السبت، 31 مارس 2012

Credit Card Lawsuit: The Discovery Phase

Once you are dealing with a credit card lawsuit and you came to a point where you want to ask the plaintiff for documents, you are on the Discovery process of the lawsuit. Basically, you will be asked by the plaintiff to send over several documents or answer a set of questions in the Interrogatories. Once you filled the necessary documents then it's the plaintiff's turn to answer questions and produce documents.

To start off the discovery process, you need to request documents from the opposing attorney. If the lawyer or the law firm has yet to respond to your request, you are allowed to send a letter Certified Mail that tells them that they have not produced the necessary documents or filed their Answer within the given timeframe by the court. Give the lawyer a date to get discovery back to you.

If the attorney or the law firm ignores this request, you can file a motion to Compel with your court. You will need to present a copy of the Certified Mail receipt showing that you notified the other party of the Discovery and they failed to do so on time.

If the other party still ignores the request even after you filed a motion to Compel during the credit card lawsuit proceedings, it is within your rights to make the court help you in getting the necessary paperwork that pertains to the credit card lawsuit. All you need to do is present evidence that repeatedly, the plaintiff has ignored your request for documents. Send copies of the evidence to the court via Certified Mail receipt.

Once the court receives the necessary documents, they will order the plaintiff to produce the necessary documents pertaining to credit card lawsuit on a given date. If the plaintiff did not provide the necessary details on time, they could lose the credit card lawsuit against you.

The Discovery phase is one of the most important part of the court proceedings. You have to be careful, in terms of answering the interrogatories because creditors are known to use trick questions to get you to admit that you own the credit card account and the debt under it. It's critical to review your answer and re-review it again before you file the documents in court. Finally, from drafting an Answer to the complaint to filing answer to Interrogatories, make sure you file all necessary documents on time.

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الجمعة، 30 مارس 2012

Guide to Finding a Defective Drug Attorney

The creation of various laws makes it much easier for consumers to sue for damages from seemingly hopeless cases. Good examples of this come in the form of defective drugs and fraudulent billing. These two consumer protection malpractices are becoming increasingly common. Although it is not as prolific as other lawsuits, it would help to know as much as possible. Knowing important information will make it easier for you should you need the assistance of a defective drug attorney or other legal counsel.

What are defective drugs and the corresponding laws?

Cases like this fall under product liability law and are relevant to pharmaceutical and medical malpractice law. There are three defect categories to judge a claim by, comprised of the following:

Manufacturing defect - this involves improper production of the drug prior to distribution. Cases like this are heavily dependent on quality control. It also involves any contamination that causes harm to the end user.

Design defects (otherwise known as dangerous side effects) - This is when the medicine is properly produced but causes harmful side effects.

Failure to warn (also known as defective marketing) - Cases like this are when companies do not provide sufficient instructions or written warnings and recommendations about the uses of the medicine.

A case involving any of these calls for the assistance of a defective drug attorney.

What is fraudulent billing?

These are for instances when you receive bills for goods or services you did not receive. This frequently happens with medical or insurance receipts. Any incorrect alterations also qualify as fraudulent. In some cases, credit card and financial institutions can also engage in such wrongful practices.

A defective drug attorney and fraudulent billing attorney are two examples of professionals whose top concern is consumer protection. These laws are in place to guarantee fair competition between players in the industry. It promotes the flow of accurate information and prevents the development of falsified and unfair practices. Other than defective drugs and fraudulent billing, examples of consumer protection laws include the following:

- Pricing

- Product safety

- Service and sales contracts

These laws see regulation at a state and federal level. The Federal Trade Commission and Department of Justice oversee the national enforcement. Each of these agencies also has special departments dealing with different aspects of the law. Some of these include the divisions for Advertising Practices, Enforcement, and Planning and Information.

Such cases are difficult to settle. Involvement in one will require the best defective drug or fraudulent billing attorney. Counsels who specialize in this field of law attend to your case with all the necessary expertise. They are familiar with which strategies to use for you to succeed in court. Keep these in mind when seeking the assistance of this kind of lawyer.

There are an increasing number of cases involving this type of malpractice. This means there are also just as many counsels specializing in it. Start your search for a firm over the internet. Be stringent in your search, as you will encounter many who claim to be the best. Look for and through portfolios to help gauge the firm. These will come in handy especially when there are remarks from previous clients.

Do not hesitate to contact a fraudulent billing or defective drug attorney when the need arises. Postponing a consultation with one will only delay you from getting the justice you deserve.

Jade Vaughn is a paralegal assisting a defective drug attorney and fraudulent billing attorney with consumer protection cases.


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