No Claims Bonus – Answering Your FAQs, named driver no claims bonus.#Named #driver #no #claims #bonus


How does the no claims bonus system work?

We re asked a lot of questions about the no claims bonus system; we agree that the topic can seem pretty complicated, whether you re new to insurance or you ve been driving for years. We ll try to answer your questions here, but please get in touch if you would like more information.

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What is a No Claims Bonus?

A no claims bonus (sometimes called a no claims discount), is a percentage discount applied to your premium in recognition of a period of claim-free insurance. It s usually calculated and applied each year at the renewal of a policy, or whenever you apply for a new policy. So, if you re a careful driver you present a lower risk to your insurance company and you ll make some great savings on your annual premium.

How much discount will I get?

Insurance companies each have their own scale of no claims bonus, but a typical example might be:

30% discount after 1 year s claim-free insurance

40% discount after 2 years

50% discount after 3 years

60% discount after 4 years

65% discount for 5 years or more claim-free insurance.

I ve been a named driver on my parents policy until now. Can I get a no claims bonus?

A number of insurers do now offer an introductory no claims bonus for named drivers, but the discount they offer you may be different to the discount they offer drivers who ve had an insurance policy in their own name. They may also have restrictions on the minimum age they ll offer a named driver discount to.

To be sure of reaping the maximum benefit from your good driving, you re probably better off getting insurance in your own name as soon as you possibly can. After a year, if you ve had no claims, the savings can be significant.

No claims bonus for second drivers

Second drivers, also called named drivers , usually don t earn their own bonus whilst on someone else s insurance. However some insurers will permit named drivers to earn their own NCD which can be used to get lower car insurance premiums further down the line, but this is usually only the case if you stay with the same insurer.

I ve just changed my car will I have to start earning a no claims bonus from scratch again?

No. Your no claims bonus is earned by you, the policyholder. It doesn t affect your NCB if you change the car that s insured on your policy.

I ve bought a second car can I apply my no claims bonus to both cars?

Unfortunately not. Even though a no claim bonus is earned by the policyholder, you can only apply it to one car at a time. Most times, you ll have to start earning a new NCB on each additional vehicle you insure, but some insurers may allow you an introductory or second car discount if you mention it to them.

What happens to my no claim bonus when I change my insurance company?

This isn t usually a problem. You simply need to ask your old insurance company to supply you (or your new insurer) with proof of your no claims discount (e.g. 3 years, or 4 years). The annual renewal letter from your old insurer may serve as proof of your no claim discount, or you may have to ask them to send specific proof in a separate letter.

There is usually a time limit for you to provide your new insurance company with proof of your no claim bonus (for example 7, 14 or 21 days). If you fail to do so within the time limit, your new policy could be cancelled, leaving you uninsured, or they could increase your premium to reflect the lack of any no claim discount.

The process is usually quite smooth, however, and once proof is received, your insurance company will continue to apply the correct discount to your premium.

Will I lose my no claim bonus if I make a claim?

It depends if your insurance company can recoup the expenses of your claim. For example, if another driver crashes into you and it s undeniably their fault, your insurance company may be able to recover the cost of repairing your car from the other driver s insurance company.

If that happens, you won t lose any of your no claim bonus.

But if you make a claim where you are at fault, or your insurance company can t recover their losses, your no claim bonus will be affected.

Your discount usually steps back by two years for each claim. So, for example, a three year bonus would reduce to one at your next renewal. If you made another at-fault claim, the resulting step-back would result in you losing your no claim bonus altogether.

Protecting your no claim bonus

Once you ve built up more than three years no claim bonus, you can protect it. This means you pay an extra fee to the insurance company and in return, your no claim bonus will be safe-guarded, even if you make an at-fault claim.

Insurers vary in their rules for protected no claims bonuses. Some will allow you, for example, two claims in five years, but it could be a little as two claims in three years. Check the rules with your own insurer.

Remember that a protected no claims discount won t guarantee that your annual premium won t increase, only that the discount on your annual premium is protected.

For example, your insurance costs 1,000 in the first year but is reduced to 400 after applying a 60% protected no claims discount. You make an at fault claim that year. The following year, your annual premium may rise to 1,100 owing to normal cost rises, but your 60% discount is protected following your claim, and so your premium for that year is 440.

Normally, the NCB would drop back two steps (e.g. to 40%) after a claim, which means that your premium in the second year would have been 660 without the protected NCB.

Is it worth paying to protect your no claims bonus?

The payment for protecting your no claim bonus is usually less than the discount you d lose if your NCB stepped-back by two years, which makes it worth having, but do your own calculations to be sure. If you have a run of several years without making a claim, but pay for protected no claims bonus, the saving diminishes a little, but the sums are still likely to add up in favour of having it.

Buying your first insurance? Or looking to change your insurer?



Motorbike Accident Claims, Motorcycle Injury Solicitors – Manchester, Liverpool UK, accident claims uk.#Accident #claims #uk


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Apparently car drivers don t see bikers. Why? Because they don t look for us! Until, that is, we ve been hit by them and flown over the bonnet of their car.

Accidents do and will happen. Our bikes are more than a mode of transport and we are more than a reference number. So what should we do if it happens to us?

If you’ve been injured in a bike accident that was caused by another driver, whether or not you were given an excuse featured above, you could be in a position to make a personal injury compensation claim with our Bike Accident Advice Line.

Accident claims uk

Accident claims uk

Click here to sign up today with Sorrymate.com and we will send you and your partner one of our new designed SMIDSY ID Cards.

Once you receive your SMIDSY cards you simply need to make sure you keep it safe. Should you be involved in a bike crash or bike accident, simply call SorryMate and we will take care of all your personal injury claims for you, it really is that simple!

We have many years of experience in helping motorcycle accident victims and people involved in scooter or cycling accidents throughout the UK. You can view some of our biking client testimonials and see the motorbike accident claims that we deal with regularly. As bikers we understand all elements of making a motorcycle accident claim and related injuries that are associated with this.

As well as dealing with road traffic accident claims (RTA) throughout the UK and SMIDSY claims, SorryMate.com is also a central hub for motorbike and cyclist enthusiasts, providing industry news, relevant biking related sites and competitions for biking enthusiasts.

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No Win No Fee Personal Injury Compensation, Claims Direct, accident claims uk.#Accident #claims #uk


accident claims uk

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Texarkana Gazette, Texarkana Breaking News, named driver no claims bonus.#Named #driver #no #claims #bonus


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Small Claims Court FAQ, how to take someone to small claims court.#How #to #take #someone #to #small #claims #court


Small Claims Court FAQ

Questions

In a handful of states, including California, Michigan, and Nebraska, you must appear in small claims court on your own. In most states, however, you can be represented by a lawyer if you like. But even where it’s allowed, hiring a lawyer is rarely cost efficient. Most lawyers charge too much compared to the relatively modest amounts of money involved in small claims disputes. Happily, several studies show that people who represent themselves in small claims cases usually do just as well as those who have a lawyer.

The answer depends on the state in which you live. Many states allow either party to appeal within a certain period of time, usually between 10 and 30 days, and obtain a new trial. In many states, appeals must be based solely on the contention that the judge made a legal mistake, and not on the facts of the case. Other states have their own unique rules. For more information, see Nolo’s article Appealing a Small Claims Court Case.

Yes. States establish rules called “statutes of limitations” that dictate how long you may wait to initiate a lawsuit after the event giving rise to the lawsuit occurs. Statutes of limitations rules apply to all courts, including small claims. For more information about time limits for lawsuits, see Nolo’s article Statutes of Limitations: Is It Too Late to Sue? For various statutes of limitations in your state, see Nolo’s Chart: Statutes of Limitations in All 50 States.

The limit is normally between $3,000 and $10,000, depending on your state. For instance, the maximum is $5,000 in New York, $10,000 in California, $7,500 in Minnesota, and $5,000 in Vermont. Recently, there has been a trend toward increasing small claims court limits. To find out the limit in your state, see Nolo’s article How Much Can I Sue for in Small Claims Court?

Assuming the other party lives or does business in your state, rules normally require that you sue in the small claims court district closest to that person’s residence or headquarters. In some instances, you also may be able to sue in the location (court district) where a contract was signed or a personal injury occurred (such as an auto accident). Check with your small claims clerk for detailed rules.

If a defendant has no contact with your state, you’ll generally have to sue in the state where the defendant lives or does business. Because of the distance involved, out-of-state small claims lawsuits tend to be expensive and unwieldy.

To learn more about the small claims system where you live, check out Small Claims Court in Your State.

What can I do to resolve my problem without going to small claims court?

If you want what’s owed to you, but you don’t want to take on the trouble of bringing a lawsuit, you have a couple of options to consider. First, make a demand in the form of a straightforward letter, concluding with the statement that you’ll file in small claims court in ten days unless payment is promptly received. For more information, see Demand Letters: The Basics.

In addition, many states offer community- or court-based mediation designed to help parties arrive at their own compromise settlement with the help of a neutral third party. Mediation works best where the parties have an interest in staying on good terms, as is generally the case with neighbors, family members or small business people who have done business together for many years. This type of dispute resolution can be remarkably successful. For more information, see the Mediation, Arbitration Collaborative Law area of Nolo’s website.

Will I get paid if I win the lawsuit?

Not necessarily. The court may decide in your favor, but it won’t handle collection for you. So before you sue, always ask, “Can I collect if I win?” If not, think twice before suing.

Ask yourself whether the person you’re suing has a steady job, valuable real property, or investments. If so, it should be reasonably easy to collect by garnishing his wages if you win.

But some people and businesses are “judgment proof” — that is, they have little money and few assets and aren’t likely to acquire much in the foreseeable future. If they don’t pay voluntarily, you may have a hard time collecting your judgement. For people who seem to have no job or assets, ask whether they are likely to be more solvent in the future, since court judgments are good for 10 to 20 years in many states and can usually be renewed for longer periods. You’ll want to consider now whether the person might inherit money, graduate from college and get a good job, or otherwise have an economic turn-around sometime down the road. For more, see Nolo’s Representing Yourself in Court area.

If I’m sued in small claims court but the other party is really at fault, can I countersue?

In some states, you can countersue as long as your claim arises out of the same event or transaction. In fact, in some states you must file a countersue if you have a claim against the other party; in those states you cannot sue over the same dispute in a later lawsuit.

If the amount you sue for is under the small claims limit, your case will probably remain in that court. If, however, you want to sue for more, check with your small claims clerk for applicable rules. Often, you’ll need to have the case transferred to a different court that has the power to handle cases in which more money is at stake.

What should I do to prepare my small claims case?

Whether you are a plaintiff (the person suing) or the defendant (person being sued), you need to back up your story with evidence. One of the best ways to prove your case is with letters or in-person testimony from eyewitnesses or expert witnesses. For more information, see Nolo’s article Offering Witness Testimony in Small Claims Court. Depending on the facts of your case, you can also use photographs, advertisements falsely hyping a product or service, and written contracts to convince the judge you are right.

More Information

Before you go to court, you might want to learn some common (and perhaps even not-so-common) legal terms. Get Nolo’s Plain-English Law Dictionary, now available as a free iPhone app (also compatible with iPod touch).

What’s the best way to present my small claims case to a judge?

First, understand that the judge is busy and has heard dozens of stories like yours. To keep the judge’s attention, get to the point fast by describing the event that gave rise to your claim. Immediately follow up by stating how much money you are requesting. After you have clearly stated the key event, double back and tell the judge the exact events that led up to your loss. For more information, see Nolo’s article Presenting Your Testimony and Evidence in Small Claims Court.

Can any kind of case be resolved in small claims court?

No. Small claims courts primarily resolve small monetary disputes, and in a few states, evictions and restitution of property. No state allows you to use small claims court to file a divorce, guardianship, name change, or bankruptcy, or to ask for emergency relief (such as an injunction to stop someone from doing an illegal act). A few states also prohibit small claims suits based on libel, slander, false arrest, and a few other legal theories.



Illinois Attorney General – Small Claims Court, how to take someone to small claims court.#How #to #take #someone #to #small #claims #court


Small Claims Court

Things You Should Know About.

Small Claims Court

Does someone owe you money? Has your landlord failed to return your security deposit even though you did not damage the rental property? Did you pay for merchandise, but the store never delivered it and won’t give you a refund? You may want to consider bringing a lawsuit in small claims court. You may not need a lawyer and the rules are simpler than in most court proceedings.

Small claims court is under the jurisdiction of the Clerks of Courts Act (705 ILCS 105) and Supreme Court Rule 282. Fees are based on the population of the county and designated by county boards.

Who May Sue?

Any individual or corporation doing business in Illinois can sue or be sued in small claims court. The court may require the appointment of a guardian for those under 18 years of age.

What Types Of Cases Are Handled In Small Claims Court?

Small claims court may be used only for certain types of cases. For example:

Lawsuits such as breach of contract, property damage, or personal injury.

All evictions, regardless of the amount of rent claimed.

Repossessions of property if the property consists of consumer goods which are leased or purchased on credit from a dealer, or if the value of the property does not exceed the amount that is determined by county where filed.

Garnishments to enforce judgments from funds owed to debtors.

The maximum judgment allowed in small claims court is $10,000.00 plus costs; therefore, your claim may not exceed $10,000.00.

Is an Attorney Required?

In small claims court you can handle your personal or business legal matters without an attorney; however, you can hire an attorney to represent you if you wish. If the other party has an attorney, your chances of winning might be better if you also have an attorney.

If you do not have a lawyer and want help finding one, contact the Illinois State Bar Association’s Illinois Lawyer Finder by calling (217) 525-5297or visit their website at www.IllinoisLawyerFinder.com. This service can provide you with the name of a lawyer in your area who has experience in dealing with your type of legal situation and will provide an initial consultation for an hourly fee. You do not have to hire the lawyer after the initial consultation. If you do decide to hire a lawyer to represent you in a small claims court action, be sure to ask in advance about the lawyer’s fees.

Completing the Forms

Eight Step Process

Go to the courthouse. The small claims court clerk will supply you with the necessary forms (a summons and a complaint form) to begin the lawsuit.

  • List your name as the plaintiff. You are the person filing the lawsuit.

  • The party you are suing is called the defendant. Make sure you have the correct name and address of the defendant. If the papers can’t be delivered to the defendant, you might have to start over and pay additional fees.

  • List the amount of money you request as damages.

  • Include a brief explanation about why you are suing the defendant.

  • The clerk will assign a number to each small claim case. Write down the number and refer to it in all dealings with the clerk and sheriff.

