy Attorney? We offer free consultations. Contact us today!

Will Chapter 7 erase all my debt?

Julie Collins — Mon, 23 Aug 2010 15:11:57 +0000

No. There are certain debts that Congress has determined are “non-dischargeable” in bankruptcy court. Some common examples are:

Certain taxes
Spouse and child support obligations
Debts resulting from fraud, false pretenses, or false representation
Debts arising from death/personal injury caused by DUI
Debts owed a single creditor of more than $550 for luxury goods within 90 days of filing
Student loans
Debts owed to pensions

————————————————–

Need a Sarasota Bankruptcy Attorney? We offer free consultations. Contact us today!

What is the difference between a Chapter 7 and 13?

Julie Collins — Mon, 23 Aug 2010 15:04:17 +0000

Chapter 7 bankruptcy is known as a liquidation bankruptcy. To qualify, you must earn below a certain income amount. A Trustee is appointed to your case to administer your “estate”. According to the law, you are allowed to keep a certain amount of real property, personal property, and equity in your property, called “exemptions”. The Trustee will see if there is any property that is “non-exempt”, and if so, will sell those assets to pay your creditors. At the end of the process, which usually lasts 6 months, all your dischargeable debt will be erased.

Chapter 13 is known as “reorganization” or “wage earner’s” bankruptcy. It is generally for people with a steady income, who have money left over at the end of the month to pay to their creditors. Chapter 13 is also appropriate for those who have assets they wish to keep. The payment plan lasts 3 – 5 years, and at the end your debts are discharged.
——————————–

Need a Sarasota Bankruptcy Attorney? We offer free consultations. Contact us today!