Types of Wills

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The importance of having a Will cannot be overstated. There are many different types of Wills, and when it comes to estate planning, you'll want to make sure that you choose the right one. Your estate planning impacts your healthcare, assets, beneficiaries, and your loved ones. When you sign up for our Legal Protection Plans for Individuals & Families, you get a Will created for you by an experienced attorney at no additional cost. Read on for some information about the different types of Wills.

Simple Wills

A Simple Will is also called a Last Will & Testament, and it outlines how your assets are to be distributed when you pass away. A Simple Will can detail who is to receive your property, who will care for any minor children or pets you may have, and if you want to leave money to charitable organizations. Simple Wills are the most common type of will and are fairly straightforward and uncomplicated for those who do not have many assets.

Living Wills

A Living Will is designed to make you medical wishes known to healthcare providers in the event that you cannot voice those choices yourself. This type of will specifies details such as if you want life saving measures or life support, what types of medical treatment you want, and who can make decisions on your behalf if you become unable to make or communicate those decisions yourself.

Joint Wills

As the name implies, Joint Wills are a type of will that you make with another person. This document is generally used by spouses who intend to leave their assets to each other. The difference between a Joint Will and Mirror Will is that each person creates a separate document in a Joint Will, and Joint Wills cannot be changed independently.

Mirror Wills

As with Joint Wills, Mirror Wills are typically used by married couples who want to leave assets to each other, but the documents are identical in every way.

Holographic Wills

This type of will is handwritten and signed by the person who wrote it. It is generally not witnessed, but Holographic Wills have major drawbacks in that they are left open to interpretation by loved ones, which means that they can be contested in court.

Oral Wills

This type of will, also sometimes called a Nuncupative Will, is, as the name suggests, not written, but conveyed through speech. These types of wills are typically only used in extreme emergencies where there isn't time to write anything down. This makes them hard to authenticate and difficult to prove in court.

Pour-Over Wills

A Pour-Over Will is generally used in tandem with a trust. With a Pour-Over Will, your assets are transferred to your trust after you pass away, and then distributed from there according to your trust's terms.

With all the different types of Wills, knowing which one is right for your situation can be tricky, and making sure that your Will is legally enforceable can be difficult without legal assistance. Luckily, you get a free Will created for you by knowledgeable, dedicated, experienced attorneys with your paid membership to our Legal Protection Subscription Plans. That's right: for no additional fee, you can have the peace of mind of talking with an experienced estate planning lawyer, getting advice based on your situation, and having all the documents created for you for no additional cost! Your final wishes will be organized, detailed, and legal in the state where you live, giving you the peace of mind knowing that your loved ones will be spared difficult decisions in trying times. Learn more about these estate planning services or sign up today!

The Importance of a Living Will

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When a person cannot speak for themselves, a living will is an important health care document that is part of an estate plan, and it provides clear directives of a person's wishes, avoiding uncertainty in a difficult time and when loved ones may have differing wishes. A living will differs from a testamentary will in that it does not outline the disposal or distribution of a person's property or assets, but instead, a living will is a statement of a person's wishes as well as a guide for healthcare providers and family members.

What A Living Will Details

A living will - also known as an Advanced Directive - gives a person the right to direct future medical services and health care under circumstances where the person is unable to speak to healthcare providers or consult doctors personally due to incapacitation, a medical condition, or for another reason. This document gives instructions to medical personnel and health care providers for end-of-life situations; for example, directing attending physicians not to administer life-sustaining treatments or artificially administering nutrients or hydration. If such treatments have already begun, a living will may direct physicians to withdraw that treatment. A living will also allows you to appoint a proxy for your health care to help carry out your wishes. Laws vary state-to-state in regards to living wills and other documents, so it is always in your best interests to contact your attorney to discuss these and other estate planning issues.

Some states require that the attending physician and another doctor certify that the patient is permanently unconscious, terminally ill, or facing end-of-life conditions. If a healthcare proxy is named in a living will, that person can help make certain that the patient's wishes are carried out. The healthcare proxy should be someone who knows your wishes and is willing to make sure that those wishes are adhered to. It is also important to keep this information updated and current as your life changes.

Making A Living Will When You Are Well

If you are in good health, you may be asking why you need to have a living will. It is a document that will, hopefully, never be needed, but it can also alleviate stress for you and your loved ones in the event of a catastrophic medical issue or accident happens. It avoids disagreements among your loved ones at a stressful time, and ensures that what you want to happen is what occurs. Not having a living will has led to families dragging disagreements into court when they cannot agree on a plan to proceed involving a loved one's end-of-life care.

Many people have concerns regarding who makes the decision to administer or withdraw treatments when they cannot make those decisions themselves. A living will is an important and personal document that can avoid years of conflict or uncertainty about what a patient who cannot speak for themselves would want done. An example of this is a Florida case where a young, married woman fell unexpectedly into a coma and remained in that state for several years. Doctors believed that she would not recover and would remain vegetative for the rest of her life. Her husband wanted to remove life-sustaining treatments, but her parents wanted the treatment to continue. The case went to court, and, after a lengthy and expensive trial, the state court decided that the treatments could be stopped, and the woman passed away a few weeks later. This case highlights the importance of a living will, even for young, healthy adults.

If you are interested in preparing a living will as part of your estate planning, and want to make sure that it is legally enforceable in your state, speaking with an experienced, dedicated estate planning attorney is the best course of action. While many law firms charge thousands of dollars to prepare estate planning documents, members of our legal subscription plans get these essential documents prepared at no additional charge. Individuals and families can sign up for our legal subscription plans for just $299 per year and begin your living will, testamentary will, and other estate planning documents quickly and easily using our app for no additional cost. After filling out a quick questionnaire in the app, your attorney will contact you with any additional questions and have your documents prepared and ready to file with your state usually within just a few days. And another benefit is that you can update your wills for free at any time when your life changes as long as you remain a member. Learn more about estate planning through our legal subscription plans or sign up today!

Do You Need A Will?

When it comes to the topic of estate planning, most people have one question: do I need a Will? No one likes thinking or talking about death and dying, but your estate planning documents are some of the most important legal documents you will ever need, and you shouldn't wait to create one. Your Last Will & Testament not only outlines your wishes for the distribution of your property and assets, but it also details your wishes regarding the care of any minor children you may have, your wishes for your health care should you become unable to voice those decisions yourself, and even what happens to your pets after you pass away.

Many people think that Wills are just for wealthy people and that regular folks don't need a Will, but, in actuality, every person over the age of 18 needs a Will, regardless of how much wealth they have. If you have questions about your estate planning, or would like to get your Last Will & Testament created at no additional fee, our Legal Protection Subscription Plans may be right for you. Learn more about all the benefits of becoming a member, get details about getting your free Last Will & Testament when you become a member, and read on for more information about Wills and Estate Planning and why you should consider them now.