  • If you should change your address after you file your case or your appearance, be certain to notify the clerk and the opposing party of your new address. This applies if you change your phone number as well.

  • All small claims court sessions are open to the public. You may attend any of these courtroom proceedings to familiarize yourself with the procedures.

    After completing the forms, they must be filed with the court. You will be charged a filing fee which differs from county to county. The filing fee must be paid in advance.

    Copies of the forms must then be “served on” or delivered to the defendant. Many counties allow service by regular or certified mail if the defendant lives in that county. The court will mail the forms for you, but will require a fee for this service.

      Preparing Your Case

      In preparing your case, keep in mind that your proof must be more convincing than the other side’s evidence. Consider the following:

      Think about how you are going to prove the defendant owes you money. Start by making a detailed list of what happened so that the facts are clear in your mind.

      Gather all written information and paperwork that pertains to the situation–contracts, rental agreements, receipts, order forms, warranties, cancelled checks, or credit card statements.

      Talk to people who may have witnessed important aspects of the dispute. For example, if you are suing your landlord for the return of your security deposit, ask a neutral person to testify concerning the condition of the rental unit when you started renting and when you left.

      If you are suing on the basis of defective merchandise or faulty repairs, it may be very helpful to have an expert witness testify on your behalf. You might present a notarized written statement from an expert concerning the nature of the defect and the decrease in value due to the defect. However, if it becomes necessary to go to trial, you’ll have to get the witness to testify in person. Full-time mechanics with several years of experience qualify as experts.

      Going To Court

      After your claim is filed, the court will probably set a date to review the facts in your case. Many small claims court cases are settled at this time, so come prepared to argue your case. All cases are heard by a circuit court judge and will be decided by the judge if both parties cannot reach an agreement.

      Collecting the Judgment

      If you win the case, ask the court to include court costs and any money you spent as part of the settlement. The court can require reimbursement for such fees as: the money paid to file the action, the cost to have the summons and complaint mailed or personally served, and any attorneys’ fees.

      A judgment will be entered in court stating what the opposing party owes you. In many cases, the opposing party will pay the judgment immediately. In other instances, you may find it necessary to take further informal action or consult an attorney who can proceed with more formal legal steps to collect the debt. The court will not force the defendant to pay what is owed you.

      The court will order the debtor to provide a disclosure statement to you or to the clerk of the court within 15 days of entry of the judgment. The statement must contain the debtor’s name and address, his or her employer and the employer’s address, any real property owned by the debtor, cash on hand and financial institutions in which the debtor has funds.

      If you are unable to satisfy the judgment by contacting the other party, contact the clerk of the court that heard your case. From the clerk, you can obtain the forms necessary for garnishment proceedings–if the other party receives wages or has bank accounts.

      Remember, there is always the possibility that the small claims court will not rule in your favor. Carefully consider all your options before proceeding with a lawsuit. If you do decide to bring a lawsuit in small claims court, prepare carefully to increase your chances of success.



    • Dedicated Accident Solicitors, Accident – Asbestos Claims, accident claims uk.#Accident #claims #uk


      A Specialist Asbestos Firm Committed to a Personal Results Driven Approach

      We leave no stone unturned to make sure that we obtain the maximum amount of compensation for people who have unfortunately been involved in an accident or who have developed an asbestos-related condition. If you want to be represented by Solicitors who have the experience and knowledge to achieve the best possible outcome for you, then Dedicated Accident Solicitors are here to help. The asbestos experts.

      Learn More. Accident claims uk

      Julie’s Story is part of a campaign to raise awareness of asbestos-related diseases

      Asbestos Claims Journey

      Eddie Jowett was exposed to asbestos whilst working on new diesel cabs for British Rail and he was not warned of any dangers or provided with any protection from the asbestos he was regularly handling as part of his duties.

      Eddie’s Asbestos Compensation Claim Journey

      John was a pipe fitter for much of the 1950s and 1960s and it was through his work at major power stations in the north of the country that he was unfortunately exposed to asbestos.

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      Dedicated Accident Solicitors and Dedicated Asbestos Solicitors are trading names of John Das Limited, a company registered in England. John Das Limited is authorised and regulated by the Solicitors Regulation Authority (SRA number 573295). We do not accept service by email or fax.

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      Small Claims Court Fees, how to take someone to small claims court.#How #to #take #someone #to #small #claims #court


      how to take someone to small claims court

      Taking somebody to the Small Claims Court in the UK will cost you money, there is a sliding scale of costs depending on how much you claim, for example, if you are claiming £1000 from a person or business, it will cost you £140* in Court fees. If you are claiming for £4000, the fees will be £520*.

      (*These are the total Court fees to take a Small Claims case, in England Wales, through to a Judgment, figures correct as at Jan 2016).

      e.g. if you claim £4000 and win the Case, the defendant will be ordered to pay your claim + costs, i.e. £4520.

      • A Fee to Start your Claim (sliding scale: £35-£410)
      • A Hearing Fee (sliding scale: £25-£355) payable if/when your case goes to a Hearing.

      HM Courts Form EX50 provides details of all small claims court costs. It’s a large document and IMO a difficult one to navigate as it contains details of fees for all Courts (High Court, County Court, etc). To work out the costs applicable to your claim, search the EX50 document, for the following terms:

      Starting your claim

      Additional Fees – Enforcing the Judgment .

      There is a possibility that you may incur additional court costs even after the Judgment. If you win your case and the defendant refuses to pay, you can, and probably should Enforce the Judgment, which again requires a fee. As of Jan 2016, all the enforcement options (e.g. A Warrant of execution, to send in the Bailiffs) have a flat fee of £100.

      As with the other Court fees, the enforcement fee is added to your Claim, and assuming the defendant does eventually pay up, you will get the fee back.

      There are a number of Remissions or exemptions to court fees for those people on low pay or in receipt of Income Support, Job Seekers allowance or Working tax Credit etc. There are actually quite a wide range of remissions available so it’s certainly worth checking to see if you qualify. See form EX160A for an explanation of the remissions system and to check your entitlement.



      Change Your Claim or Court Date, how to take someone to small claims court.#How #to #take #someone #to #small #claims #court


      Change Your Claim or Court Date

      After you file your Plaintiff’s Claim (Form SC-100) you may realize you need to change something on the claim. You may need to:

      • If your claim has not been served, go to the small claims court clerk and ask to amend (change) your claim. Take your original forms with you. After you file your “amended claim,” serve it on the defendant.
      • If your claim already has been served on any of the defendants, fill out a Request to Amend Claim Before Hearing (Small Claims) (Form SC-114) or write a letter to ask for permission to change your claim. File Form SC-114 or your letter with the court clerk.
        • A copy of your Form SC-114 or letter must also be mailed or personally delivered to all of the other parties in your case.
      • Another approach would be simply to ask the judge to amend the defendant’s name at your hearing. (Read Code of Civil Procedure section 116.560(b) for the law.)

      Change what you ask for in the claimIf your claim has not been served, go to the small claims court clerk and ask to have an “amendment” attached to your claim. Take your original forms with you.

      If your claim already has been served on any of the defendants and you then make any changes, you must re-serve the defendant.

      Remove 1 or more defendants from the claim

      You got something called a “dismissal form” when you filed your claim. Use this form to say which defendants you do not want to sue anymore.

      There are 2 types of dismissals:

      • “Without Prejudice” – This means that you keep the right to file the claim against the dismissed defendant in the future.
      • “With Prejudice” – This means that you cannot file the claim against the dismissed defendant in the future.

      How to Change Your Court Date

      If you want to change your court date, you must ask for a postponement (also called a “continuance”).

      To ask for a postponement at least 10 days before your trial:

      • File a Request to Postpone Trial (Small Claims) (Form SC-150), OR
      • Write a letter to the court explaining why you need to change your court date.

      AND

      • Mail or personally give a copy of your Form SC-150 or letter to the other people named in the claim.
      • You may have to pay a $10 filing fee to ask for the postponement.

      If your trial is in less than 10 days:

      • Take your completed Form SC-150 or letter to the clerk’s office. Ask the clerk to attach it to your file. Or go to your trial and ask the judge for a postponement (or continuance).
      • In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.
      • Also, mail or personally give a copy of your Form SC-150 or letter to the other people named in the claim.
      • Pay a $10 filing fee.

      After you request to postpone the trial

      The court will mail you an Order on Request to Postpone Trial (Form SC-152) stating the court’s decision on your request or may use another type of similar notice.

      If the court postpones the trial, it will give you the new court date on Form SC-152 or on a similar notice. The court will send this notice to you and all the defendants.

      If the court does not postpone the trial, the trial will be on the date when it is currently scheduled. The court will let you know that your request was denied and why on Form SC-152 or other similar notice.

      If you do not hear from the court, go to the court on the scheduled trial date.



      How to Take Someone to the Small Claims Court in the UK, how to take someone to small claims court.#How #to #take #someone #to #small #claims #court


      how to take someone to small claims court

      How to take someone to small claims court

      Hi, my name is Paul Fletcher from Lancaster in the UK. In 2015, I successfully used the Small Claims Court to settle a rental dispute with my Landlord. I was a complete novice when I started this process having never had any involvement with the Law or the UK Court system. When researching my case I could not find a simple, concise, ‘How-To’ guide to the Small Claims procedure so I decided to write one.

      • Taking somebody to court is actually quite easy, you go to the MCOL site www.moneyclaim.gov.uk, register as a user and away you go (but please take advice from this website before doing that!). I had a consult with a solicitor before launching my case, but that wasn’t strictly necessary.
      • Taking someone to court will cost you money, you pay Fees as the Case progresses through the Court system, I paid £375 in Court fees, the fees vary depending on how much you claim (see MY CASE below).
      • Taking someone to court will take time, the wheels of due process move slowly, you need to accept this and play the long game. My case took over 6 months from start to finish.
      • The Small Claims process actually works, if you have been ripped-off and are considering legal action, I say go for it, I’m certainly glad I did.

      I have divided the Small Claims process into a number of Logical Steps (see above left) on the Main Menu. I would advise you to read through the entire process before starting your Claim, as I stated above, taking someone to court is easy, but you need to know what you are letting yourself in for before going ahead.

      MY CASE: I claimed £1650 from my Landlord who evicted me at short notice and then refused to return my deposit and 6 weeks advanced rent. The fees were £105 to start my Claim on MCOL, then a Hearing fee of £170. And finally, £100 to Enforce the judgment. Total £375. I won the case and the fees were added to my Claim, i.e. the final cost to my Landlord was over £2000. For an explanation of costs, see Small Claims Court Fees or see My Court Case for details of what happened to me.

      Terminology: Why the Small Claims ‘Court’ doesn’t exist

      The term ‘Small Claims Court’ has slipped into common parlance, it is however something of a misnomer; the term ‘Small Claims Court’ is unofficial shorthand for the Small Claims Track of the County Court. There are 3 County Court Tracks that deal with Cases according to their complexity and the amount/value of the Claim. Your Claim will be dealt with by the County Court, but using the rules, processes and procedures of the Small Claims Track.

      When you take a person or company to Court, what you are in fact doing is Making a Claim against them, your Claim becomes a Case when it is allocated to a Court Track. This terminology is important to understand when dealing with the Court Office and following Court procedures. Both Online and hardcopy Court documentation use the term Claim in the early stages and Case in the later stages.

      This website, and my experience, is with the Courts system in England and Wales. In Scotland and Northern Ireland there are equivalent Small Claims tracks, but the rules/procedures are different (e.g. the limit for a Small Claim in Scotland is £3000 whereas in England and Wales it is £10,000). See the Useful Sites page for the respective Scottish and NI Court websites.

      The first step is trying to stay out of Court. You may have been ripped-off and want to see justice done, but you need to at least try to settle the matter before going to Court. If your Case progresses to a Hearing, the Judge will want to see that you took reasonable steps to avoid Court action, so the first step is Resolving the dispute without going to Court.



      Insurance Claims Adjuster, insurance claims jobs.#Insurance #claims #jobs


      Insurance Claims Adjuster – Claims-Portal.com insurance claim, insurance claims jobs, insurance claims, insurance claim jobs, insurance training, adjuster training, claims training, independent adjuster, independent adjusters, insurance adjuster, insurance adjusters, insurance claims adjuster, catastrophe claims adjusters

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      Edith “Edie” Windsor, who sued the government for failing to recognize her marriage to her late spouse, Thea Spyer, asked the U.S. Supreme Court today to hear her challenge to the so-called “Defense of Marriage Act” (DOMA). Full Story

      In addition to suspending the 10 percent surcharge rule on property insurance provided by Louisiana’s property insurer of last resort in certain coastal parishes, recently passed state legislation includes provisions for allowing electronic proof of Full Story

      This year’s Atlantic hurricane season got off to a busy start, with six named storms to date, and may have a busy second half, according to the updated hurricane season outlook issued today by government weather forecasters. Full Story

      A former Plainville, Conn., doctor has been sentenced to four months in prison for dealing prescription drugs Full Story

      Insurance claims jobs



      Personal Injury Insurance Claims After a Car Accident, car injury claims.#Car #injury #claims


      Personal Injury Insurance Claims After a Car Accident

      by Amanda Naprawa

      Every year, thousands of people are involved in motor vehicle accidents. Whether the collision involves major property damage and injury, or is a seemingly minor fender-bender, it will most likely entail making a claim for damages with an insurance company — your own, or the other driver’s.

      While not all accidents are alike, there are common steps that anyone involved in a collision should take to ensure that they are appropriately compensated for their losses. This article provides an overview of how a car accident case gets started.

      At the Scene

      First and foremost, check on the safety and well-being of your passengers and the other individuals involved. Call the paramedics if anyone appears to be injured. Many times injuries can occur even from seemingly minor accidents. It is obviously important for health reasons, but also for the ultimate success of any claim for damages, that accident victims seek prompt medical attention.

      Regardless of apparent injury, call the police and ask that an office be sent to the scene. This is important even if the appears to be minor. Having a police report created at the time of the accident is extremely important in ascertaining which driver is legally at fault. Learn more about how a police report can make your case.

      In addition, obtain the name, address, driver’s license number, vehicle licenses, and insurance information from all other drivers involved. The names and contact information of any witnesses should also be gathered.

      If possible, take photographs of the accident scene, including the vehicles involved, the location of traffic signals, and any obvious skid marks, debris, or other evidence. You may also want to take notes on the weather and road conditions at the time of the accident.

