Why be afraid of the jury?

A jury is a group of people who, under oath, are given a question by a court and answer with an impartial finding of fact. People sitting on a jury must be qualified. For example, they must be legal citizen, they cannot have been convicted of a felony and they cannot have such prejudice for or against any element of the question submitted that they cannot be impartial. In its simplest form, a jury sees, hears, smells and sometimes touches evidence and determines the truthfulness of it.

Almost every defendant is silent or denies guilt. The jury hears the tension in the defendant’s voice, sees the expression of the defendant’s face, and determines if the denial is credible or not. If the defendant smells or acts intoxicated, the jury can decide if that simple fact impacts credibility or not. The jury considers all of the evidence that supports or challenges the defendant’s claims.

The jury tempers the law with what is acceptable in our community. What is, for example, obscene? What is, for example, harassing? What is, for example, abusive? Only the jury can say. What jury, seeing that a company or person acted fair and just, would rule against it? What jury, seeing that a person made a false claim, would rule for him or her? Juries have an uncanny ability to recognize a false claim.

On the flip side, if the defendant is cheating people, isn’t that bad for everyone. Good business helps everyone. Bad business is bad for everyone – even other businesses. Imagine a claim against your company. Although not legally permissible, imagine that the jury is made up of your company’s customers, employees and vendors. If you follow good business practices, you are delighted. Otherwise, maybe you are afraid of the jury. blb (205)912-8248

A Debt Collector Called Me Names and Used Curse Words

Debt Collectors are not allowed to use profane or obscene language when collecting debts. Along the same lines, debt collectors are not allowed to call you names. This could include a wide range of conduct – from calling someone a liar or a deadbeat to racial slurs and sexual remarks. Unfortunately, this kind of debt collector behavior happens more than we would like to think. However, the Fair Debt Collection Practices Act was designed to protect consumers and abusive, profane and obscene language is strictly prohibited.  mlp (205)912-8244

What if my employer is doing wrong?

Many employees are tempted into staying with employers that break the rules (or the law) because they believe they bring something "good" to the company by staying. Others try to right the wrong within the company. The bottom line is that you are most likely guilty of some wrong doing simply by knowing about employer wrong doing and keeping quiet.

If you participated or in any way profited from the wrong doing, you must have an attorney before reporting anything. Some of these areas are:

*Billing more than once for the same service;
*Charging for services not performed;
*Offering free items or services in exchange for government services (such as Medicare, Medicaid, FEMA, etc.);
*Billing for expensive equipment while providing cheaper equipment;
*Billing for work completed by another; and so forth...

In addition to reporting, some situations may require that you quit as well.  blb (205)912-8248

Can a Debt Collector Call My Cell Phone?

Maybe. Debt collectors have various tools to help them find your phone number. Unfortunately for the debt collector, just because they have your cell phone number does not mean they are permitted to call it. According to federal law, if you provide your cell phone number to a creditor or debt collector–in connection with a debt, loan, credit application, etc.–then you have consented to be contacted about that debt on your cell phone. This applies to creditors as well as the debt collectors they hire to collect your debt on their behalf.

However if you have not provided your cell phone number in this way, debt collectors are typically not allowed to call your cell phone using (1) an automatic dialing system or (2) to leave you prerecorded messages. Debt collectors might still be able to make non-automated collection calls and leave you live messages, but federal law prohibits autodialed calls and artificial or prerecorded messages. An attorney can help you determine whether the debt collection calls and messages you receive on your cell phone are legal or not. mlp (205)912-8244

Debt Collectors Call Me Early in the Morning or Late at Night

According to federal law, debt collectors are not allowed to contact you about a debt before 8:00 a.m. or after 9:00 p.m. unless you or a court of law gives them permission. Also, a debt collector must honor your request not to call at any time that you tell them is inconvenient. For example, if you specifically tell a debt collector that it is inconvenient to you for them to call on Saturdays or Sundays, the debt collector should not call you anymore on those days.  mlp (205) 912-8244

A Debt Collector Keeps Calling My Job

If they don't stop, I am going to get fired.

Federal law prohibits a debt collector from communicating with a consumer in connection with any debt at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communications.

The best way to stop calls to your employer is to send a letter or email to the debt collector informing the debt collector that your employer does not allow these types of calls. blb (205)912-8248

A Debt Collector Keeps Calling My Neighbors

Can they do that? Well, maybe. Debt collectors cannot call your neighbor in general attempt to collect a debt from you. For example, debt collectors cannot wait until supper time and then call all your neighbors and ask them to bring you a message to pay your debts.

Federal law permits debt collectors to call your neighbors for the limited purpose of asking for location information. In doing so, the debt collector may not disclose that you owe a debt. In fact, the debt collector cannot even disclose the name of his or her debt collector employer unless your neighbor expressly asks. Incidentally, the debt collector can never ask your neighbor (or any third party) to deliver a message for you to call them back. blb (205)912-8248

Abusive Debt Collectors

Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invastions of indiviual privacy. This Act also helps protect privacy because it prohibits a debt collector from communicating, in connection with the collection of any debt, with any person unless: the person is the consumer; the consumer’s attorney; or a consumer reporting agency. blb (205)912-8248