Creating a Will as soon as possible, regardless of your finances or age, ensures that your children, pets, property, money, and other assets are cared for in the manner you wish for them. If you pass away without a Will, your estate is considered "intestate," which means that the courts in your state will decide how your assets, property, and money is divided up without your input. If you have no heirs, your assets and property could go to the state. If you have children, the courts will decide how they are cared for; the same goes for pets. Having a Will means that you get to choose how your children will be cared for, who will care for your pets, and how your property and assets are distributed when the time comes.

Consider drafting a Living Will or Advanced Directive at the same time so that your wishes for your health care are known if you should become incapacitated or otherwise can't voice those decisions to health care providers.

A Will also minimizes family conflicts and alleviates stress at a difficult time. Your Will makes certain that your wishes are carried out legally and are enforceable in the state where you live.

Besides that fact that many people don't like thinking about passing away, people also avoid taking action when it comes to estate planning because they fear it will be difficult or confusing. Members of our Legal Protection Plans get a Last Will & Testament drafted by experienced, dedicated estate planning lawyers in our network of law firms across the country at no additional fee, making sure that their estate planning documents are complete, accurate, and most importantly, legally enforceable in your state's courts. Getting your estate planning documents created by our attorneys can happen in as little as five business days and all you need to do is answer a few simple questions about your estate, property, assets, and beneficiaries. You can even do this in the app and your attorney will contact you in a day or so for more details if needed. You can update your Will whenever your situation changes, too, as long as you're a member. Learn more about our Legal protection Subscription Plans for Individuals & Families, or sign up today!

August is National "Make a Will" Month - Members Create Wills For Free All Year Long!

Most law offices charge thousands of dollars for Estate Planning Legal Services, but members of our Legal Subscription Plans for Individuals & Families can not only get their estate planning done for free, they also get a year of legal advice and service from our network of law firms across the US, Canada, and UK! You will have the peace of mind of knowing that your will is complete, legal, and ready with the help of our network of experienced, dedicated, attorneys, as well as being able to have your attorney look over other documents and contracts, write letters and make phone calls on your behalf, help you with consumer finance issues, settle disputes, and much more! Take a look at the list of services available to our legal plan subscribers at this link. All of this for just $299 for the entire year!

Summer is a great time to cross items off your "to-do" list, and, with our Legal Subscription Plan Member Benefit of a Free Last Will & Testament, creating your will doesn't have to be complicated, difficult, or expensive, and, no matter where you are in your estate planning, there are things you can do right now to save you time and money, and to spare legal hassles for your loved ones in the future.

Organize your thoughts and create a draft of your wishes

It isn't just wealthy, elderly persons with mansions who need a will; age and income are irrelevant when it comes to who needs to have a will. Your will doesn't need to be a lengthy, intimidating legal document. Making sure your health care wishes are carried out if you should become incapacitated or otherwise unable to tell doctors what your wishes are is of the utmost importance, and your Advance Directive or Living Will makes it easy to put your wishes for your future health care in writing in a legally enforceable format. If you own assets or have children, a will is one of the most important documents you need to have. Make a list of your assets - such as bank accounts, houses, vehicles, even pets - and to whom you'd like them to go. Start thinking about trustworthy individuals you can appoint to important roles in your will. Thinking about financial and health care powers of attorney and to whom you would want to make those decisions on your behalf is a good idea at this phase, too.

Have Contingency Plans

As you select important roles for loved ones carrying out your final wishes - such executor of your will, who has your power of attorney, who will have custody of your children (if you have any) - think about second and third options in the event that something happens to your first choices down the road. These aren't fun things to think about, but taking care of them now will make a stressful situation less complicated in the future.

When you become a subscriber to our legal subscription plans, drafting your will is easy, and you know that it will be enforceable in your state of residence, as you will get to work with local attorneys who know how estate law is applied in your state. Since laws governing wills, estates, and probate vary from state to state, it is invaluable to have a legal professional in your corner when drafting your will.

From our app, sign in and click "Start Will." Fill out the short questionnaire and an attorney in your area will get in touch to go over your answers. From there, your attorney will prepare your will for your review in as little as five business days. You will have the opportunity to make changes and finalize the document. Once filed, keep your copy in a safe, secure, accessible place.

As your life changes, you may need to update your will, such as if you have children, get married, get divorced, buy a house, and more. Continuing to stay on as a legal plan subscriber gives you access to update your will whenever you need to at no additional charge.

So don't wait! Sign up to become a member of our Legal Subscription Plans for Individuals & Families today and get your Will and other Estate Planning documents prepared at no additional charge!

Have An Attorney Draft Your Will For Free

The overwhelming and complicated nature of wills is why a majority of Americans don't have a will, among the most important legal documents in the average American's lifetime. In face, most Americans fail to make out a will before passing away.

Making a will can seem like a daunting task, but passing away without a will leaves you and your family without any control of where assets go or who will care for your children, leaving those decisions solely up to the court system.

The good news is, our Individuals and Families Legal Subscription Plan comes complete with estate planning at no additional charge. That's right: sign up for an Individuals & Families Legal Subscription Plan and you will be able to have your will created by experienced estate planning attorneys at no additional cost to you.

Having an attorney walk you through creating your will and other estate planning will help make sure that your will is complete, accurate, enforceable, and legal in your state. Your attorney will be able to help you make decisions you know need to be made and probably help you address issues you hadn't thought of yet.

Some issues to consider while drafting your will with your attorney:

• Who will receive your assets? Your house, money, cars, and other belongings?

• Who will be the Executor or Representative for your will? This person will need to know where your estate documents - including your will - are located in the event of your passing, and will make sure that your wishes are carried out, so this needs to be someone you trust.

• If you have minor children, who will be the appointed guardian?

Without a will, the courts of your state will decide who will be the guardian of your minor children, so this is definitely one of the most important aspects of your will. Your will needs to be as specific as possible when it comes to scenarios that can happen over time, such as, what happens if your chosen guardians get divorced, pass away, move to another state, etc?

Make sure that the names of anyone in your will and their relationships to you are spelled out in your will. Be specific with names: instead of saying "my wife" or "my husband," use their full legal names and double check the spelling.

Finally, making sure that your will is enforceable means that it must meet the legal requirements for a will in your state. Each state has its own laws that govern the requirements that wills must meet. Knowing what those requirements are and how to meet them is much easier with the help of an experienced estate planning attorney.

As a member of our legal subscription plans, starting your will is easy.

From the app, tap the "Start Will or Other Document" tile and fill out the short questionnaire about your marital status, your assets, and final wishes. When you are finished, tap "Submit to Provider" and the answers will be sent to your provider attorney to start drafting your will. Your attorney will call you and review your answers and ask any additional questions to complete your will. Within two weeks, you will receive your finished will. From there, make sure to follow your attorney's instructions to have your will properly executed. And, if you ever have further questions or need assistance, your attorney is only a phone call away.

Don't wait until it's too late to have these important documents finalized. Sign up today to get your free will drafted by experienced lawyers today! With our legal subscription plan, you will be able to have a lawyer assist you with your estate planning or any other personal legal matter for just one low, monthly fee.