      Finally, avoid making any statements to the other drivers that could later be used against you.

      Seeking Medical Care

      Obtaining timely medical treatment for any injuries is important. Inform the treating physician that you have been involved in a motor vehicle accident. Follow through on all prescribed treatment.

      If your symptoms do not resolve, do not hesitate to obtain a second opinion. It may also be helpful to your case to keep a journal that details any pain or symptoms, any treatment, and any medication taken.

      The success of any claim you may have for monetary damages resulting from bodily injury will depend heavily on having a thorough medical record that documents your injuries, their relation to the accident, and their impact on your life.

      Dealing with Insurers

      As soon as possible, contact your automobile insurance company to report that an accident has occurred. Your insurance company will assign a claim number and a claims adjuster to handle all aspects of your claim.

      The insurer will ask you to provide as much information about the accident as you can and may ask to take a recorded statement of your version of events.

      If the claim involves property damage to the motor vehicle, the insurance company may send out an individual to evaluate the extent of damage and to determine whether the car is repairable. Depending on your insurance policy, you may be able to have a rental car provided to you. Even if you were not at fault, your own insurance company will often provide the rental car to you and seek reimbursement from the at-fault party at a later time.

      You will also want to report the accident to the other driver’s insurance company. Exercise caution when speaking with the other driver’s insurer. Remember, that company is representing the interests of the at-fault party and may not be putting your best interest first.

      It is generally advisable to avoid providing a recorded statement. The insurance company may ask you to sign authorizations allowing it to access your employment and medical information. It is your right to refuse to do so. Inform the insurance company that you will provide all relevant medical information when you have completed treatment for any injuries. If your car is disabled and you have not obtained a rental car from your own insurance company, request that a rental car be provided to you.

      Consider Hiring an Attorney

      Dealing with an insurance company can be difficult in any circumstances. After a car accident, it can be even more daunting to face the task of providing all the necessary documentation to the insurer and to engage in claim settlement negotiations. An experienced personal injury attorney can ease some of the burden by engaging in fact-finding, gathering the necessary documentation, and crafting concise and thorough demands for settlement of your claim. Learn more about what a car accident lawyer can do for you.



      Confessions Of An Insurance Claims Adjuster, insurance claims jobs.#Insurance #claims #jobs


      Confessions of an insurance claims adjuster

      Insurance claims jobs

      Photo credit: Frank Veronsky

      Ever wonder what it’s like to be an insurance claims adjuster? We asked New York-based Scott Congiusti, assistant vice president of claims for HUB International insurance brokerage, to take us behind the scenes of a claims adjuster’s life.

      A lot in common with being a cop

      I was working as a police officer in New Jersey when I fractured my back in an off-duty accident. During my recovery, I started looking at what I could do in the private sector and wound up hiring on with Allstate, handling automobile claims. It was a good mental fit because I like figuring things out and I function best under high stress. A mundane, sedentary job would drive me nuts. Strangely enough, a lot of adjusters have a criminal justice degree; they just might not like shift work or carrying a gun.

      Every day starts with the hotline

      You come in every day and you have a list of automobile claims assigned to you from the 24-hour hotline. If I was lucky, I’d have two or three, but it was usually more. Still, I had more information from the hotline than I did in law enforcement, where somebody would call and say, “There’s a fight in progress,” but you didn’t know what caused it or how many were involved.

      More On Insurance:
      • 7 juiciest stories about insurance claims
      • Health insurance claim denied. What now?
      • 6 shadiest auto insurance fraud schemes

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      Camera required, other gear optional

      Absolutely the most important tool is a digital camera, cellphone or tablet to capture photos. You also need a lengthy tape measure, and maybe a moisture meter to detect standing water behind walls or under floors. In a catastrophe, you need protective gear and a ladder in case you have to climb on a roof. And regardless of technology, I still carry a notepad, because depending on where you are, it’s not always practical to carry a $2,000 tablet around with you.

      Adjuster styles differ by insurance types

      There are definitely differences between working for a publicly traded, stock-held company and (and working for) a mutual company where the clients own the company. Stock-owned companies are a little more black and white on procedures, because they’re large and have thousands of adjusters. With mutuals, the policyholder is also a shareholder, so they tend to be a little more flexible. I wouldn’t say one is better or worse than the other. They both get to the same place, just from slightly different angles.

      Everybody needs their car claim done NOW!

      How are we perceived by the customer? Typically, you’re the answer to their call for help. With an automobile claim, they might need a rental car or body-shop estimate, so it’s more immediate, whereas with someone’s home it is very, very personal — you’re going to be in their house. But at the end of the day, you’re seen in this positive light as the person who’s going to make their life good again.

      The rarer the claim, the greater the appeal

      The least frequent claims are probably the most interesting, just because they’re different. But they’re also the most disruptive to the policyholders, so they tend to be the most difficult. House fires, for example, are pretty rare — you don’t get a full house-burns-to-the-ground claim very often. They’re very tragic, very personal. There’s a lot of emotion involved, so they’re probably the most difficult to deal with on the homeowner side.

      The one claim no adjuster can ever fix

      On the auto side, absolutely the worst claims are fatalities. I’ve dealt with quite a few of those. There’s nothing you can say or do to make it better. I can pay them $10 million on a policy or buy them a new car or build them a new house, but it’s never going to replace the person who passed away. It’s never going to fix it, and you’re often left with this sense that you didn’t do enough, because you can’t.

      Toughest part about being an adjuster?

      The hardest part of my job? That’s easy: living on call. For the last eight years of my career, my cellphone has only been off when my two children were born and anytime I’m on an airplane. Otherwise it’s either on silent or just on, period. My wife’s used to seeing my phone ring at 2 or 3 in the morning and me waking up and going to get my laptop. It seems to be a reoccurrence every single Christmas Eve.

      By now, I’m used to it; my family’s used to it. But for somebody coming from a typical 9-to-5 job, it can be very hard to adjust to. The trade-off for me is, I don’t work shifts anymore. Being awakened at 2 in the morning for half an hour is so much better than working midnight to 8 and trying to sleep when everybody else is outside enjoying the sunshine.



      FAQ s about Property Damage Insurance Claims, United Policyholders, insurance claims jobs.#Insurance #claims #jobs


      insurance claims jobs

      Q: What should my first steps be?

      If your home has been damaged or destroyed, you are likely to feel overwhelmed by the loss and by the repair, replace and recovery process that lies ahead. If your property was insured, that insurance policy is the best vehicle to get you back home. If this is your first experience with a large insurance claim, recognize that it’s basically a business negotiation.

      Temporary rent, pet boarding and other expenses you have to cover because you’ve lost the use of your home;

      If you’re planning to rebuild/repair and stay in the area and are willing to live in a trailer, try negotiating with your insurer to “cash out” your Additional Living Expenses (ALE) coverage limits so that you can buy a trailer or motor home with your ALE policy limits instead of using the money to pay rent. Negotiating a cash-out gives you flexibility and saves you from having to submit more receipts and paperwork to your insurance company.

      Most people find it takes at least 18-24 months to repair/rebuild/replace their home and possessions after a large loss.

      The homeowner is responsible for clearing debris. Policies vary – if you have appropriate coverage, the cost for this work is covered. If your home was damaged or destroyed in a natural disaster, check with your local government officials to see if they’re coordinating a debris removal program. If your soil needs to be tested and/or re-compacted, work with the adjuster to make sure a qualified professional does the work at a reasonable cost. For more information, read our “Debris Removal Tips”

      Photograph recognizable items before they are taken away, particularly items your insurer removes for cleaning/salvage. Your insurer may bring in a company to clean and store items. Their fees usually get deducted from your insurance benefits for contents.

      If you’re like most people, your home is your biggest asset. Insurance companies often read their policies with a bias that is too much in their own favor. Don’t accept an insurance company’s calculation of what they owe on your claim without getting other opinions. Read:

      You can also refer to the samples and examples of our website, and get a free copy of the “little yellow” Disaster Recovery Handbook and Household Inventory Guide that has guided thousands of disaster victims through the recovery process since its publication in 2006.

      Trust but verify. Insurance companies are profit-making businesses, and their employees are not social workers. Your adjuster may be friendly, but he or she is not your friend. Remember: settling a large insurance claim is a business negotiation. The more you understand the process, the better you’ll do. Insurance companies naturally try to limit their payouts. There is a lot of confusing wording and legalese in insurance contracts that helps them do that, but there are laws to protect you and keep the claim process fair. Visit our website, use our library, and use our Ask an Expert forum. All our information is free to disaster survivors.

      • Not having enough coverage (“underinsured”)
      • Delays
      • Confusion over what’s covered and what’s not
      • “Lowball” estimates and settlement offers
      • The adjuster assigned to the claim is unpleasant or hard to work with
      • Differences of opinion over scopes and values of losses

      Q: Does everyone have problems with their insurance company?

      NO. Many claims go relatively smoothly and we hope your does. But every large loss insurance claim is time-consuming.

      Underinsurance is such a common problem after total losses that United Policyholders has an entire section of our website devoted to offering tips and strategies for people who are underinsured. It is a challenging problem and there is no “one size fits all” solution. Much depends on the history of your policy limits.

      Some insurance companies have the reputation of being fairer and faster in handling claims than others. Speak “UP” by learning your rights, keeping a claim diary and proving the value of your losses will help you get a fair settlement with any insurance company.

      Computers don’t repair and build homes. licensed contractors do. Your insurance company owes you for what an experienced and reputable contractor would charge you to do the required work to put your home back to its pre-loss condition. Insurance companies use guideline pricing and “Xactimate” (computerized home replacement cost estimating software) to predict how much materials and labor should cost. But an estimate prepared by a qualified local, licensed and bonded contractor who has visited the loss site and reviewed information about the pre-loss structure is generally the most reliable basis for a claim settlement.

      Push back and assert your rights. Overhead and profit, (“O P”) is a known expense that all contractors charge, usually at a rate of 10% and 10%. An insurer that holds back O P until repairs are completed puts the property owner in an impossible financial position. Under a replacement cost policy, if you have a signed contract to rebuild, it is wrong for your insurance company to hold back O P until your home is completely repaired. Check out this helpful article on Payment of Overhead and Profit for more information.

      Depreciation is frustrating and confusing to most people. It’s subjective—not a science. Each adjuster makes his or her own decisions on how much and which items they depreciate. That means it’s up to you to argue for more reasonable numbers. Many adjusters will try and apply a set depreciation across the board to every item. That’s not fair. The condition of an item, its age and its useful life are all factors to consider. Not everything in your home is subject to depreciation. For example, paint, vinyl and roofing are exposed to the elements, so of course they deteriorate and are subject to depreciation. The underlying materials that held your home together—studs, cement, rebar, and framing—are not. Studs can last 200 years, so don’t allow your adjuster/insurer to depreciate those items.

      It’s normal not to remember much after a traumatic loss. Take your time and don’t be pressured. Ninety nine percent of all disaster victims can’t remember much of what they had— even after months and years after their loss. UP offers free inventory forms and lists on a flash drive and on our website that will help job your memory. If you’re not a computer person, use the lists in the Disaster Recovery Handbook and Household Inventory Guide.

      Generally speaking, the insurer owes to restore your property to its pre-loss condition subject to the dollar limits of your coverage. The appearance of your home after repairs have been made should be “uniform and consistent.” If you didn’t have two different colors of siding on your house before the loss, you don’t have to have them after the loss. Insurance should to put you back where you were before the loss. In recent years, some insurers have been sneaking new wording in to their policies that can cause problems in this area. For more information, read UP’s Tips on Partial Losses.

      Differences in construction estimates are a very, very common problem with large losses. Ideally, you and the insurance company should reach agreement on a “Scope” of loss that lists in detail the quantities and qualities of construction materials, the trades, labor, profit and overhead, building code compliance and every single item required to be priced to repair or rebuild your original home. If you can reach an agreement on a scope then have contractors bid on that –it’s far easier to break a logjam due to conflicting contractor estimates.

      If you’ve submitted all the information that your insurance company needs to pay your dwelling claim, written follow-up letters and made phone calls to higher-ups in the company, but nothing’s worked, consider “Mediation” or “Appraisal” to resolve the difference. Mediation is an informal way of resolving problems without going to court. Insurance appraisals are like mini-trials without a jury. Almost every homeowner’s policy has an Appraisal section that is supposed to help resolve disputes over repair estimates.

      If you and your insurance company are far apart on the amount you’re owed for repairs, consider using the appraisal process to settle the dispute. If you decide to use the process, make sure you get help from experts who don’t do most or all their work for the insurance industry or you’ll be wasting your time and money.

      Read UP’s tips on hiring professional help, and visit the “Find Help” section atwww.uphelp.org Make sure you check references carefully, and hire only an experienced and reputable, licensed claim or law professional who specializes in representing policyholders, not insurance companies. If you need someone to help you document and value your losses, consider hiring a public adjuster and negotiate a fair fee – typically @7-10% of whatever they recover from the insurance company after you’ve hired them. If you need someone to help you exercise your legal rights, consider hiring a plaintiff-side insurance attorney on a contingent fee basis who will advance litigation costs if a settlement cannot be reached and a lawsuit becomes necessary.

      By using our Website, you agree to the Terms of Use and Privacy Policy.

      © 2017 United Policyholders. The material on this site is for informational purposes only and is not a substitute for legal advice.



      Small Claims Court Rules listed by State, small claims court procedure.#Small #claims #court #procedure


      Court Rules for Each State

      Small Claims Court!

