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Archive for November, 2014

Bankruptcy Crimes

November 26th, 2014

fraud

A business owner was recently found guilty of bankruptcy fraud, a federal crime, for failing to disclose a transfer of an asset.  In his defense, the business owner stated he did not list the transfer because he did not feel it was worth anything.  Whether it has value or not, all assets must be listed in your bankruptcy.  If you want to file for bankruptcy and don’t want to go to jail for a bankruptcy crime, feel free to contact us for assistance at 816-524-4949.

401(k) Contributions in Bankruptcy

November 25th, 2014

retirement

If you are in a Chapter 13 bankruptcy or thinking of filing a Chapter 13 bankruptcy and have a 401(k), you may have an issue continuing to contribute to your 401(k) after filing.

If you need legal assistance, contact our office at 816-524-4949.

Small Claims FAQs

November 24th, 2014

court 1

Here are a few little-known facts about small claims court:

  1. Claims are limited to $5,000 or less;
  2. Attorneys can be used, but are not required;
  3. You must serve the paperwork on the person you are suing;
  4. There is usually a reduced filing fee;
  5. Consumers can only file six lawsuits a year in small claims court.

If you need assistance with small claims court, contact our law office at 816-524-4949.

Oklahoma Adoptions

November 21st, 2014

adoption

A minor child may be adopted by consent as long as one of the following are met:

  1. Both parents of the child agree; or
  2. One parent of the child agrees and the other parent is either dead or had their parental rights terminated.

A minor child may be adopted without consent from the father if one of the following are met:

  1. The child is placed for adoption within 90 days of being born and the father has not exercised his parental rights and did not financially contribute to the support of the mother during her pregnancy; or 2. The child is placed for adoption within 14 months of being born and the father has not exercised his parental rights.                                                                                                                                                       If you are looking to adopt a child, contact our office at 816-524-4949.

Divorce and Railroad Pensions

November 19th, 2014

railroad

Railroad pensions are treated partly as Social Security and partly as a private pension under the Federal Railroad Retirement Act.  The portion that is treated as a private pension is subject to division in a divorce and is treated as marital property.  If you are a railroad worker or retiree who is facing a divorce, contact our office at 816-524-4949.

Tips about Security Deposits

November 17th, 2014

deposit

Here are a few tips regarding security deposits with landlords:

1. A security deposit cannot be more than two months’ rent;
2. Once the lease expires, the landlord has thirty days to return the deposit;
3. If the landlord keeps part or all of the deposit, the landlord must provide a list of damages or unpaid rent to be paid from the deposit;
4. A landlord must notify the tenant when the final inspection will be done;
5. A tenant has a right to be present at the inspection;
6. A tenant may not use the security deposit to pay the last month’s rent;
7. If a landlord wrongfully withholds part of a deposit, the tenant can sue the landlord for twice the amount wrongfully taken.

If you have an issue with your landlord, contact our law office at 816-524-4949

Dangerous Fists

November 17th, 2014

fight

Missouri courts have stated that a person’s hands or fists do not constitute a dangerous instrument or weapon. This means that a person should not be charged with a criminal action involving an armed weapon if the person only used their hands or fists.  If you have been charged with a crime, contact our office at 816-524-4949.

Little Known Facts about Leasing

November 12th, 2014

lease

1. It is illegal for a landlord to shut off your utilities unless it is for health and safety reasons.
2. Landlords can double the rent if you let someone else take over the lease without their permission.
3. Missouri only allows two adults per bedroom.
4. Evictions can be expedited when renters are involved in criminal activity.
5. Landlords must give a 60 day notice when ending a lease involving mobile homes or leases for less than a year.

If you are in need of legal assistance, contact our office at 816-524-4949.

Student Loan Groan

November 7th, 2014

student-loan-debt

Here are a few tips for getting your student loans back on track:

1. You may qualify for an income-based repayment plan;
2. Avoid forbearance if at all possible;
3. You may qualify for forgiveness if you make enough consecutive payments

Tips to Prevent Identity Theft

November 3rd, 2014

thief
Below is a list of tips to follow to avoid identity theft:

1. Don’t give out your social security number unless you initiate the contact.
2. Don’t put your social security number on your checks or driver’s license.
3. Shred trash with any sensitive information.
4. Don’t carry your social security card on you.
5. Only carry the credit cards and documents you need on a daily basis.
6. Use virus protection and a firewall for your computer.
7. Check bank statements and credit card statements regularly.
8. Check your credit report once a year.

If you need legal assistance, contact us at 816-524-4949.