Adult Legal Guardianship - What It Is & Why It's Needed

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It's a difficult situation when a loved one can no longer take care of themselves and their needs, but legal guardianship can help. Legal guardianship is a legal process where a loved one petitions the court for permission to act on another person's behalf, usually a loved one who cannot make decisions or care for themselves on their own. This can be a minor, or an adult who is elderly, infirm, or incapacitated. The legal guardianship process will name a third party caregiver for the person - also called a ward - to ensure that the person's financial and physical needs are met. If you need to establish guardianship for an adult or minor, your attorney through our Legal protection Subscription Plans for Individuals & Families will be able to help. Learn more about all the benefits of membership, and read on for an overview of guardianship.

Laws governing guardianship vary by state, but, in general, the person petitioning for adult guardianship for a loved one chooses the type and kind of oversight needed, including financial decisions, medical decisions, personal decisions, or all of the above. When the person placed under guardianship is under the age of 18, there is generally a natural end date for this type of guardianship; however, when the ward is an adult, the oversight may continue for the rest of a person's life.

Adult guardianship is a way to protect elderly or incapacitated adults who may not be making sound decisions, such as financial decisions or dangerous activities. The legal process for petitioning for adult guardianship begins by filing paperwork with the court that shows the need for someone to have a loved one make important legal decisions about their life, health, and finances. Showing the necessity for guardianship when the person in question is a minor is typically easier to determine. These reasons include:

• A minor has lost both parents

• One or both parents are ill or otherwise cannot provide care

• One or both parents are incarcerated

• One or both parents are deployed with the military

• One or both parents cannot care for the child for another reason

When the person needing guardianship is a legal adult, the process can be a bit more difficult and take considerably more time. Emergency guardianship for an adult can be put in place quickly if you can prove the person needs immediate medical help that they are not seeking themselves, in cases of exploitation or abuse, or if you can document another pressing need for guardianship. Your attorney can review your documentation and give advice regarding your specific case to help you determine whether the courts are likely to grant emergency guardianship based on the facts you provide. Emergency guardianship is generally only granted in extreme cases where the person in question is unable to care for themselves and are in extreme and immediate danger and when there are no alternatives to alleviate the situation.

The legal process for granting adult guardianship will name a guardian - sometimes called a conservator - and this person will be responsible for overseeing the person's personal, medical, and/or financial affairs and decisions. In some cases, more than one person is named as a guardian, and the person chosen for this responsibility should be taken very seriously, as this person will be ensuring the person:

• Remains safe from fraud, abuse, and neglect

• Maintains a high quality of life

• Is protected from exploitation, financial or otherwise

• Receives needed medical care and treatments
  

Your loved one's specific situation may allow for alternatives to adult guardianship, including:

• Financial Power of Attorney

• Medical Power of Attorney

• Trusts and Living Wills

• Other community-based solutions
  

Guardianship cases are generally filed in county probate courts, and your lawyer will be able to advise you on the appropriate venue for filing. This is typically the county and state where the person currently lives, regardless of where the potential caregiver currently resides or where the ward will reside if and when guardianship is granted.

Some guardianship cases require a court appearance, but the process varies from state-to-state and even between counties in the same state. Generally, there will be a number of forms and documents to fill out, sign, and file with the appropriate court. This will include information about the ward, about the caregiver, about the ward's condition and medical history, and possibly, other steps that have been taken to alleviate the situation prior to seeking adult guardianship. The petitioner for guardianship can expect to answer a number of questions explaining the need for guardianship, and these may include information about the person(s) who will be guardians and medical information about your loved one's current condition demonstrating the need for a guardian, among other information and documentation, depending on your specific case and the laws of the court where you are filing.

It isn't always possible to restore the rights of a person after they have been placed in a guardianship, as most guardianships for adults are put in place due to debilitating conditions or progressive diseases such as Alzheimer's or dementia. In many cases, particularly in cases of elderly wards, the guardianship ends when the ward passes away. However, there have been cases of wards who recovered from the situations or conditions that required the guardianship, and their rights can be restored once they are again capable of caring for themselves. The guardianship system has protocols in place to check on the progress to review and assess progress and stability, to determine if the guardian is still needed or if the ward's interests and needs are being met.

Some states have annual check-ins and you will want to keep records of expenses and receipts of what is spent from the ward's accounts.

If your loved one needs assistance managing the tasks of everyday for their own health and safety, seeking guardianship may be a solution. It is important that you consult with a qualified, dedicated elder law attorney to explore all possible solutions for your situation, and our network of attorneys through our Legal Protection Subscription Plans for Individuals & Families lets you speak with an experienced attorney for just one low, monthly fee. Learn more about the benefits of membership or sign up today!

Maternity Leave & Your Rights

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When you're expecting, the last thing you should have to think about is your rights at work, but some employers deny workers rights to maternity leave. Workers have various Federal, state, and local laws governing maternity leave, and if you find yourself fighting with your employer over your right to maternity leave, your attorney through our Legal Protection Subscription Plans for Individuals & Families can walk you through your options based on the laws of the state where you live, as well as give you advice for your specific situation. Learn more about all the benefits of membership, and read on for a brief overview of maternity leave rights.

Maternity leave allows mothers to have time away from their jobs in order to rest and recuperate from child birth as well as bond with and care for their newborns. Depending on your employment situation, this kind of leave will most likely be unpaid, as paid maternity leave is rare in the United States. Federal Law through the Family and Medical Leave Act (FMLA) requires that your employer give you 12 weeks of unpaid, job-protected maternity leave; unfortunately, this law only applies if your employer has more than 50 employees. Since October of 2020, Federal employees are guaranteed 12 weeks of paid parental leave, but maternity leave laws vary from state to state for non-Federal employees.

FMLA leave has eligibility rules, including that you have worked for your employer for at least a year, and 1,250 hours in the 12 months preceding when the leave begins. The employer must have more than 50 employees, or be a public agency or a school. The FMLA only covers new mothers so that they have time to bond with their child, and this applies to adoptive parents, as well.

Employers are not required to pay employees while on FMLA maternity leave, but some employers do offer paid leave, though they are not required to by any federal, state, or local law in the United States. The Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978 provide some additional protections for a pregnant person's job if they need time off due to child birth, as well.

If your employer is resisting giving you time off for maternity leave, you may need to advocate for yourself, and knowing the laws in your state will be very helpful in this situation. Your attorney through our Legal Protection Subscription Plans for Individuals & Families will be able to give you advice based on your specific situation and your state of residence or employment, including help filing a claim with the Equal Employment Opportunity Commission (EEOC), a governmental body that enforces Federal laws that make it illegal for employers to discriminate against employees. Learn more about all the benefits of membership or sign up today to protect your rights!