      Who Serves Papers

      District where defendant lives

      Small Claims Court

      Court Nearest Defendant

      Peace Officer (recommended)

      Certified Mail through Clerk

      Small Claims Division of Justice of the Peace Court

      Court Nearest Defendant

      First Class or Certified Mail

      Small Claims Division of Municipal Court

      Where Defendant lives

      Small Claims Court

      District where Defendant lives or lived when promise was made

      Certified or Registered Mail

      County Court, Small Claims Division

      County where defendant lives or works

      Certified or Registered Mail

      Small Claims Court

      County where defendant lives

      Regular Mail through Clerk

      Justice of the Peace

      Anywhere in the State

      Coroner, Deputy Sheriff

      District of Columbia

      Superior Court or Small Claims Court

      Only One Location in State

      Certified or Registered Mail

      County Court Summary Procedure Division

      County where defendant lives

      Certified or Registered Mail

      County where defendant lives

      Marshall of Court

      Person appointed by court

      District Court; Small Claims Division

      Judicial District where defendant lives

      Certified or Registered Mail

      Person appointed by court

      Small Claims Department of Magistrate’s Division

      County where defendant lives or where the claim arose

      Small Claims Court

      County where defendant lives or where the claim arose

      Small Claims Court

      County where defendant lives or where the claim arose

      Person appointed by court

      Registered or Certified Mail

      Small Claims Court

      County where defendant lives or where the claim arose

      Peace officer (recommended)

      Person appointed by court

      Small Claims Court

      County where defendant lives

      Small Claims Court

      County where defendant lives

      Bailiff appointed by court

      Justice of the Peace

      County where defendant lives

      Person appointed by court

      Small Claims Court

      County where defendant lives

      County where defendant lives

      District where defendant or plaintiff lives

      Person appointed by court

      Registered or Certified Mail

      County where defendant lives or where the claim arose

      County where defendant lives

      County where defendant lives or where the claim arose

      Small Claims Court

      County where defendant lives

      Registered or Certified Mail

      Small Claims Court

      County where defendant lives

      County where defendant lives

      Person appointed by court or authorized by law

      Justice’s Court for Small Claims

      City where defendant lives

      Small Claims Court

      District where defendant or plaintiff lives

      Registered or Certified Mail

      Superior Court, Special Civil Division

      County where defendant lives

      Person appointed by court

      Sergeant at Arms

      Magistrate’s Court: Small Claims Division

      County where defendant lives

      Small Claims Court

      County where defendant lives

      Small Claims Court

      County where defendant lives

      Small Claims Court

      County where defendant lives

      Small Claims Court

      County where defendant lives

      Person appointed by court

      Small Claims Court of the District Court

      County where defendant lives

      Person appointed by court

      Registered or Certified Mail

      District Court: Small Claims Division

      County where defendant lives

      Registered or Certified Mail

      Where defendant can be served

      Small Claims Court of the District Court

      County where defendant lives

      Registered or Certified Mail

      County where defendant lives

      Small Claims Court

      County where defendant lives

      Disinterested Elector of County

      Registered or Certified Mail

      Court of General Session

      County where defendant lives

      Registered or Certified Mail return receipt requested

      Small Claims Court

      Precinct where defendant lives

      Small Claims Division of Circuit Court

      County where defendant lives or where claim arose

      Disinterested Adult over 21

      Small Claims Court

      County where defendant or plaintiff lives

      Person appointed by court

      Registered or Certified Mail

      Small Claims Court in Fairfax and Arlington counties, Circuit Court in other counties

      District where defendant lives or where claim arose



      Passenger Injury Claims After a Car Accident, car injury claims.#Car #injury #claims


      Passenger Injury Claims After a Car Accident

      If you have been injured in a car accident as a passenger, there may be a few avenues you can take to get compensation for your medical bills and related losses. In this article, we’ll take a close look at those options, plus we’ll offer a few tips to keep in mind when you’re making an insurance claim as an injured passenger.

      Depending on who might have been at fault for the underlying car accident, as a first step, you can usually make a claim against either of the following liability insurance policies:

      • the policy of the driver or owner of the car you were riding in at the time of the accident, or
      • the policy of the driver or owner of another vehicle involved in the accident.

      A claim in either of these scenarios would be considered a “third party” claim, since it is one you’re making under an insurance policy that is not your own. (Learn more about How Insurance Claims Work.)

      It is possible you will need to make multiple claims. For example, if Driver A’s liability policy does not provide sufficient coverage for your losses, you may need to pursue a claim under the policy of Driver B for the remainder of your claim (that’s assuming that both drivers played a role in causing the accident).

      Consider this example: You are injured in a car accident and incur $35,000 in medical bills. The driver/owner of the vehicle you were in only has $10,000 of liability coverage. You are going to be $25,000 short in trying to recover your medical bills under that policy. You could, in this example, also pursue a claim against one of the liability policies for another car involved in the accident for the remaining amount (if there is enough under the other policy to recover the remaining amount).

      One thing to remember from the example above is you cannot recover more than your claim is worth. One policy will be allowed to offset whatever amount you recovered from the other policy. In other words, you do not get to double dip.

      What If the Passenger is Related to the Driver?

      If you are related to, and you live with, the driver of the car you were riding in as a passenger, you will probably not be able to pursue a claim against that driver’s liability insurance policy. In that situation, you are usually considered an insured under the policy; and insured persons cannot pursue liability claims against the policy that insures them. (Learn more about Negotiating with Your Own Insurer After an Injury.)

      Using Medical Payments ( Med Pay ) Coverage

      Oftentimes, insurance claims take time to process — especially when you are making a claim against someone else s policy. If you have medical bills that need to be paid, and your claim against the other policy is still under review, you can make a claim for medical payments. This type of coverage is often simply referred to as med pay. Many people do not even know they have med pay coverage under their automobile insurance policy.

      Med pay is not contingent on determining who was at fault for the underlying car accident. This makes processing the claim significantly faster. Keep in mind that if you are claiming pain and suffering, lost wages, or you incurred any other expenses as a result of the accident, med pay will not cover those items. Med pay only covers your medical bills.

      An important thing to remember is med pay does not provide infinite coverage for your medical bills. Like any insurance policy, it has its limits; and frankly, those limits are typically pretty low, maybe around $10,000 in a standard policy.

      If your med pay coverage is not enough to cover you medical bills, or you are also making claims for the additional items described above, you can still make a claim under the policies of the others involved in the accident (that of the owner/driver of the car you were riding in, or that of the owner/driver of another vehicle involved).

      You may also be able to make a claim for med pay coverage under the insurance policy of the driver/owner of the vehicle you were riding in. Again, you are not allowed to double dip. The amount you recover is limited to the amount of your claim. If one policy compensates you for any measure of your claim, any other liability policies involved will be entitled to an offset for the amount you already received.



      New York City Small Claims Court>, small claims court procedure.#Small #claims #court #procedure


      Starting a Case

      Anyone 18 years of age or over can sue in Small Claims Court. If you are younger than 18, your parent or guardian may sue on your behalf. Only an individual can sue in Small Claims Court. Corporations, partnerships, associations, or assignees cannot sue in Small Claims Court. However, they can be sued in Small Claims Court. If you are a corporation, partnership, association or assignee, you can bring a Commercial Claim or Consumer Transaction. For more information, click on Commercial Claims and Consumer Transactions.

      In general, the person suing is called the claimant. The person being sued is called the defendant. You may sue more than one person at the same time.

      You must be the proper person to sue in Small Claims Court. For example, if you are involved in an accident while driving an automobile that is not registered in your name, you cannot sue for the damage caused to the automobile during the accident. Only the registered owner of the automobile can sue for the damages caused to the automobile.

      To learn more about bringing a Small Claims Court case, continue reading below. You can also read the law on this procedure, by clicking on Civil Court Act section 1803.

      Small claims court procedure

      Where to Sue: Venue

      A claimant must begin the lawsuit in the proper county. In general, a claimant can sue in the county where either party resides. If no party resides within the City, the action can be brought in the county where either party has employment or a business address. If the defendant does not have a residence, employment, or have a business address within the City of New York, you cannot bring the lawsuit in the Small Claims Court. To find the location in your county, click on Locations.

      Small claims court procedure

      Starting the Case

      To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Small Claims Court Clerk s office in the proper county and fill out a statement of claim. To find out where the clerk s office is located in your county, click on Locations. To find out when the Small Claims Court Clerk s office is open, click on Court Hours. You may also use an outside service to fill out your statement of claim and electronically file it with the Court. If you are interested in starting your case this way, click on electronic filing.

      The person filling out the statement of claim must be able to explain the reason for the lawsuit, know the amount of the claim, and have the correct name and address, including zip code, of the person or business that is being sued. If you are not sure of the correct name of the business, you should go to the County Clerk s office in the county where the business is located and look up the certificate of doing business, photocopy the certificate and bring it to the court. The person filling out the statement of claim must be able to explain the reason for the lawsuit, know the amount of the claim, and have the correct name and address, including zip code, of the person or business that is being sued. If you are not sure of the correct name of the business, you should go to the County Clerk s office in the county where the business is located and look up the certificate of doing business, photocopy the certificate and bring it to the court. View and print the small claims claim form.

      You can watch a short tutorial to explain how to fill in the form.

      Small Claims Form Instructions:

      Video (run time: 4:52 minutes/seconds, Windows Media format )

      Small claims court procedure

      You will have to pay the court fee to file your claim. If your claim is for an amount up to and including $1,000.00, there is a fee of $15.00. If your claim is for an amount over $1,000.00 and up to $5,000.00, there is a fee of $20.00. The fee must be paid by cash, certified check, money order or bank check made out to Clerk of the Civil Court. Personal checks will not be accepted.

      The clerk will give you a date for the hearing. Small Claims Court hearings are usually held at 6:30 p.m. If you are a senior citizen, a disabled person, or a person who works during the evening, you may request that your small claims hearing be heard during the day. You or the person appearing on your behalf must show proof of age, or disability, or nighttime employment. The proof can be in the form of a letter from your job or from a doctor, a driver s license showing your birth date, or other similar documents.

      If you live outside the City of New York and want to sue a party within the City of New York, you may file your claim by mail. Contact the Small Claims Court Clerk s office in the county where the defendant lives, works or has a place of business to obtain the necessary form.

      Small claims court procedure

      The court system does not provide electronic filing at this time. However, several private vendors provide this service. The service provided by each of the vendors is different, and you must review their requirements. We advise that you review this entire website, as it offers a lot of information on how to proceed with your case.

      The current vendors are:

      Small claims court procedure

      Notifying the Defendant

      After your claim is filed, the Small Claims Court clerk will serve a notice of your claim by sending it to the defendant. The notice of claim tells the defendant when to appear in Small Claims Court, and includes a brief statement of your claim and the amount of money you are requesting.

      The notice of your claim will be sent to the defendant by certified mail and by ordinary first class mail. If the notice sent by ordinary first class mail is not returned by the post office within 21 days as undeliverable, the defendant is presumed to have received notice of your claim, even if the notice of claim sent by certified mail has not been delivered.

      If the post office cannot deliver the notice of your claim (for example, the defendant may have moved without leaving a forwarding address), the court clerk will give you a new hearing date and will tell you how to arrange for personal delivery of the notice to the defendant. Anyone who is not a party to the small claim and who is 18 years of age or older can personally deliver the notice of claim to the defendant. The claimant or any other party to the action may not serve the notice of claim personally on the defendant.

      If the notice of claim cannot be served on the defendant within 4 months after you filed your claim, your claim will be dismissed. If you learn new information about the defendant s location at a later date, you can file your claim again.

      A small claims case will not proceed to trial until the defendant has been served with a notice of your claim.

      The defendant may want to file a counterclaim. For information about this procedure, click on Counterclaims.

      Small claims court procedure

      Preparing for Court

      Before the date of the hearing, you should gather all the evidence that supports your claim or your defense. Evidence may include: photographs, a written agreement, an itemized bill or invoice marked paid, receipts, at least two itemized written estimates of the cost of services or repairs, a canceled check, a damaged item or article of clothing, or letters or other written documents. If there are records that are not in your possession, you may wish to subpoena them to be produced at the hearing date. For information about this procedure, click on Subpoenas.

      You should also prepare any witnesses you plan to testify at the hearing in support of your claim or defense. The testimony of a person who has special or expert knowledge and experience concerning the subject of your claim may be necessary for you to prove your case. For example, if your claim involves the quality of medical care, you must find a doctor who is willing to give an opinion, in court, about the quality of the care you received. While you might find an expert witness who will testify at no cost to you, it is more likely that you will have to pay for an expert witness testimony.

      If a witness, other than an expert witness, will not testify voluntarily, you can serve the witness with a subpoena requiring them to appear in court and testify. For information on how to do this, click on Subpoenas.



      How to File a Case in Small Claims Court (with Pictures), small claims court online.#Small #claims #court #online


      How to File a Case in Small Claims Court

      In small claims courts, individuals can file lawsuits quickly and inexpensively. You can file suits against individuals, corporations, partnerships and other entities. Each state sets the maximum amount that you can sue for in these courts. The dollar amounts range from $2,500 to $25,000. [1] Rules for filing a case in small claims court vary between states and even counties. Before filing your case, be sure to check with your county clerk or an attorney to find out the rules in your state.

      Steps Edit

      Part One of Four:

      Reviewing and Evaluating Your Case Edit

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Part Two of Four:

      Small claims court online

      Small claims court online

      Small claims court online

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      Small claims court online



      How to File a Case in Small Claims Court (with Pictures), small claims court online.#Small #claims #court #online


      How to File a Case in Small Claims Court

      In small claims courts, individuals can file lawsuits quickly and inexpensively. You can file suits against individuals, corporations, partnerships and other entities. Each state sets the maximum amount that you can sue for in these courts. The dollar amounts range from $2,500 to $25,000. [1] Rules for filing a case in small claims court vary between states and even counties. Before filing your case, be sure to check with your county clerk or an attorney to find out the rules in your state.

      Steps Edit

      Part One of Four:

      Reviewing and Evaluating Your Case Edit

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Part Two of Four:

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online



      How to File a Case in Small Claims Court (with Pictures), small claims court online.#Small #claims #court #online


      How to File a Case in Small Claims Court

      In small claims courts, individuals can file lawsuits quickly and inexpensively. You can file suits against individuals, corporations, partnerships and other entities. Each state sets the maximum amount that you can sue for in these courts. The dollar amounts range from $2,500 to $25,000. [1] Rules for filing a case in small claims court vary between states and even counties. Before filing your case, be sure to check with your county clerk or an attorney to find out the rules in your state.

      Steps Edit

      Part One of Four:

      Reviewing and Evaluating Your Case Edit

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Part Two of Four:

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

      Small claims court online

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      Car Accident Lawyer NYC FREE ADVICE New York Personal Injury Attorney NY, car injury claims.#Car #injury #claims


      NYC Car Accident Lawyer New York Personal Injury Attorney – What Is My Case Worth? Free Advice

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      Do I Have A Case?

      Call (718) 233-3913 For ADVICE FREE, 24/7.

      If you ve lost someone in a fatal wrongful death accident, the attorneys at our firm will compassionately take care of your legal needs while you grieve. We represents personal injury claims for clients in New York. We go after the at-fault responsible parties insurance company. Speak to an attorney now for free advice: 718-233-3913. Pay nothing, unless we WIN your case.

      1. Obtain the police report
      2. Start the rehabilitation process, let us do the rest.
      3. Speak to no one.
      4. If anyone calls to discuss the accident, tell them these three words, SPEAK TO MY LAWYER .

      Never give recorded statements to an insurance company; consult with an attorney first. Insurance adjusters will use unscrupulous tactics to avoid paying an injury claim. They pressure no-fault-drivers into excepting little to no money for their injuries. Admit NO Guilt! Say NO to Personal Injury Settlement Releases

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      Please note claims filed may take 1 -3 years depending on the insurance companies reluctance to pay. That s where our personal injury law firm comes in — WE FIGHT FOR YOUR RIGHTS! As your advocate, your best interest is ours — when you win, we win.

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      Ireland is failing trafficking survivors, claims report, Irish Examiner, small claims court ireland.#Small #claims #court #ireland


      Ireland is failing trafficking survivors, claims report

      This country is deficient when it comes to supporting victims of human trafficking, with a report claiming Ireland is still a destination and source country for women, men, and children subjected to sex trafficking and forced labour, including forced criminal activity.

      Small claims court ireland

      The annual Trafficking in Persons Report 2016, by the US State Department, noted while 90 new trafficking-related cases were opened here last year, in line with figures for recent years, a conviction for trafficking has not been secured since 2013.

      According to the report, of last year s cases, 61 involved sexual exploitation, 17 involved labour exploitation, four were forced criminality, two were for both sexual and labour exploitation, and six were uncategorised.

      It said garda have continued pretrial reviews of at least 13 cases for possible trafficking indicators related to cannabis sector arrests, while nine people were prosecuted last year for human trafficking crimes a significant increase from previous reporting periods (zero prosecutions in 2015; one prosecution in 2014; two prosecutions in 2013) .

      There were 29 trafficking cases pending prosecution, 18 of which were new suspected trafficking cases.

      Last year, 95 suspected trafficking victims were identified, compared with 78 in 2015 and 46 in 2014. Of those, 52 were exploited in sex trafficking, 38 in labour trafficking, one in both sex and labour trafficking, and four in forced criminality in the selling of heroin; 50 were female and 45 were male, with the increase in men driven by one case involving 23 Romanian male victims.

      The victims included 39 Romanians, 19 Irish children, and 10 from Nigeria, with the rest coming from Eastern Europe, Africa, South Asia, and South America.

      The report noted: Experts raised concerns about the Government s ability and efficiency to identify human trafficking victims and its efficiency in doing so.

      Although the Government meets the minimum standards, it has not obtained a trafficking conviction since 2013, and had deficiencies in certain areas of victim identification, suitable housing for victims that prevent retraumatisation, and viable avenues for victim compensation.

      It found that Ireland is one country listed as a destination for Hungarian women and children subjected to sex trafficking and domestic labour. It said Latvian women have been recruited for brokered marriages in Western Europe, particularly Ireland , where they are vulnerable to sex trafficking, domestic servitude, and forced labour.

      Some Lithuanian men are subjected to forced labour, including in agriculture, in countries including Ireland, with Slovak women also trafficked here for sexual exploitation.

      The report noted shortcomings, such as a lack of specialised services in the centres for female victims who have been traumatised due to psychological, physical, or sexual violence.

      Last year two trafficking victims were granted a 60-day period of recovery and reflection, while seven were granted a six-month temporary residence permit, and three suspected victims were granted a change of status in immigration.

      Irish Examiner Ltd. All rights reserved



      How to Take Someone to the Small Claims Court in the UK, small claims court ireland.#Small #claims #court #ireland


      small claims court ireland

      Small claims court ireland

      Hi, my name is Paul Fletcher from Lancaster in the UK. In 2015, I successfully used the Small Claims Court to settle a rental dispute with my Landlord. I was a complete novice when I started this process having never had any involvement with the Law or the UK Court system. When researching my case I could not find a simple, concise, ‘How-To’ guide to the Small Claims procedure so I decided to write one.

      • Taking somebody to court is actually quite easy, you go to the MCOL site www.moneyclaim.gov.uk, register as a user and away you go (but please take advice from this website before doing that!). I had a consult with a solicitor before launching my case, but that wasn’t strictly necessary.
      • Taking someone to court will cost you money, you pay Fees as the Case progresses through the Court system, I paid £375 in Court fees, the fees vary depending on how much you claim (see MY CASE below).
      • Taking someone to court will take time, the wheels of due process move slowly, you need to accept this and play the long game. My case took over 6 months from start to finish.
      • The Small Claims process actually works, if you have been ripped-off and are considering legal action, I say go for it, I’m certainly glad I did.

      I have divided the Small Claims process into a number of Logical Steps (see above left) on the Main Menu. I would advise you to read through the entire process before starting your Claim, as I stated above, taking someone to court is easy, but you need to know what you are letting yourself in for before going ahead.

      MY CASE: I claimed £1650 from my Landlord who evicted me at short notice and then refused to return my deposit and 6 weeks advanced rent. The fees were £105 to start my Claim on MCOL, then a Hearing fee of £170. And finally, £100 to Enforce the judgment. Total £375. I won the case and the fees were added to my Claim, i.e. the final cost to my Landlord was over £2000. For an explanation of costs, see Small Claims Court Fees or see My Court Case for details of what happened to me.

      Terminology: Why the Small Claims ‘Court’ doesn’t exist

      The term ‘Small Claims Court’ has slipped into common parlance, it is however something of a misnomer; the term ‘Small Claims Court’ is unofficial shorthand for the Small Claims Track of the County Court. There are 3 County Court Tracks that deal with Cases according to their complexity and the amount/value of the Claim. Your Claim will be dealt with by the County Court, but using the rules, processes and procedures of the Small Claims Track.

      When you take a person or company to Court, what you are in fact doing is Making a Claim against them, your Claim becomes a Case when it is allocated to a Court Track. This terminology is important to understand when dealing with the Court Office and following Court procedures. Both Online and hardcopy Court documentation use the term Claim in the early stages and Case in the later stages.

      This website, and my experience, is with the Courts system in England and Wales. In Scotland and Northern Ireland there are equivalent Small Claims tracks, but the rules/procedures are different (e.g. the limit for a Small Claim in Scotland is £3000 whereas in England and Wales it is £10,000). See the Useful Sites page for the respective Scottish and NI Court websites.

      The first step is trying to stay out of Court. You may have been ripped-off and want to see justice done, but you need to at least try to settle the matter before going to Court. If your Case progresses to a Hearing, the Judge will want to see that you took reasonable steps to avoid Court action, so the first step is Resolving the dispute without going to Court.



      Home, PartnerRe, small claims court ireland.#Small #claims #court #ireland


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      Solicitors in Coventry, Ward & Rider, accident claims solicitors.#Accident #claims #solicitors


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      Accident claims solicitors

      Leamington Office: 01926 827804

      Leamington: 01926 827804

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      Welcome to Ward Rider Solicitors Coventry. We Promise to.

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      What Ward Rider Solicitors are about.

      If you require expert legal services from a modern and client focused firm of solicitors, then contact us now to arrange a consultation with one of our specialist lawyers.

      From making a Will to undertaking high value personal injury compensation claims, from conveyancing to family law, we have been providing quality legal services for over 65 years to the people of Coventry and the Midlands who require a service from committed lawyers who genuinely care about their clients and their affairs. See the links on this page for more information on our complete range of services.

      Total Client Service – It’s What Makes Us Different From Other Solicitors!

      We are totally committed to providing you with a truly exceptional legal service.

      All our legal experts receive regular ongoing client service training with an emphasis on ensuring our clients are valued, listened to, supported and offered the best legal service available. We listen to our clients, we take time to understand them as individuals and provide them with a refreshing level of care, understanding and expertise which is tailored to individual needs and requirements. But don’t just take our word for it, see the testimonials at the bottom of this page to see what great things our clients are saying about their experiences with Ward Rider Solicitors.

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      “My wife and I were very pleased with all aspects of the work carried out for us. From meeting your receptionists right up to our final signings everything was done on an efficient and professional manner. We were made to feel welcome and were very comfortable at all times.”

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      Ward Rider Ltd is a company registered in England and Wales with registration number 7105531; VAT number 272 8052 58 Registered Office: 2 Manor Yard, New Union Street, Coventry, CV1 2PF Authorised and regulated by the Solicitors Regulation Authority (Number 532992) and subject to the Solicitors Code of Conduct at www.sra.org.uk/solicitors/code-of-conduct. Details of Directors are available at our registered office

      The Company maintains professional indemnity insurance in accordance with the Rules of the Solicitors Regulation Authority. Details of the insurers and the territorial coverage of the policy are available for inspection at our office.

      Copyright 2017 Ward and Rider

      Fax: 024 7622 4717

      Ward Rider Ltd is a company registered in England and Wales with registration number 7105531; VAT number 272 8052 58 Registered Office: 2 Manor Yard, New Union Street, Coventry, CV1 2PF Authorised and regulated by the Solicitors Regulation Authority (Number 532992) and subject to the Solicitors Code of Conduct at www.sra.org.uk/solicitors/code-of-conduct. Details of Directors are available at our registered office

      The Company maintains professional indemnity insurance in accordance with the Rules of the Solicitors Regulation Authority. Details of the insurers and the territorial coverage of the policy are available for inspection at our office.



      Toronto Small Claims Court, Justice Matters, small claims court ontario.#Small #claims #court #ontario


      416 Toronto Small Claims Court

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      Toronto, Ontario M2N 5N1

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      PARKING: There is no free parking in the immediate area. Parking at the office complex starts at $4 per half hour up to a daily maximum of $15. Be advised that the parking lot is often at or near capacity which can pose a problem for those attending at court close to their scheduled hearing times.

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      HOURS OF OPERATION: The administration office opens at 8:30am and closes promptly at 5:00pm. If you are not served by 5:00pm you will need to come back another day.

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    • Small Property Owner Nonpayment Petition – DIY Forms, NY CourtHelp, small claims court ontario.#Small #claims #court #ontario


      Small Property Owner Nonpayment Petition Program

      This free and easy program will ask you questions and make papers for a residential nonpayment petition or written rent demand to start a nonpayment case against your tenant in court. You will also get instructions that tell you what to do next.

      File this form in District Court, City Court, Town Court or Village Court.

      You can use this program if:

      • you do not have a lawyer,
      • you own less than 3 rental units,
      • you are the owner and landlord of the premises,
      • you are not a corporation or voluntary association,
      • the premises is not rent regulated,
      • the tenant is in possession of the premises, and
      • the premises is located outside New York City.

      New York City residents can use the NYC Small Property Owner Nonpayment Petition Program. This program will not make the right court papers for you.

      Information Checklist

      You will need the following information with you when you use this program:

      • The name and address of the tenant.

      Start

      Note: You will be taken to our partner website called LawHelp Interactive.

      You can Sign Up to Save Your Work or go directly to the program without signing up by clicking on Get Started or Go . Then check to agree to the Terms of Use and click on Continue to begin the program.

      About DIY Forms

      Who Can Use These Programs?

      You can use DIY Forms if:

      • you’re a court user and you don’t have a lawyer;
      • you’re a legal services provider;
      • you’re a pro bono lawyer. Pro bono lawyers filing a DIY Form must submit thispro bono affirmation.
      • you’re from a low-bono (reduced fee) program recognized and authorized to use the DIY Form programs by the NYS Courts Access to Justice Program. You must submit this low-bono affirmation with the filing.

      Commercial use is prohibited and no one may charge for using these programs. When you begin the program, you will be asked to accept these terms of use.

      In order to use DIY Form programs, make sure you have the following:

      Note: If you’re on a Mac and do not have Microsoft Word, this program will not work for you.

      SeeВ Frequently Asked Questions for help using DIY Form programs.

      Related Information:

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      Motorbike Accident Claims, Motorcycle Injury Solicitors – Manchester, Liverpool UK, accident claims solicitors.#Accident #claims #solicitors


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      Apparently car drivers don t see bikers. Why? Because they don t look for us! Until, that is, we ve been hit by them and flown over the bonnet of their car.

      Accidents do and will happen. Our bikes are more than a mode of transport and we are more than a reference number. So what should we do if it happens to us?

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      Click here to sign up today with Sorrymate.com and we will send you and your partner one of our new designed SMIDSY ID Cards.

      Once you receive your SMIDSY cards you simply need to make sure you keep it safe. Should you be involved in a bike crash or bike accident, simply call SorryMate and we will take care of all your personal injury claims for you, it really is that simple!

      We have many years of experience in helping motorcycle accident victims and people involved in scooter or cycling accidents throughout the UK. You can view some of our biking client testimonials and see the motorbike accident claims that we deal with regularly. As bikers we understand all elements of making a motorcycle accident claim and related injuries that are associated with this.

      As well as dealing with road traffic accident claims (RTA) throughout the UK and SMIDSY claims, SorryMate.com is also a central hub for motorbike and cyclist enthusiasts, providing industry news, relevant biking related sites and competitions for biking enthusiasts.

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      Precision Paralegal Services LLP – Ontario – Alberta Small Claims Court Experts, small claims court ontario.#Small #claims #court #ontario


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      TOP Injury Lawyers, Compare Injury Lawyers, Personal Injury Claim, accident claims solicitors.#Accident #claims #solicitors


      Compare Personal Injury Lawyers in Seconds

      Finding a good personal injury lawyer or an accident claim company for your compensation claim can be difficult especially since there are so many. Think about it! You see so many adverts on TV, but do you know who the best personal injury claim solicitor for you is, or who offers you the most compensation online?

      Don’t just fall for the trap of the adverts, as they all claim to be the right solicitor or accident management company for you. Get the BEST accident claim DEALS and SERVICES available on the personal injury market. Claim for injury, claim for accident or claim for compensation with recommended injury solicitors.

      Compare personal injury lawyers services to MAXIMISE your injury compensation claim. Compare Compensation Claims is keeping your cost of making an accident claim to minimum, so you as a client can benefit from more personal injury compensation services. You control what compensation services you are given for your personal injury compensation claim.

      This is where Compare Compensation Claims excels. We provide a comprehensive range of top personal injury lawyers injury compensation packages. Get instant results, view ratings profiles for each accident claim solicitor independently make an informed choice for your accident claim. There are solicitors who specialise in specific types of personal injury claims, for example, if you have a car accident claim, then you will want to work with solicitors who specialise in road traffic accidents who also offer you a courtesy car. Likewise if you are making a work accident claim or even a public liability claim, you should look for injury solicitors that specifically specialise in these accident types when making a personal injury compensation claim as you want the right injury solicitor, with the right expertise, for your EXACT case.