Protect Packages from Porch Pirates

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Millions of people shop online everyday, but statistics show that the prevalence of thieves who steal deliveries from doorsteps - colloquially known as "porch pirates" - has gone up alongside the rise in online shopping. These opportunistic thieves cruise neighborhoods looking for unattended packages to purloin, and, once stolen, it may feel like there is little you can do to get your money or your purchase back. Your attorney through your membership in our Legal Protection Subscription Plans for Individuals & Families can help you by going over purchasing agreements with the business you ordered from as well as the delivery company to go over any refund clauses to make sure they're holding up their end of the bargain so you may get refunded if your purchases ever get stolen from your porch. Learn more about all the benefits of membership and read on for a few tips on preventing porch piracy.

• Have a locked receptacle on your porch where delivery drivers can put your packages

• Require a signature from someone in your household to accept all deliveries

• Have packages sent to and kept at the Post Office until you pick them up

• Install security cameras

• Have packages delivered to your work

• Maintain a Post Office box where you can collect deliveries

Don't take risks and confront package thieves. A physical altercation with a thief can - believe it or not - put you at risk for being responsible if the thief is injured on your property. Your attorney through our Legal Protection Plans for Individuals & Families can go over purchasing and delivery agreements with you so you can better understand your rights and responsibilities - as well as the responsibilities of the seller and the delivery company - when it comes to thieves stealing your deliveries. Learn more about all the benefits of membership or sign up today!

Protect Your Identity in 2023

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One resolution we should all have for the new year is to better protect our identities. Fraud and identity theft-related scams continue to rise each year, so it is important to build better habits - online and off - to protect ourselves from crime, fraud, scams, and identity theft. We offer a comprehensive Identity Theft Protection Service that provides continuous monitoring, unlimited recovery of your identity if you are compromised, and we help educate you on ways to protect yourself from identity theft. Learn more about our Identity Theft Protection Service and read on for a few Identity Theft Protection tips:

A scammer who steals your personal information can do many things with the data, including buying houses or vehicles, get medical services or change your medical records, open bank accounts, get credit cards, rent properties, and even get in trouble with the law, all using your name and personal information. Identity theft can happen to anyone; your personal information can be hacked from a store's database after you've made a purchase, for example, but there are a few things you can do to lessen the chances of being the victim of identity theft:

• Don't carry your Social Security Card with you. Put it in a safe place and only give the number out when absolutely necessary.

• Vet people and organizations you give your personal information to; don't share your personal information (SSN, birthday, bank account number, driver's license number) with someone just because they ask for it.

• Don't let your mail build up in an unsecured location. Make sure to pick it up every day or put your mail on hold at the Post Office if you're going to be away from home.

• If your phone has security features, use them!

• Use a VPN when using public WiFi, and make sure your firewalls are updated.

• Periodically review your bank and credit card statements to reconcile receipts and transactions.

• Keep track of your billing cycles, and if a bill is late, contact the issuer to find out why.

• Shred credit card offers and expired credit cards, and, when you're through with them, shred account statements and receipts, as well, as scammers can (and do!) dig through trash for personal information.

• Keep all your personal information in a safe place.

• Install firewalls and anti-virus/anti-malware software on your computers.

• Use unique, complex passwords for each different site you log in to.

• Change your password at a site if they tell you they've had a data breach.

• Review your credit reports periodically to make sure they don't include accounts you haven't opened

• Freeze your credit files with the credit reporting bureaus. This is a free service that will prevent a scammer from applying for credit or utilities in your name.

If your identity is compromised, we are the ONLY company with dedicated Licensed Private Investigators who will immediately begin restoring your identity back to exactly the way it was. Worry less and live more with our Identity Theft Protection Services!

Your Guide To A New Credit Card

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It's a familiar sight: you open your mailbox and see a bunch of envelopes... and half of them turn out to be credit card offers. Your email inbox often looks the same. Credit cards can be a great way of building or rebuilding credit, but it's important to understand the terms and conditions that come along with accepting offers of new lines of credit. Your attorney through our Legal Protection Subscription Plans for Individuals & Families can help you understand the legal language in these agreements and contracts, protecting you and your money before you ever sign on the dotted line. Learn more about our Legal Subscription Plans and read on for a few tips regarding new credit cards.

A "Low Interest Rate" offer is a familiar hook that credit card companies use to lure in new customers, but it is important to understand the terms of the offer. Low interest rates are often billed as "introductory," meaning that they end after a period of time and the interest rate will go up (in some cases, dramatically) when that period ends. This can lock you into high payments that you may not be able to afford. Make sure you understand what the interest rates will be during the introductory period and what they will be when they expire as this will have an enormous impact on your ability to repay.

Another interest rate-related item is that there may be different interest rates depending on the type of transaction. For example, cash advances often carry much higher interest rates than consumer spending, While this information is included with your agreement when you sign up, it is often in fine print and is sometimes worded to be deliberately confusing. An attorney will be able to look over the agreement and tell you what the contract states the interest rates will be for various types of transactions.

A missing or late payment can void the low introductory interest rate and incur additional fees. Knowing when payments are due is critical, and, if you choose to pay by mail, make sure that you have allowed for ample time for the payment to be delivered, sorted, and applied to your account before the due date. Electronic and automatic payments can alleviate this problem.

How you pay can also add fees. This is information that is likely buried in the fine print of your agreement, but some payment methods actually incur processing fees, most commonly when making payments via telephone. Make sure that you know which payment methods have an additional fee attached to avoid them.

Exceeding your credit limit can also have major consequences. Many people think that if you try to spend more on your credit card than the credit limit you have allows that the transaction won't go through, but this is often not the case. Some credit card companies allow you exceed your credit limit so that they can charge you substantial fees when it happens. These fees and penalties add up quickly and make your debt much larger than your credit limit.

In fact, using credit cards can have all kinds of fees. In addition to late fees, payment method fees, overcharge fees, and administration fees, you can also be charged for using ATMs, balance transfers, and more, including an annual fee just for having the card.

Credit card companies know that virtually no one actually reads the fine print in the cardholder agreements, but all of this information is there. When people do read it, it is often written in such a way as to be difficult to understand (in legalese, so to speak)and printed in nearly unreadable font sizes. Credit card agreements are generally available to print from the credit card company's web site, and you can alter the font size to make it more readable. it is very important to your finances that you take the time to read and understand what you are agreeing to when you accept a credit card offer. Your rights and responsibilities are laid out in these documents, but credit card companies don't make it terribly easy for you.

If you are interested in getting a new credit card but have difficulty reading the fine print and need help understanding what it means for you and your money, your attorney through our Legal Protection Subscription Plans for Individuals & Families will be able to help by going over agreements and contracts from credit card companies, contractors, utilities, and other services before you sign so you know exactly what you're agreeing to. It's just one of the hundreds of benefits available to you for just one low, monthly fee through our Legal Protection Plans. Learn more about all the benefits of membership or sign up today!