      Compare Compensation Claim’s user-friendly website makes it easy for you to find an injury compensation package that suits your needs a personal injury lawyer that meets your requirements. Claim for personal injury, claim for accident or claim for compensation by making a personal injury compensation claim the smart way.



      LEGAL GUIDE: SMALL CLAIMS COURT (ONTARIO) – Evidence (II), small claims court ontario.#Small #claims #court #ontario


      small claims court ontario

      Small claims court ontario

      Advising Self-Representing

      Simon Shields, LLB

      . the Small Claims Court may admit as evidence at a hearing and act upon any oral testimony and any document or other thing so long as the evidence is relevant to the subject-matter of the proceeding, but the court may exclude anything unduly repetitious. That said, courts will still tend to approach their fact-finding task thinking in traditional evidence law categories. Thus while they may formally “admit” into evidence more statements and documents (discussed below) in Small Claims court than they otherwise would, this does not mean that all such evidence will be given equal “weight” or importance (this concept is discussed above).

      Nothing is admissible in evidence at a hearing,

      Nothing in subsection (1) overrides the provisions of any Act expressly limiting the extent to or purposes for which any oral testimony, documents or things may be admitted or used in evidence in any proceeding. Thus, rules of “privilege”, and any statutory rules which make evidence inadmissible or otherwise limit its use are still alive and kicking in Small Claims court.

      Nothing in this section affects the admissibility of any evidence that would be admissible apart from this section or makes admissible any writing or record that is privileged. Similar reasoning was recently applied in VFC Inc v Balchand [2008] OJ #533 (Div Ct) to hold that the giving of the Evidence Act business records notice was NOT a prerequisite to the admission of hearsay documents in the Small Claims Court.

      These contact information requirements can be quite a practical burden in some cases, although many such documents contain this information on their face. I note that it is an open issue as to whether the failure to comply with the R18.02(3) requirements to provide contact information bars the admission of timely-served evidence under R18.02(1) and (2). The party who receives the document and wishes to cross-examine the author or witness at trial then has the burden of summonsing them to the trial [see “Summons to Witnesses” section 3(e) below] [R18.02(4)]. If they do they must also serve the summons on all other parties [R18.02(5)], failing which the other part/ies “may request an adjournment of the trial, with costs” [R18.02(7)] (something which they could have done anyway). Note:

      This duty to serve a copy of the summons on other parties appears to only apply to witnesses summonsed pursuant to information provided under these disclosure rules. Confusion will no doubt arise as there is no similar all-party service duty when “other” summons are used. The best practice is likely to serve copies of ALL summons on all parties. Failure to serve the documents by the timeline established in R18.02(1) is not always fatal to their use. In Filipchuck v Tirino Corp [1999] OJ #4331 the Ontario Divisional Court declined to reverse a trial ruling in favour of the plaintiff where the plaintiff offered an expert report at trial past the R18.02(1) timeline (then 14 days). On examining the circumstances surrounding the use of the report the Divisional Court found insufficient prejudice to intervene. Note as well that a Small Claims court judge has a general discretion to waive the application of any Small Claims Rule [R2.02].

      The interaction of R18.02 (with it’s provision for summonsing the author of a written document) and CJA 27 (which makes no provision for summonsing but does allow admission of such documents) were discussed in the case of MBK Services v. PowerForward Inc. (Div Ct, 2013). The Divisional Court stated that the deputy-judge who exercised their discretion to admit written statements (some of them unsworn affidavits) made an error in the exercise of their discretion to do so when they did not consider that the authors of the documents were in the US and therefore not amenable to being summonsed. However the court also held that the evidence in the statements was not material to the judgment reached, rendering the comment obiter. Case Note:

      The case of Lakehead Aluminum v. Mauno Parkkari (Div Ct, 2014) makes the excellent point that R18.02 is permissive with respect to the admission of evidence, rather than prohibitive (as it is often applied by deputy-judges.): [21] Thus, provided that the evidence is not subject to privilege or rendered inadmissible by any Act, the Small Claims Court has the discretion to admit any oral or documentary evidence, whether or not sworn, affirmed or admissible in any other court, and a copy of a document may be admitted provided the court is satisfied as to its authenticity. While rule 18.02 expressly mandates the admission of documents that fall within its terms, it does not require the exclusion of documents that do not fall within its terms as set out in Ontario Small Claims Court Practice 2014: Rule 18.02 is often misinterpreted. The rule provides a procedure for the admission of documents which have been served on the other parties at least 30 days before trial, without the need for in-person witness. It does not say that no document can be admitted at trial unless it was disclosed at least 30 days before trial: see O’Connell v. Custom Kitchen & Vanity, 1986 CanLII 2650 (ON SC), 1986 CarswellOnt 414, 56 O.R. (2d) 57, 11 C.P.C. (2d) 295, 17 O.A.C. 157 (Ont. Div. Ct.). Rule 18.02 is an enabling provision and not a prohibition. It enables the admission of documents which might otherwise be excluded as hearsay. Documents not admitted under rule 18.02 may be admitted through other means such as through an in-person witness (M.A. Zuker and J.S. Winny, Ontario Small Claims Court Practice, 2014 (Toronto: Thomson Reuters, 2013) at p. 206). Case Note: In Untinen v Dykstra c.o.b., Dykstra Roofing & Renovations, IKO Industries Ltd. (Div Ct, 2016) [paras 22-39] the court considers the R18.02 pre-trial disclosure rule where expert evidence was taken at trial without an expert report having been disclosed 30 days before trial (and apparently not at all). The court concludes that while it is desirable to disclose documents beforehand, that the wording of Rule 18.02 is not mandatory so as to result in the exclusion of evidence not so disclosed. The issue remains discretionary to the court. (e) Summons to Witnesses Note:

      The Rules have now established connections between some disclosure rules (immediately above: “Documents: Authenticity and Pre-Trial Disclosure”) and these summons rules. Both should be reviewed in detail. A “summons to witness” – although prepared and served by a party to the proceeding – is similar in effect to a court order compelling a witness to appear at a trial or other hearing, and to bring with them any specified documents or other things within their control [R18.03(1)(2)]. Failure to comply with it can trigger punitive “contempt of court” proceedings against the witness.

      A Summons must be served personally (NOT by an “alternative to personal service”) (see Ch.6: “Service of Documents”) on a witness, at least ten days before the trial[R8.01(7)] and be accompanied by attendence and travel fees (usually a cheque payable to the witness), as set by law [R18.03(4)]. (see Ch.18 “Court Fees”).

      Similarly, a party who abuses the power to issue summonses may be ordered to pay compensation to the witness for inconvenience and expense [R18.03(8)].

      In this case the Divisional Court held that the Small Claims Court had no jurisdiction to order production of documents by a non-party. (j) “Subject to Proof”



      Audience, Twitch Advertising, claims guys.#Claims #guys


      Claims guys

      For the first time ever, gamers now finally have a true social network suited for them.

      More than 100 MILLION gather every month to broadcast, watch, and talk about video games.

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      75% OF TWITCH USERS ARE MALE WITH 73% IN THE AGE BETWEEN 18-49

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      TWITCH REACHES HALF OF MILLENIAL MALES IN AMERICA

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      NEARLY HALF OF TWITCH USERS SPEND 20+ HOURS A WEEK ON TWITCH

      According to a recent survey, gamers are more social, family-oriented, educated, optimistic, successful, and socially conscious than non-gamers. They watch more livestreaming content compared to last year, and are actively using the latest tech to consume content and connect to their peers.

      Claims guys

      The best illustration of where rapidly changing entertainment preferences and gamers meet is Twitch.

      And its growth is explosive. Broadcasters on Twitch tripled in 2013, with many propelled into celebrity status and established as passionate influencers.

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      OUR VIEWERS

      100 million monthly viewers spend 106 minutes daily watching live gaming, creating a tightly knit and highly interactive network of personalities, players, and spectators.

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      OUR BROADCASTERS

      Over 1,000,000 broadcasters share their games live on Twitch monthly, inspiring viewers to interact and discover new games along the way.

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      OUR INFLUENCERS

      Influencers are our top 5% broadcasters whose passion for gaming and electric personalities inspire a large, loyal fan base of viewers.



      Personal Injury – Road Traffic Accident Claims – No Win No Fee Solicitors – Accident Lawyers 4U, accident claims solicitors.#Accident #claims #solicitors


      accident claims solicitors

      Accident claims solicitors

      You’re in safe hands with our team who will personally handle your accident claim.

      Accident claims solicitors

      Accident claims solicitors

      We will review your claim to ensure you are awarded a competitive compensation rate if successful.

      So, why may you need to make a personal injury claim? If you’ve had an accident that wasn’t your fault, then you might want to ensure that the responsible party is held to account and pays appropriate compensation.

      Unfortunately, some people or organisations may not be inclined to immediately admit liability or offer you a suitable sum, which may leave you not knowing what to do next.

      This may be particularly upsetting if you are unable to work due to the injury and / or you are left suffering in pain.

      Getting a satisfactory resolution of your accident claim may require expertise and professional legal help – and that’s where we come in!

      Whether your personal injury claim relates to something that occurred at work, in a road traffic accident or in the home, we can help you with your accident injury claim!

      Accident claims solicitors

      We pride ourselves on delivering the highest standards of service. That’s because we know that you’re in need of recognition and help – not delays or excuses. We always endeavour to return your calls within 24 hours.

      Accident claims solicitors

      We know that legal costs can be daunting when making an accident claim. That’s why we offer a ‘no win no fee’ scheme. You have nothing to lose. If you want to make a claim or simply need advice, contact us today.

      Accident claims solicitors

      We deal with just about every type of personal accident – small and large! Whether your accident involves a fall at work, a car crash, an industrial mishap or a slip on a wet floor – we are here to help.

      Regulated by the Claims Management Regulator in respect of regulated claims management activities. Its registration is recorded on the website http://www.justice.gov.uk/claims-regulation. Authorisation number : CRM10108

      Accident Lawyers 4U work with an accident claims and road traffic accident firm of solicitors; who are regulated by the Solicitors Regulation Authority. Accident Lawyers 4U are based in the UK.

      * Charges may be applicable in exceptional circumstances (Find out more)

      Copyright © 2006 – 2016 CSI (Manchester) Ltd. All Rights Reserved.



      Corinne Olympios Forced Herself on 3 Bachelor in Paradise Men, Co-Star Jasmine Goode Says, E! News, claims guys.#Claims #guys


      Corinne Olympios Forced Herself on 3 Bachelor in Paradise Men, Co-Star Jasmine Goode Says

      Claims guys Claims guys Claims guys

      Claims guys

      Claims guys

      Claims guys

      Bachelor in Paradise contestant Jasmine Goode says co-star Corinne Olympios not only interacted with DeMario Jackson but also “forced herself on three male cast members when they were unable to consent” on the day of an alleged incident of misconduct, of which the latter woman has said she is a victim.

      But a source disputes Goode’s comments.

      Production on the ABC reality show was shut down last week. Production company Warner Bros. had said in a statement that it was suspended amid “allegations of misconduct” on the set in Mexico and that the group is “conducting a thorough investigation of these allegations.” It did not provide details.

      A producer had filed a complaint questioning whether Olympios was able to give consent for a sexual encounter with co-star Jackson. Insiders told E! News that the producer did not witness the alleged incident.

      Claims guys

      Photos

      Claims guys

      “The day of the incident under investigation, Corinne did not display any change in behavior from what was observed by the cast on her season of The Bachelor,” Goode said in an exclusive statement to E! News. “Corinne forced herself on three male cast members, when they were unable to consent, in addition to engaging with DeMario. After the incident everything seemed fine. There was no mention about being hurt. However, when producers tried to cut her off from drinking, she got upset and said, ‘Watch, watch what I’m gonna do.'”

      “The cast is not encouraged or forced to engage in any behaviors or to drink alcohol,” Goode continued. “Producers check in to make sure the cast is comfortable and accommodate to the needs requested.”

      Claims guys

      Photos

      Claims guys

      A source told E! News that Olympios “may have been flirty but did not force herself sexually on anyone.”

      “Jasmine and Corinne were friends,” the source said. “Jasmine, who was also drinking that night, knew how drunk Corinne was and tried to help Corinne down the stairs. Corinne fell and busted her knee open in front of Jasmine. The next day, Jasmine came in to check on Corinne and was telling her how intoxicated she was the night before and joked about how she scratched her elbow when she was trying to help her. Corinne and Jasmine’s friendship was fine until Jasmine found out production was suspended.”

      “Jasmine wasn’t present when the DeMario incident happened,” the source added. “She was doing her own thing with men down on the beach. She hooked up with three guys that night.” Goode has not responded to the source’s comments.

      Olympios’ attorney, Marty Singer, told E! News, “Several cast members and producers have come forward confirming the facts disclosed by my client.”

      “If nothing improper occurred on the set of Bachelor in Paradise, why was the production shut down within two days of production?” he said. “Shutting down production of a television series is almost unheard of. The investigation and subsequent shutting down of the series was initiated based on complaints made by producers on the set of Bachelor in Paradise.”

      Olympios had said in a statement this week, “I am a victim and have spent the last week trying to make sense of what happened on June 4. Although I have little memory of that night, something bad obviously took place, which I understand is why production on the show has now been suspended and a producer on the show has filed a complaint against the production.”

      “It’s unfortunate that my character and family name has been assassinated this past week with false claims and malicious allegations,” Jackson had said in a statement. “I will be taking swift and appropriate legal action until my name is cleared and, per the advice of legal counsel, will be seeking all available remedies entitled to me under the laws.”

      Dr. Aaron White, Senior Scientific Advisor to the Director at the National Institute on Alcohol Abuse and Alcoholism, told E! News that blackouts, or periods of amnesia for events that happened while a person was drinking alcohol, tend occur when a person’s blood alcohol level reaches 0.15 percent. A woman in her 20s of average weight, and that a woman in her 20s, who weighs about 149 pounds, would reach that level after about six drinks.

      “The amount of alcohol needed to produce blackouts also disrupts the ability to make sound decisions and control impulses,” he said. “So, while a moderately intoxicated person, in a blackout or not, can make decisions, they aren’t always good ones. A severely intoxicated person, in a blackout or not, could have profoundly impaired decision-making abilities.”

      He also said that people who have had blackouts may never remember what happened while they were experiencing one.



      Buzz Baker claims senior city amateur championship – Houston Chronicle, claims guys.#Claims #guys


      Buzz Baker claims senior city amateur championship

      Claims guys

      Claims guys

      Buzz Baker won the Greater Houston Senior City Amateur Championship on Sunday.

      Buzz Baker won the Greater Houston Senior City Amateur Championship on Sunday.

      After missing out on an opportunity to win the Houston city amateur 10 years ago in a playoff loss, Buzz Baker made sure there weren’t going to be any extra holes to decide a winner on Sunday at Memorial Park Golf Course.

      Eligible for the Greater Houston Senior City Amateur Championship for the first time, the 55-year-old Baker birdied four straight holes down the stretch to beat runner-up, and 2012 champion, Gary Durbin by 5 shots.

      This time the congratulations were directed toward Baker, who shot a 5-under-par 67 on Sunday and 5-under-par 211 overall.

      “I’m usually happy for the other guys so it’s really nice to be on the receiving end for once,” said Baker, who birdied holes 14-17 to distance himself from the pack.

      Baker, a mortgage banker for Houston-based Network Funding, LP, and a former golfer at Stephen F. Austin, carded rounds of 71-73-67 in what he said is the highlight of his individual amateur career.

      “I’m the young old guy. It’s very humbling,” said Baker. “Kind of the same fraternity of guys over the years.”

      Scott Smith finished third at 1-over-par 217 and Hunter Nelson was fourth at 2-over-par 218 in the 54-hole tournament conducted by the Houston Golf Association.

      On the 14th hole, Baker, who plays out of Shadow Hawk, hit his approach 6 feet above the hole. On 15 and 16 respectively, he placed his approach shots 18 inches and 10 inches from the hole. And his brilliant shot making continued when his second shot on No. 17 stopped 6 feet of the pin.

      “Catching Buzz was tough duty today,” said Smith, who had rounds of 75-69-73. “That’s awesome to bear down and get it done. It’s awesome to be in the moment and actually perform.”

      Durbin, Nelson and Marshall Piper were tied at 2-under going into Sunday’s final found. Durbin, who plays out of Champions Golf Club, shot a final-round 74 for his even-par 216.

      “I’m very pleased with the second-place finish,” said the 60-year-old Durbin, an All-American golfer at Penn State in 1979. “When you’re leading, you’d like to finish it off. Today was an opportunity to win the senior twice.”

      Baker is one of the more popular golfers on the Houston-area amateur circuit and fellow competitors lauded his winning the prestigious tournament as well as his outstanding play.

      “He’s a great guy and everybody likes him,” Smith, 58, said. “I’m pleased for him.”

      Added Durbin: “Buzz has been a very good, long-time amateur here. He got it going. Today, 5-under is very strong.”



      Homepage – Claims For You – Claims For You, accident claims solicitors.#Accident #claims #solicitors


      No Win No Fee Specialist Industrial Injury Solicitors

      Accident claims solicitors

      Call 0800 092 1443 or fill in the form today for FREE, NO OBLIGATION ADVICE

      Who are we?

      We are an award winning team of solicitors who specialise in industrial disease claims. We use our many years of experience and knowledge in this area to file claims with employers’ insurers. Using our specialist knowledge of health and safety and negligence law, we prove and value our clients’ injuries and successfully negotiate maximum settlements with insurers.

      Where we are able to prove an injury, we are successful in most claims.

      Who are we?

      We are an award winning team of solicitors who specialise in industrial disease claims. We use our many years of experience and knowledge in this area to file claims with employers’ insurers. Using our specialist knowledge of health and safety and negligence law, we prove and value our clients’ injuries and successfully negotiate maximum settlements with insurers.

      Where we are able to prove an injury, we are successful in most claims.

      What do we do?

      Only solicitors can pursue your claim. Unless you are dealing directly with solicitors, then you are going to be talking to a middleman, such as a Claims Management Company, who will then pass the claim on to a group of solicitors and charge you a fee for doing so.

      What do we do?

      Only solicitors can pursue your claim. Unless you are dealing directly with solicitors, then you are going to be talking to a middleman, such as a Claims Management Company, who will then pass the claim on to a group of solicitors and charge you a fee for doing so.

      Why choose us?

      • Specialist, independent solicitors
      • Speak direct to expert solicitors
      • Friendly and professional service
      • Pioneers of No Win No Fee
      • No Win No Fee, no hidden charges
      • Over 13 years experience
      • Call free on 0800 092 1443

      Why choose us?

      • Specialist, independent solicitors
      • Speak direct to expert solicitors
      • Friendly and professional service
      • Pioneers of No Win No Fee
      • No Win No Fee, no hidden charges
      • Over 13 years experience
      • Call free on 0800 092 1443

      Call 0800 092 1443 or fill in the form today for FREE, NO OBLIGATION ADVICE

      What does No Win No Fee actually mean?

      It’s simple: If you don’t succeed in your claim, you pay nothing.

      Each year hundreds of thousands of people suffer from accidents at work. Many people choose not to make any kind of accident compensation claim in the fear that it could be too expensive. Claims for you offer a NO WIN NO FEE service so you will be able to pursue your injury claim without the fear of running up expenses.

      We pride ourselves on providing justice for people who have suffered from injury.

      How much compensation will I get?

      Our advisers and solicitors will be able to give you some guidelines as to what you might expect to receive if you win your claim.

      What do I have to pay?

      Since our firm was established 13 years ago, we prided ourselves on our clients receiving 100% of their compensation. As solicitors, we claim our legal fees from our opponents on top of any compensation and therefore, we gave the guarantee that our clients receive 100% compensation.

      However, following Government changes and the introduction of the Legal aid, Sentencing and Punishment of Offenders Act which came into force on the 1 April 2013, we are now not able to recover all of our legal fees from our opponent and therefore only on successful cases, we do make a small charge from our client’s compensation.

      Therefore, if you are successful in your claim there will be a charge of up to 20% of your compensation. If for whatever reason, you are unsuccessful we will make no charge for our work and therefore our agreement remains a no win, no fee agreement.

      Given the new rules will allow solicitors and claims management companies to charge a fee of up to 50% of the compensation awarded (and we are aware of firms who do this), we think our small deduction is very competitive and keeping in the tradition of ensuring clients get the maximum, and as much of the compensation as possible.

      Will I have to fill out loads of paperwork?

      Your accident solicitor should be able to do most of the necessary paperwork for you.

      You will have to check the details of your compensation claim before it is put forward, but your solicitor can help you with this.

      What do I do now?

      Call or email us. There is absolutely no obligation to proceed and if you tell us what’s happened, we will briefly explain if we think you have a claim and the procedure for filing a claim and the time limits that apply.

      What if I only want advice now?

      That’s not a problem, just call or email and we will advise you if you have a claim and the time limits that apply. You don’t have to proceed but we do hope that if you do decide to proceed later, you will think about using our services. We believe we offer an unrivalled service and have righted many wrongs for our clients. We have countless recommendations, commendations and “thank you’s” from our clients.



      Dedicated Accident Solicitors, Accident – Asbestos Claims, accident claims solicitors.#Accident #claims #solicitors


      A Specialist Asbestos Firm Committed to a Personal Results Driven Approach

      We leave no stone unturned to make sure that we obtain the maximum amount of compensation for people who have unfortunately been involved in an accident or who have developed an asbestos-related condition. If you want to be represented by Solicitors who have the experience and knowledge to achieve the best possible outcome for you, then Dedicated Accident Solicitors are here to help. The asbestos experts.

      Learn More. Accident claims solicitors

      Julie’s Story is part of a campaign to raise awareness of asbestos-related diseases

      Asbestos Claims Journey

      Eddie Jowett was exposed to asbestos whilst working on new diesel cabs for British Rail and he was not warned of any dangers or provided with any protection from the asbestos he was regularly handling as part of his duties.

      Eddie’s Asbestos Compensation Claim Journey

      John was a pipe fitter for much of the 1950s and 1960s and it was through his work at major power stations in the north of the country that he was unfortunately exposed to asbestos.

      Asbestos Claims Journey

      Derek’s Story is part of a campaign to raise awareness of asbestos-related diseases

      Asbestos Claims Journey

      It’s been a big help in my life, and without that, I don’t know what I’d have done.

      What started out as fun trip motorbiking with a friend turned into tragedy for Anthony when the bike they were on was involved in a serious accident on the motorway.

      John was absolutely brilliant. He was on the phone the next day.

      When Ian’s mother started suffering from chest pains, the doctor treated her for pneumonia. A later scan, however, showed a shadow on her lung.

      John Das was thorough, conscientious, and explained the whole situation.

      During the course of her cancer treatment, Ken’s wife was prescribed an anti-sickness injection. However, the injection was given incorrectly and hit the sciatic nerve.

      Dedicated Accident Solicitors were kind, friendly, efficient.

      Rosie was unfortunate enough to have two accidents in two years. In both cases, she tripped in public places that should have been safe.

      Specialist representation in asbestosis and mesothelioma claims

      Our team is nationally recognised for their professional and sensitive handling of asbestos related claims, successfully achieving justice for those effected by asbestosis and mesothelioma through no fault of their own.

      Dedicated Accident Solicitors and Dedicated Asbestos Solicitors are trading names of John Das Limited, a company registered in England. John Das Limited is authorised and regulated by the Solicitors Regulation Authority (SRA number 573295). We do not accept service by email or fax.

      Accident claims solicitors



      Small Claims Court, Center Township of Marion County, how to file small claims court.#How #to #file #small #claims #court


      Center Township

      Small Claims Court

      ABOUT THE COURT

      Center Township Small Claims Court of Marion County, Indiana has the authority to hear cases within its jurisdiction. Citizens may file a small claims action without an attorney. Center Township Court provides an informal setting for individuals and businesses to resolve their legal disputes. If a party wishes to hire an attorney, please note that legal fees may not be recoverable unless there is a written agreement between the parties addressing legal fees.

      The procedures of Center Township Court are not complex and are designed to encourage speedy and reasonable results of legal disputes. Typically, judgments are issued the same day as evidence and testimony are presented to the court. Some judgments are taken under advisement for a decision to be issued within a sensible time period.

      The proper venue (or location) for a case filed in the small claims court shall be in the county:

      1. Where the transaction or occurrence took place.
      2. Where the obligation was incurred or is to be performed.
      3. Where a defendant resides or is employed at the time the complaint is filed.

      In manners involving landlord and tenant matters, the claim must be filed in the township where the real estate is located, unless there is no small claims court in that township.

      Time Limits for Filing a Claim

      Before filing your lawsuit, you must make sure that you are within the time period in which to file your action. Please note the following time limits:

      • 2 years personal Injury and damage to personal property
      • 4 years contract for the sale of goods (written or oral)
      • 6 years accounts as well as oral contracts other than the sell of goods; rents and other real estate, recovery of personal property and promissory.

      Judgment, Settlement, and Appeals

      The Judge will make a decision at the end of a hearing or take the matter under advisement for a reasonable amount of time. Settlement between the parties is strongly encouraged by the Court. The parties should reduce their agreement to writing; all parties must sign the agreement; and file the document with the court.

      Continuances, or postponement, of legal matters will only be granted if good cause for the continuance can be shown. Typically, no party shall be granted no more than one (1) continuance each case and (2) requires the approval of the Center Township court Judge. Unless advised by the Judge or court staff that the matter has been continued, parties should appear at all hearings or trials.

      If either party is not satisfied with the Court s judgment, an appeal of the judgment must be within sixty (60) days of the decision to the Marion County Superior Court. The party may contact the Center Township Court staff, or an attorney, about procedures for appealing a court judgment. Due to the strict rules for appeals, the party seeking an appeal should consult with an attorney as soon as possible.

      If the Defendant fails to appear at the time specified by the Notice of Claim, the court may enter a default Judgment against the defendant. If the Plaintiff fails to appear at the time specified, the court may dismiss the cause of action without prejudice.

      For more detailed information about Small Claims Courts in Indiana, you can visit

      Center Township Small Claims Litigants Booklet

      CENTER TOWNSHIP of MARION COUNTY

      SMALL CLAIMS COURT

      Julia M. Carson Government Center

      300 E. Fall Creek Parkway N. Drive, Suite 130

      Indianapolis, IN 46205

      Pho: (317) 920-4530

      Fax: (317) 920-4534

      How to file small claims court



      How to File Small Claims Court California, Small Claims Filing, how to file small claims court.#How #to #file #small #claims #court


      how to file small claims court

      Welcome to smallclaimsdepartment.com.

      How to file small claims court

      We’re so glad you found us. Smallclaimsdepartment.com now processes Small Claims cases in the Western United States . We started out Filing and Serving Small Claims cases in California in 1993. The success has now brought us into Washington , Oregon , Nevada , Arizona , Texas , Washington and New York .

      If you’ve found this site, there is somebody (or company) who owes you money. If you entrust us with your claim, we will aggressively, accurately and assertively process your case!

      The motto of smallclaimsdepartment.com has always been:

      We Prepare, File, Serve, File Proof of Services on your case. By the time we are finished, you are ready to go to court.

      Simply fill-out our online questionnaire, sit back and let us do the work.

      Your job: Go to court, win your case, and get back what is rightfully yours!

      How to file small claims court

      How to file small claims court

      How to file small claims court

      How to file small claims court

      How to file small claims court

      How to file small claims court

      How to file small claims court

      How to file small claims court

      How to file small claims court

      Your only responsibility in the small claims process is to

      show up at the hearing and win your case.

      How to file small claims courtHow to file small claims courtHow to file small claims court

      How to file small claims court

      How to file small claims court



      HOW TO FILE A SMALL CLAIMS CASE, how to file small claims court.#How #to #file #small #claims #court


      how to file small claims court

      How to file small claims court

      HOW TO FILE A SMALL CLAIMS CASE

      This message concerns filing a Small Claims case in the El Paso County Court. This information and the necessary forms may also be obtained from the Colorado Courts website at http://www.courts.state.co.us/chs/court/forms/smallclaims/smallclaims.html.

      A Small Claims packet containing the forms, instructions and information is available, free of charge, in our Self Help Center located in the Courthouse in Room S101. This office is open from 8:00 AM to 4:30 PM.

      The dollar amount that you may recover in Small Claims is limited to $7,500 dollars. You are required to file in the county where the defendant resides, works, has an office or is a student at an institution of higher education. If your claim exceeds $7,500.00 but is less than $15,000.00, you may file a County Court Civil action. This paperwork is also available in the Self Help Center for a small fee.