Reducing Debt

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Millions of Americans struggle with debt, and finding a way out of what can feel like an overwhelming obstacle can feel difficult, if not impossible. Luckily, members of our Legal Protection Subscription Plans for Individuals & Families can get legal advice and assistance to negotiate debt settlements with your creditors or help with a collection issue, all for just one, low monthly fee. Learn more about the benefits of membership and read on for a few tips about managing debt.

Gather Your Information

The first step is almost always the hardest, so start by making a list of your creditors and how much you owe. If some debts have gone to collections, take note of the original creditor and the company managing the collection action. Gather letters, invoices, bills, and other pertinent documents as your attorney will need to review them.

Make Sure The Debt Is Yours

It happens more often than people think. An entire cottage industry of fraudulent collection companies use intimidation tactics to convince people to pay debts that aren't theirs. Some of these companies will try to get you to pay for a family member's debt. Additionally, cases of mistaken identity do happen in the collection business, so carefully examine all bills you receive to ascertain if the debt really is yours.

Create A Budget

Managing debt means knowing what you owe and how much you can afford to pay to whittle down your debt. This requires taking a long, hard look at your finances and cutting unnecessary purchases and expenses where possible, as well as committing to a certain amount each month toward your debt repayment. Even a small amount will make a difference over time.

Decide Which Debt Is A Priority

Developing a strategy for paying back your debts can also be helpful. Know which debts are secured and which are unsecured. Secured debts are typically for larger purchases, such as your house or your car, so making these your top priority will mean that you don't lose these assets. Your next priority will be to any court-ordered payments, such as child support or alimony, as you don't want to risk an issue with the courts. After these, it's often helpful to organize debts by interest rate so that you are paying more to your highest interest rate debts, thus paying them off faster, lowering your total debt over time. Lastly, any debts that are already in collections or are soon headed that way will need to be dealt with either through negotiating a payment plan or some form of consolidation in order to avoid any additional legal fees.

Negotiate Payment Plans

Many creditors are happy to negotiate payments or a settlement amount that is lower than what they say you owe them. Make sure to get the agreement in writing, and your attorney through our Legal Protection Plans can help you negotiate with creditors, collection agencies, and others to lower your monthly payments. Your attorney can also review contracts and documents for such agreements you've negotiated yourself to protect your rights and your money.

Consolidation

While consolidation is one way to handle mounting debt, it is worth noting that there are fraudulent entities in this industry, as well; our attorneys hear from members all the time who were taken in by promises from consolidation companies to reduce or eliminate debt and the promises never materialized. Review contracts and agreements with consolidation companies with your attorney to make sure that you're not being taken advantage of - or will end up paying more than you owe - before you sign any paperwork with a consolidation company.

Bankruptcy

Bankruptcy isn't the black mark that some people think it is; it doesn't mean that you're a failure if you have to declare bankruptcy. In fact, bankruptcy can provide you with the recovery and new start that you may need. As always, your attorney through our Legal Protection Plans can help you decide if bankruptcy is the right choice for your financial well being and assist you with the paperwork and documentation needed to file for bankruptcy in your state and county.

In the end, there are many ways to manage debt and your attorney will be able to help you in numerous ways to get you back on your feet and thriving again, all for one low, monthly subscription fee. Learn more about all the benefits of membership in our Legal Protection Subscription Plans for Individuals & Families or sign up today!

What Is Defamation?

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Defamation is a term that is thrown around in the media a lot, but what does it really mean? Defamation is a public statement that damages another person's reputation. Sometimes called "defamation of character," when someone believes that a false statement has hurt their character or the public’s perception of them, that person can sue the person stating the falsehoods. While there is some confusion about how statements can impact one's First Amendment rights and how that impacts another person's reputation, the simplest way to think about it is this: while a person has the right to speak the truth, the keyword is "truth"; no person has the right to make false statements about another person. Further, First Amendment rights mean that a governmental body cannot prosecute you for what you say; it doesn't mean that someone else can't take actions regarding your statements. If you have questions regarding a potential defamation case, contact your attorney through our Legal Protection Subscription Plans for Families & Individuals and read on for a brief overview of defamation.

After you bring a defamation lawsuit, you will need to prove all of the following:

• A person made a statement about you

• The statement was disseminated and/or published in public

• The statement damaged your reputation

• The statement was false

• The person who made the statement did not have the right to do so

The frequency of defamation cases has increased with the ready availability of publishing tools afforded by the Internet and social media sites. It is always important to remember that posting something on a social media site is like taking out a full page ad in the newspaper a couple of decades ago. Additionally, you are responsible for everything you say on these platforms; oversharing - and not paying attention to audience settings - can lead to legal issues. What you say online is treated the same way as traditional forms of publication and media.

Both slander and libel are forms of defamation. Defamatory comments that are only spoken (such as in a TV interview) is considered slander, while remarks that are published - including on social media - is libel.

The laws concerning defamation vary from state to state and can be complex, so it is always best to consult with an attorney if you are the victim of or have been accused of defamation, slander, or libel. You can get all your legal questions answered by our dedicated, experienced network of attorneys for one low, monthly fee when you sign up for our Legal Protection Subscription Plans for Individuals & Families. Sign up today!

Employee Privacy Rights

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Today's workplace has many pitfalls when it comes to employee privacy rights. While your employer is permitted to monitor certain aspects of your job in regards to business reasons, these things are limited to very specific things. Employers are not allowed to monitor your private communications or what you do when you're not at work (such as on breaks or before or after your shift). If you feel that you have been the victim of an invasion of privacy while at work, your attorney through our Legal Protection Subscription Plans for Individuals & Families may be able to help. A dedicated, experienced employment attorney will be able to give you advice and answer questions specific to your situation at no additional cost. Learn more about all the benefits of membership and read on for a brief overview of the types and kinds of privacy protection you should expect at work.

In the United States, employees have rights regarding their privacy at work, including email privacy, social media privacy, and personal privacy, prohibiting surveillance by management or other employees. These rights are constitutional rights, court decisions, and federal and state laws that act as legal protections prohibiting employers from disclosing employees' personal information. An example is the 1974 Federal Privacy Act that protects employees private information, requiring that government agencies protect this information from being disclosed without the employees' consent. Some states also have additional laws protecting employees personal information, including medical and financial information.

There is an additional "common law" privacy right that workers have that comes from court decisions, giving employees the right to maintain privacy of some information from the employer. One case involved a worker keeping her pregnancy private from her employer.

Employers monitor workers all the time for security purposes, but they are prohibited from monitoring employee actions, including Internet and email activity. The same laws that prohibit other areas of workplace privacy also prohibit employers from reading employee emails without consent. The Stored Communications Act prohibits employers from accessing or disclosing the contents of emails without the employee's consent, and this also extends to Internet activity.

Further, employers are not allowed to monitor employees' social media activity, including accessing posts, private messages, photos, or comments without a "business need" to do so. What does this mean? An example might be if one employee is sending threatening messages to another employee. The employer would then be able to access the private messages as part of an investigation.

However, when it comes to telephone calls, employees only have a limited right to privacy, as employers are allowed to monitor employee calls for business purposes, such as to make sure employees are staying within company policy or in cases of misconduct. This does not mean that your employer can listen to personal phone calls to ascertain who the employee is talking to or what they're discussing.

Employers have the right to video surveillance for "business purposes." Typically, this means that employers can use video equipment for security, workplace safety, or to monitor misconduct. However, these cannot be used to watch employees on breaks or to see what they're doing when they're not at work.

Employers also cannot open and monitor Postal mail meant for employees, as the USPS has strict rules about how employee mail can and cannot be handled by employers and mail meant for employees cannot be intercepted by your employer.

Another area of employee privacy that has become more prominent recently is tracking with the use of GPS. This is seen most often in the trucking and shipping industries, and it is used to keep track of freight and trucks, prevent theft, and to find ways to make the process more efficient. Although this kind of technology can be used to track employees, as well, it is prohibited unless the employee has given their consent.

Employers are generally prohibited from conducting physical searches of an employee's person, personal items, or personal workplace unless there is a legitimate business reason to do so, such as investigating theft or misconduct, but the employer must still get the employee's consent unless the employer has a legal warrant from the court that is served by law enforcement.

An employer can conduct credit checks and background checks to help determine if a potential employee has a criminal record or if they are stable financially. With few exceptions, these kinds of checks cannot be conducted without the employees' consent.

Privacy rights when you work from home - which much more common today than it used to be - are very similar to rights afforded at a traditional workplace. Your employer is not allowed to invade your privacy, but they are typically allowed to access data and files on equipment that belongs to them, or monitor the usage of such devices. Make sure you understand your company's privacy policy before agreeing to work from home.

Knowing what rights to privacy you have as an employee at work is essential. If you have concerns about privacy violations at work, contact your attorney through our Legal Protection Plans for Individuals & Families right away, and get answers to questions and advice for your specific situation at no additional cost or sign up today!

2023 Travel Tips

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The recent problems at airports across the country may have you wondering what your options are if your flights are canceled or delayed or if you run into other problems while traveling. Your attorney through our Legal Protection Subscription Plans for Individuals & Families will be able to give you legal advice for your specific situation for no additional cost. Learn more about all the benefits of membership and read on for a few basic travel tips for the coming year.

If Your Trip Is Canceled

Cancellations usually have to be caused by an event or a third party in order for you to have a legal case. There are some cases where you have legal standing if you have to cancel your trip, such as an illness, death or injury to a close family member, civil unrest, or military employment, to name a few. If you need to cancel your trip and you're having trouble getting a refund from the airline, your attorney may be able to give you advice and assistance.

If Your Flight Is Delayed

Delays longer than four hours may require that the airline reimburse you. You can be reimbursed for expenses such as lodging, meals, and other transportation caused by the delay. Delays caused by severe weather, maintenance, or other reasons may also be covered, so check with your provider attorney for advice about your specific situation.

Lost Luggage

Your suitcases and other luggage must be missing for a certain amount of time before it is considered lost. Make sure that you know what that amount of time is, and, if your luggage does become officially lost, you can be reimbursed for the value of the contents up to a certain amount.

Keep A List Of What You Packed

Making a list of everything of value that is packed into your suitcases or other luggage will help if your belongings are lost. If you pack items of value (such as cameras, jewelry, tablets, phones, etc), you may reach the upper limit of airline reimbursement. It's important to make wise choices regarding what you decide to pack.

Don't let the worries of potential issues keep you from enjoying travel this year. By preparing for the kinds of scenarios we're seeing across the country, you can still travel and enjoy your trip knowing that all your legal bases are covered if your flights are delayed or canceled or if your luggage gets lost. Learn more about all the benefits of membership or sign up now!

5 Tips For The Aspiring Stay-At-Home Entrepreneur

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It seems as though everyone these days has a side hustle on the side of their regular job, but having a successful home-based business comes with challenges of its own. From work/life balance to day-to-day operations of running a business from your home, there are many considerations for the successful entrepreneur: personal, professional, and legal. If you have or are thinking about starting a home-based business, our Small Business Consulting Service can help self-employed sole proprietors get their business off the ground and soaring to new heights! And our Home Based Business Add On may be right for you if you need legal advice and assistance 24/7 from experienced, dedicated attorneys: from reading contracts to making sure you get paid, having a lawyer in your pocket removes stress and lets you focus on what you do best. Learn more about this add-on to your Legal Protection Plan and read on for a few home-based business tips.

Make A Schedule & Stick To It

If it's work time, be working. If you're with your kids, be with your kids and not distracted doing something else for your home-based business. Setting office hours can help you get more done and keep your professional and personal lives separate. Don't answer work or business calls during family time and make sure your family knows when it's your work time... and stick to it!

Take Breaks

You can't run a successful business if you're running on empty, so make sure to set aside time for yourself as well as time for family and time for work. Get to bed early and take naps when you can. Nothing gets accomplished if you're not taking care of yourself.

Keep A Planner

Plan everything: meetings, calls, lunches, date nights, birthday parties, classes, vacations, goals, rest time, play time, and more. Anything and everything can be planned, and making sure you get to everything means making plans every day and sticking to them. Set goals for each day, week, month, and year. Don't think that you have to put dates with your spouse or lunch with your friends off to have a highly successful business; they just need to be planned in advance. You're working hard to be able to spend time with your family and friends!

Delegate Wherever Possible

When your business becomes more successful, consider hiring out some of the things that take up a lot of your time. Consider hiring a cleaning service to come in once or twice per week, set up an online system to make your appointments and meetings for you, or consider hiring an accountant to take over those tasks. As your business becomes more successful, you'll be able to find ways to create more time by delegating out tasks that take up a lot of time.

Networking

Your business will grow faster the more people you know, so building relationships with your clients and others you do business with will be important as your business grows. You may even find that, as you get closer to the people you interact with, that your professional and personal lives can bleed into each other a little here and there; for instance bringing your kids to a casual meeting or other event.

If you have questions about starting or managing a home based business, our Small Business Consulting Services and Home-Based Business add on may be good options for you. Make an appointment to discuss your business needs today!

Random Drug Tests & Your Rights

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In workplaces across the US, random drug tests have become increasingly common since the late 1980s when employers were required by federal laws to have drug testing policies in their employee guidelines. What rights do employees have when it comes to random drug testing? Are random drug tests legal? Do you have the right to be informed about an upcoming drug test or can you be tested without warning? If you have questions about workers' rights or other employment-related concerns, your attorney through our Legal Protection Plans for Individuals & Families will be able to give you personalized advice and assistance for your specific situation. Learn more about our Subscription Plans and read on for more info about randomized drug testing.

Random drug testing is unannounced, randomized testing of employees to see if they test positive for illicit substances. These are commonly conducted using urine analysis tests that can detect traces of illegal drugs and other substances for some time after the drug use occurred and long after the effects have worn off. Federal law states that employers have the right to drug test employees, but some states also have laws governing how random drug tests are to be conducted, so it is important for employees to know the laws of their state in regards to random drug tests.

The first question people generally ask is, "Can I refuse a random drug test from my employer?" And the most basic answer to that question is no. If your employer has a published policy in place requiring random drug tests, you will have to comply or risk punishment, up to and including being fired from your job. You may be able to get a medical exception from your doctor if you have a disability that prevents you from taking urine tests or if your state has laws that prohibit random drug tests. However, whenever you refuse a drug test from your employer, you do risk disciplinary action, which may include termination.

The second question people typically ask is, "Is it legal for my employer to require me to take a random drug test?" As long as they follow local, state, and federal rules and procedures, employers have the right to test employees for drugs. These rules essentially say that the testing must be conducted in an impartial and fair manner and that all employees have an equal chance of being selected for each random test. No employee should be chosen for testing more than once. Company policies regarding random drug tests need to be clearly outlined in employee handbooks or other employment materials given to employees.

The next question people ask is generally, "Can I contest the results of drug test?" The answer is yes. If you test positive but haven't taken any illicit substances, you should immediately ask to take another test, as you may have gotten a false positive. Nearly all employers will be happy to test you again. If your employer refuses to test you again, taking another test from an outside firm or medical facility usually won't do you any good, as employers are not required to accept those results and can still fire you. If you receive a false positive drug analysis test, you should call your attorney immediately. Depending on the circumstances of your particular case, the state you live in, and other factors, you may have a case for appealing any disciplinary action from your employer, whether that be probation, being laid off, or being terminated.

If you have been punished or fired from your position due to random drug testing, an employment law attorney may be able to help you file an appeal or a wrongful termination suit, depending on the circumstances in your case. Your attorney through our Legal Protection Plans for Individuals & Families will be able to give you advice and help you understand your rights as they pertain to your specific case. Learn more about all the benefits of membership or sign up today!

What To Know About Wrongful Termination

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Wrongful termination can happen for a number of reasons: retaliation, discrimination, economic reasons, because the employer doesn't like the employee, or for no reason at all. If you've ever been wrongfully fired from your job, you can protect yourself in a few ways, including getting advice from a dedicated, experienced employment law attorney through our Legal Protection Subscription Plans for Individuals & Families. For just $29.95 per month, you can get legal help for any workplace issues - or any other personal legal issues - you may be having, at no additional cost. Learn more about all the benefits of membership and read on for information about wrongful termination.

When employees are fired in violation of state or federal laws, it is called wrongful termination. Most commonly, wrongful termination happens due to discrimination for gender, sexual orientation, race, religion, age, or disability, but also happens as punishment for employees "blowing the whistle" by filing a complaint or testifying against the company in a lawsuit. An example would be an employee getting fired after filing a sexual harassment claim.

There are two types of wrongful termination: Discharge In Violation of Public Policy and Discharge in Violation of Employment Agreement. If an employee were fired after refusing to commit an illegal act, such as committing fraud or ignoring safety regulations, that would be a wrongful termination in violation of public policy. If an employee is fired and they have a written employment contract stating they must be fired for cause, that is an example of Discharge in Violation of Employment Agreement. Additionally, some states protect workers' jobs by mandating that they cannot be fired for jury service. If you are promised a severance upon discharge and do not receive the money - or the full amount stated in the contract - this is also considered a breach of contract.

Employees who are wrongfully terminated have rights and can file suit against their former employer, may be entitled to receive back pay or wages that would have been earned if the employer had not fired them, and may be awarded punitive damages, as well.

If you've been wrongfully terminated, it is important to consult with an employment attorney as soon as possible. Your attorney will be able to give you advice based on your specific situation and develop a plan of action. Your attorney may even be able to help you negotiate a severance package. Gather all documentation to support your case, including performance reviews, communications (texts, emails, letters, messages, memos, etc). It is important to collect and preserve these documents on your end as soon as possible as your employer may destroy them once a claim is filed.

You should also understand the laws of wrongful termination where you live, as states have varying statutes of limitation on wrongful termination cases. You should also document the company's procedures and policies on termination, as they may have violated their own policies when they fired you. Additionally, some companies put it in their policies that wrongful termination cases must go through arbitration or appeals before a lawsuit can be filed.

In cases like these, your very best defense is to contact and consult with an experienced employment attorney as soon as possible. Your attorney will be able to give you more information on the type and kind of documents and evidence to preserve - particularly if you haven't been fired yet but believe that you will be soon - and tell you whether or not you have a valid claim and what kind of damages you may be entitled to, as well as giving you advice on navigating the entire process while protecting your rights.

The most important thing to remember is to not sign any documents or make any agreements until you've talked with your attorney, as these may be offers of severance that also waive your right to a lawsuit. Additionally, you should not post about the case or your job on social media or web sites as your employer will be able to use those posts in court. Finally, avoid speaking to anyone associated with the company without your attorney present. Let them know that all communication should go through your attorney.

Getting fired is generally stressful and can be emotional, and it is more so when you are terminated wrongfully. These kinds of cases can be hard to prove, but with the help of an experienced, dedicated lawyer from our network of law firms throughout the US, Canada, and the UK, you will increase your chances of proving your case and getting justice. Your attorney will be able to assist you in collecting strong evidence, navigating the process, and giving you advice throughout the process. Learn more about the benefits of subscribing to our Legal Protection Plans for Individuals & Families, or sign up now!

Your Finances This Holiday Season

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According to a recent poll, more shoppers are paying for holiday purchases with credit, and of those, more than 50% couldn't pay off those purchases. Overspending is nothing new during the holiday shopping season, but with recent inflation and other economic downturns, how can you take control of your holiday spending? If you ever have questions about consumer finance issues - from agreements for store credit or memberships to credit card fraud or identity theft - your attorney through our Legal Protection Plans for Individuals & Families can give you advice for your specific situation, read through agreements and contracts, and help you if you become a victim of identity theft, fraud, or other consumer finance legal issues. Learn more about the benefits of membership and read on for a few spending tips this holiday season.

Set A Budget

Plan your budget by setting a realistic limit and sticking to it. Make a list of everyone you want to get a gift for and make a plan for what you want to spend overall and for each person or event. Discuss spending limits for gifts with friends, family, and co-workers, if needed.

Thoughtful Gifts Vs. Expensive Gifts

Not every gift needs to be expensive to show someone you care. Creative, thoughtful gifts are often more special than pricey presents. Think about the things that those on your gift list are into, and look into customized, simple gifts, like a customized apron for the baker in your life.

Coupons & Sales

There are more - and sometimes better - options than shopping on Black Friday or Cyber Monday. Keeping your eyes peeled for December sales events outside of the big sales days sometimes gets you even better deals!

Make A Shopping List

Create a list with everything you plan to buy for the holiday season and what you will spend on those items, and then stick to it. While you're out shopping, try not to get distracted by the holiday displays... they're put there precisely for that reason: to distract you and get you to buy things you don't need on impulse.

Baked Goods & Cards

While we want to buy a gift for everyone in our lives, sometimes, a great way to do that and stay in budget is to make goodie bags with cookies and other treats for co-workers and others, and a heartfelt card is also a good choice to spread holiday cheer.

Sometimes Last Minute Shopping Works

While we try to get everything done for the holidays well in advance, sometimes good deals can be had by waiting until closer to the holiday before we buy. Certain holiday items will almost certainly go on sale as the holiday nears - wrapping supplies and candy are two examples of this - and, those after holiday clearance sales can get you a major jump for next year without breaking the bank.

The old saying goes, it's the thought that counts, and we are all watching our budgets this year. If you find yourself needing advice about debt, your provider attorney through our Legal Protection Plans for Individuals & Families can give you advice and answer questions about credit card debt, bankruptcy, store membership agreements, credit accounts, and more consumer finance topics, all for one low, monthly subscription fee. Learn more about all the benefits of membership or sign up now!

Fighting & Removing A Lien on Your Property

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When you hire a contractor to work on your property and they don't do the work, it's reasonable to not want to pay them. But some contractors use what is known as a mechanic's lien to try to force you pay. At this point, problems are starting to add up: your house still needs the work done and now there's a lien on it. A lien can make your house difficult or impossible to sell, your ability to get a loan will be reduced, and it can damage your credit score. So what do you do? How do you get a lien removed from your property? Your attorney through our Legal Protection Subscription Plans will be able to walk you through the process in your state for your specific situation at no additional cost, so learn more about all the benefits of membership and read on for more information about getting a lien removed from your property.

A lien is a security interest that is attached to a property to ensure payment. Liens must be satisfied before you can typically sell your house. Contractors and other workers are not the only people who can put a lien on your house; liens can also be obtained through court judgments, and these typically come from the IRS, a former spouse or business partner, a state government, and other types of creditors.

A real estate lawyer is going to be your biggest asset when it comes to disputing a lien. The first thing is to file what is known as a "preliminary objection" with the court. Your attorney will be able to help you with this. This court filing will detail the reasons you believe the lien to be improper, and can include reasons such work not being done, lien filing outside of the permitted time constraints, improper licenses or registration, among others. These are all reasons that the lien may be found by the court to be unenforceable. Different states allow for different types of objections, and your lawyer will be able to give you advice.

Sometimes, it is best to negotiate with the person who filed the lien, even if you believe that it is money that you should not have to pay. If you are in a time crunch, though, sometimes negotiation can get the lien removed quickly and for less money than the lien holder is asking for. Sometimes, the lien holder of a mechanic's lien will offer to do additional work for the full price, as well.

Another option if you need the lien settled quickly is to obtain a lien bond. Also called "bonding off," this means that you get a bond from an insurance company that covers the amount of the lien. These kinds of bonds are called "surety bonds" or “lien discharge bonds," and they work by an insurance company assuring the county clerk that you are able to pay the lien if the courts decide that you have to, and the lien will be legally attached to the bond rather than your property. This should be considered an option only if you are in a hurry to refinance or sell your house; typically, negotiation with the lien holder is a better option, and a court decision is another avenue.

Filing a suit to vacate the lien is the most aggressive choice to fight a lien, and you will need an attorney familiar with real estate, liens, and the laws in your state. The lawsuit will force the lien holder to explain why you owe them money and give you the opportunity to explain why you don't. In an example of the poor, unfinished, or shoddy remodel, you will be allowed to show evidence that the contractor did not complete the work to the scope of the contract or agreement and provide evidence of that fact. If you win, the lien will be removed from your property and you may even be awarded damages. As with all lawsuits, the outcome is unpredictable, and the process can be expensive and time consuming. Whether it is worth it to you and your specific situation to pursue a lawsuit is a question for your attorney.

If you have questions or need advice about getting a lien removed from your property, the lawyers in our network of law firms across the US, Canada, and UK can make the process affordable. For just $29.95 per month, you can have access to legal advice from experienced, dedicated attorneys for all of your legal questions, from liens and real estate to consumer finance, to contracts and agreements, to estate planning and more. Learn more about all the benefits of membership in our Legal Protection Subscription Plans for Individuals & Families or sign up today!

A Guide To Placing A Lien On A Property

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A property lien can occur when someone owes you money and doesn't pay. Liens can take time, and different states have different laws regarding liens, and you should seek legal advice if you need to get one, but they can be effective tools if someone hasn't completed a payment they owe you. Members of our Legal Protection Plans - both for Individuals & Families and for Small Businesses - can get legal advice any time from experienced, dedicated attorneys in our network of member law firms.

A lien is a claim against an asset used as collateral against a debt. Placing a lien against the property for debts owed is one tool commonly used to collect money that hasn't been paid. You will need a court judgment to secure a lien against the property, and some states let creditors get a lien once that judgment is entered, and other states require the creditor to record the judgment with the county before a lien is granted. Each state also sets its own price to create a lien.

A lien creates pressure on a debtor to pay the creditor, as a creditor may be able to take possession of the asset if the debt is not satisfied. There are two types of liens: judgment liens and mechanic's liens.

A Mechanic's lien is the most common type of lien, and it is used in the construction industry by contractors and subcontractors when they don't receive payments owed. A mechanic's lien is filed in the county where the work took place and it includes a bill for the work done. The lien must then be responded to, and then a court date will be set. A lien will be confirmed if the court sides with the contractor. If the debt isn't satisfied within a certain time frame, the contractor would then be able to possess the property.

Judgment Liens work similarly in that a claimant would be able to possess the property, but it is filed for reasons other than failing to pay for work that was performed.

The general process for filing a lien begins by giving the debtor notice - called Preliminary Notice - that you intend to place a lien on their property. The process of preliminary notice varies from state to state, so you may need a form from your county. Your attorney through our Legal Protection Plans will be able to give you advice for your specific situation. Depending on your state, you may have a deadline to file a lien; some states limit this to 60 days, while others give you up to a year.

You will need to complete a title search to ensure that the debtor is the owner of the property in question and to ascertain if there are other liens on the property; if there are other liens, you will essentially "get in line" behind other creditors in order to collect.

The forms for liens are typically short but include details regarding who is owed money, who owes the money, the property in question, and the work done. Some state require affidavits - also known as sworn statements - and your attorney will be able to give you details as to the laws in your state regarding these details.

The next step is notifying all parties of the lien, including any other lien holders, if there are any. Once all the parties are notified, a court date is set, and, if the court finds in your favor, you can enforce the lien. If the debt isn't paid within the time frame set by the court, the court can force the property to be sold to satisfy debts.

If you need help getting paid for work you've done or for other reasons and need lien, your provider attorney through our Legal Protection Plans for Individuals & Families and for Small Businesses will be able give you advice and assistance for one low, monthly subscription. Learn more about all the benefits of membership to our Legal Protection Plans for Individuals & Families, Legal Protection Plans for Small Businesses, or sign up your family or small business today!