      The filing fee in Small Claims depends on the amount you wish to recover. Filing fees are as follows: $31.00 if you are suing for $ .01 to $500.00, and $55.00 if you are suing for $500.01 to $7,500.00.

      After filing your case with the Clerk of the Court and paying the filing fee, a Court date will be set, according to the law, at least thirty days away. You must then have the Complaint and Summons served on the defendant no later that 15 days before the Court date. You must arrange for service on the defendant in one of the following ways. You may contact the El Paso County Sheriff’s Office at 520-7100 to arrange service by a deputy sheriff. You may contact a private process server or you may have the summons and complaint served by a person over the age of 18 who is not an interested party to the case.

      We do not take requests by phone for the small claims packet, however you may send a written request and a legal size, self addressed envelope with 2 stamps affixed. Written requests should be mailed to:



      Small Claims, how to file small claims court.#How #to #file #small #claims #court


      Small Claims

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      How to file small claims court

      The small claims court is not a separate court, but a special session of the District Court, the Boston Municipal Court or the Housing Court.

      It is designed to provide a simple, informal and inexpensive option for resolving cases where the amount at issue is $7,000 or less.

      The information here is intended to assist you with handling small claims matters and understanding the small claims process.

      Small Claims Resources

      Multilingual Small Claims Forms

      Small Claims Forms are now available in Spanish, Portuguese, Vietnamese, Haitian Creole, Khmer, Russian, and Chinese (traditional)

      These forms have been provided to court users for reference only. Only the English forms will be accepted by the Court, and all English forms must be completed entirely in English. You have a right to an interpreter, free of charge, for all court events. If you require an interpreter, please let the court staff know.

      Small Claims in Massachusetts: What you need to know

      Frequently Asked Questions (FAQ’s) About Small Claims

      Chinese How to file small claims court | Haitian Creole How to file small claims court | Khmer How to file small claims court | Portuguese How to file small claims court | Russian How to file small claims court | Vietnamese How to file small claims court file size 8MB | Spanish How to file small claims court | English

      Instructions for Filing a Small Claims

      Chinese How to file small claims court | Haitian Creole How to file small claims court | Khmer How to file small claims court | Portuguese How to file small claims court | Russian How to file small claims court | Spanish How to file small claims court | Vietnamese How to file small claims court file size 5MB | English

      Statement of Small Claim and Notice of Trial

      Verification of Defendant’s Address

      Small Claims Counterclaim

      Financial Statement of Judgment Debtor

      Agreement for Judgment and Payment Order

      Defendant’s Claim of Appeal

      Chinese How to file small claims court | Haitian Creole How to file small claims court | Khmer How to file small claims court file size 4MB | Portuguese How to file small claims court | Russian How to file small claims court file size 3MB | Spanish How to file small claims court | Vietnamese How to file small claims court file size 3MB | English How to file small claims court

      Acknowledgment of Satisfaction of Judgment

      Acknowledgment of Satisfaction of Judgment in Counterclaim



      Here is what happens when a driver is excluded from an auto policy, named driver no claims.#Named #driver #no #claims


      ‘Excluded’ really means you’re excluded. No, seriously.

      Named driver no claims Named driver no claims Named driver no claims Named driver no claims

      No one likes to feel excluded, but if it’s a car insurance company that’s singling you out for an exclusion, you’d better listen.

      What is a ‘named driver exclusion’?

      Some insurance policies come with a named driver exclusion. It states that one or more individuals in your household may not operate the insured vehicle. If an excluded individual drives the car and gets into an accident, the insurance company doesn’t have to pay for the damage.

      Car insurance typically operates under a principle of “permissive use,” explains John Montevideo, past president of the Consumer Attorneys of California. If you loan your car to someone and he or she has an accident, that driver typically is covered as a permissive user under your policy.

      If the driver has been explicitly excluded on your policy, however, the concept of permissive use goes out the window, as do the insurer’s traditional responsibilities to defend and indemnify. Damage to your vehicle won’t be covered by the insurer, and both the policyholder and the driver can be held personally liable for any damages caused to others in the crash.

      Exclusions typically aren’t arbitrary. They’re meant to make sure that a high-risk driver in your household won’t get behind the wheel.

      “It could be somebody that perhaps has a suspended license, or a DUI, or a bad driving record,” says Penny Gusner, consumer analyst for Insure.com. “Excluding such drivers minimizes risk for the insurance company.”

      Exclude a driver and save

      It’s not always the insurance company that inserts exclusions into your policy. Sometimes policyholders request exclusions to lower their premiums.

      “Some exclusions are from insurance companies, or it could be you saying, ‘This person is not going to drive, and he’s pushing up my rates,'” says Gusner.

      She points out that California has a good-driver discount, which can save you big money with the best auto insurance companies. Drivers who qualify for the good-driver discount get rates at least 20 percent lower than those who do not qualify for the discount.

      A California law allows you to exclude drivers in your household who could cause you to lose that discount.

      “In many states the discount is substantial, which is the reason the insured might request for an exclusion to apply,” says Chris Wukovits, manager of AAA New York Insurance Services.

      Wukovits notes that not every state allows car insurance companies to write policies with such exclusions. They’re legal under the state laws of Arizona, California and Texas, he says, but are prohibited in New York.

      Some states allow exclusions but impose limitations on their use. For example, Gusner says North Carolina doesn’t allow you to exclude your spouse. Contact your state department of insurance or insurance agent to determine what is permitted if you want to exclude someone from your auto policy.

      No excuses

      If your policy has exclusions, your insurance company won’t accept any excuses for allowing excluded persons to drive.

      Perhaps no one would fault you for allowing your excluded spouse to drive you to the hospital if you were having a heart attack. However, if he or she got into accident on the way, the insurance company would be within its rights to refuse coverage. Excluded means excluded, period. There are no loopholes.

      The good news is that an exclusion isn’t forever, but you’ll have to contact your insurance company and ask for it to be removed. Keep in mind that the insurer is under no obligation to comply with your request.

      Once an exclusion is imposed, typically it remains in place until you and your insurance company mutually decide to take it off the policy, says Gusner. “Some drivers think it’s only until the end of the policy term, but that’s not usually the case.”

      If the exclusion has been prompted by a black mark on someone s driving record, such as a DUI, you’ll likely have to wait until the offense drops off their DMV record before you can have the exclusion removed from the insurance policy.

      There are steps that risky drivers can take to improve your driving record in order to reduce your insurance premiums.

      Don’t skip the fine print

      Typically, only high-risk drivers wind up excluded from policies. But that’s not always the case. Montevideo says he has seen a trend among small, low-cost insurers — which tend to offer monthly policies rather than six- or 12-month contracts — to simply exclude every member of a household other than the policyholder. These policies are sometimes referred to as “named-driver only” policies. It s a way to control claims costs.

      He says there are extreme cases where children too young to drive are excluded from policies. “They’re basically saying, ‘We’re going to exclude even the dog, if we can find his name.’ It’s overkill, really.”

      So even if you haven’t asked for a member of your household to be excluded, check with your insurance agent and read your policy carefully. The last thing you want is to find out too late that your child or spouse wasn’t supposed to be driving the car he or she just crashed.

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      Adding a named driver on car insurance, MoneySuperMarket, named driver no claims.#Named #driver #no #claims


      Adding a named driver on car insurance: all you need to know

      Named driver no claims

      by Kevin Pratt

      Consumer affairs expert

      Wednesday 12 Jul 2017

      Save money on your car insurance

      Originally published March 7th 2017

      If your friend asks to borrow your car for the day, or you want your daughter to be able to drive your car, you need to make sure that appropriate insurance is in place. Here we answer your questions on additional, named drivers.

      What is a named driver?

      A named driver is a someone who is insured to drive a vehicle in which another person does most of the driving. When driving that vehicle, the named driver will have the same level of cover as the main driver.

      Can I add another driver to my insurance policy?

      Yes. You can normally add one or more drivers to your existing car insurance. If it’s a new policy, you can simply provide the details when you take out the cover.

      What will the insurer need to know about the additional driver?

      The insurer will typically want to know the name, age, marital status, address and occupation of any additional drivers. Plus, you will have to give information about any accidents or motoring convictions.

      How much does it cost to add a driver to my policy?

      If you are adding a driver to your existing insurance, you might have to pay a fee to amend the policy, which could be about £30. The effect on the premium depends largely on the risk profile of the additional driver. If you are a parent and want to add a young driver to your policy, the price could be high because younger motorists are statistically riskier than older drivers. On the other hand, if you have just passed your test and want to add your mother or father to your insurance as a named driver, you could earn a discount on your premium.

      Is the additional driver different from the main driver?

      Yes – and you should not confuse the two. Some people put the additional driver down as the main driver in order to reduce the insurance premium (usually a parent claiming to be the main driver on one of their children’s policies). This is a practice known as ‘fronting’, which is illegal and could lead to a criminal conviction. It could also invalidate your insurance and make it more difficult and more expensive for you to buy cover in the future.

      What happens if the additional driver has an accident?

      If the additional driver causes an accident in your car and you have to make claim, it will affect your no claims discount, even if you were nowhere near the vehicle at the time.

      Can I add a driver onto my policy permanently?

      You can normally add a driver for the duration of your policy. Alternatively, many insurers allow you to add a driver temporarily. The temporary period is usually about 90 days, though it does not have to be taken all at once.

      Can my insurer refuse an additional driver?

      Some insurers automatically refuse to cover learner or young motorists as additional drivers. If the person has a poor driving history, they might also be turned down. Some insurers will charge a high amount as a way to deter you from adding a driver they don’t want to insure.

      Do I need to tell the driver that I have added their name to my policy?

      Yes. You cannot add a driver to your policy without their permission. So, always ask first. This is another defence against ‘fronting’.

      Should additional drivers inform their own insurers?

      If the additional driver has their own policy, they should tell their insurer that they are covered to drive another vehicle as an additional driver.

      Do I need to bother adding drivers to my policy if they already have their own insurance?

      Some insurance policies cover the main policyholder to drive another vehicle with that vehicle owner’s permission. However, it is not always the case, and any cover is likely to be third party only, even if the main policy is comprehensive. You should not therefore assume that adequate insurance is in place.

      Can I include additional drivers when I search for motor insurance quotes?

      MoneySuperMarket’s comparison service allows you to name up to three additional drivers when you are looking for the best deal on your motor insurance. So the price you are quoted will reflect the actual scope of the insurance you’re looking for.

      I’m a named driver on another car, can I drive it in other EU countries?

      If you’re a ‘named’ driver on someone else’s policy, you can drive abroad, although you’ll most likely only have third party cover, so you might want to pay for more protection. Remember the main driver must do the majority of the driving, so if you drive the car more than them (say you cover more miles during the trip), any claim you have to make could be challenged.

      Did you enjoy that? Why not share this article



      Paternity fraud rampant in U, named driver no claims.#Named #driver #no #claims


      Paternity fraud rampant in U.S.

      bilked of child support unjustly

      Named driver no claims

      WASHINGTON More than three years ago, a Maine district court judge ruled that Geoffrey Fisher no longer had to pay child support for a child that wasn t his.

      But that didn t stop the state from revoking Fisher s driver s license and coming after him for thousands of dollars it says he owes in back payments.

      Last year, Maine sent Fisher, 35, a letter seeking $11,450 in child support, even though officials know that DNA tests proved he isn t the father of the child in question.

      As the nation experiences an unprecedented increase in unwed motherhood, more men are finding themselves named as fathers, for purposes of child support, simply because of their ability to pay, say several recent studies.

      It s called paternity fraud, and one state that examined the problem found as many as 30 percent of those paying child support were, indeed, not the biological fathers of the children being supported.

      The most recent comprehensive study took place in New Hampshire under the auspices of the Commission on the Status of Men.

      The commission found that even men who later were able to prove they were paying support for the children of other men were sometimes still forced by courts and state agencies to continue.

      Paternity fraud is a growing concern for men and children everywhere, concluded the commission in a report completed in November. It can spawn considerable grief for the men who may or may not be emotionally attached to a child they later discover was fathered by another; and possibly unsettling for children who may discover the false nature of their paternity.

      The New Hampshire commission took note of the case of Geoffrey Fisher.

      Fisher had a brief relationship with a woman eight years ago and when she got pregnant and told him he was the father, he believed her. He began paying child support but eventually fell behind.

      In the summer of 2001, the Maine Department of Health and Human Services took him to court because of delinquent payments. The court ordered him to pay up, and the state had his license suspended under the deadbeat dad law.

      That fall the girl, then 3, was placed in foster care. When Fisher pushed for custody, the state ordered a paternity test, which proved he wasn t the father.

      At that point, one branch of the human services department told him he could no longer see the girl because he wasn t the father, while another said he owed $10,000 and couldn t have a driver s license because he was the father.

      Fisher thought the matter resolved when a judge ruled he no longer had to pay child support in January 2002.

      But then last spring, the Maine attorney general s office claimed Fisher still owed support payments for the time from the child s birth until she reached 3 years old, when tests proved Fisher was not the father.

      Paternity fraud is a growing problem for both men, who should have a higher level of confidence on the paternity of their children, and for the children who need a reliable history of both parents for the maintenance of their physical and emotional health, concluded the New Hampshire commission.

      Carnell Smith, a paternity fraud expert, says that 30 percent of the cases he sampled proved negative.

      Like New Hampshire, California has also established a commission to explore the problem, based on reports that 14 percent are being misnamed as fathers. A report is expected later this year.

      Florida is about to pass a new law that would end child support if a man proves he s not the father. Like most states, Florida currently requires that child support once legally established continue until the child s 18th birthday, regardless of who the real biological father is. Eleven states have changed similar laws since 1994.

      A new state law took effect in Colorado this year that permits men, for the first time, to challenge his paternity of alleged offspring at least during the proceedings of a divorce, separation or child-support action. However, once a final order is entered, the new law says, the man is barred from presenting evidence of non-paternity.

      But there is also a problem with the way some DNA tests are conducted and analyzed, say experts.

      For instance, one physician reported that two unrelated men one black, the other white both tested with a probability of paternity at 99 percent for the same child.

      Despite testing facility claims of a 99 percent accuracy rate, all men are at risk, whether it s through a wrong paternity judgment or paternity fraud, says Darrin Bush, developer of PaternityTestFlaw.com. There is a chance that a man can be determined to be the father of a child even if he never had relations with the mother. The deck appears to be stacked against men.

      If you would like to sound off on this issue, participate in today s WND Poll.



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      Online Cloud Backup, IDrive, small claims online.#Small #claims #online


      Welcome Crashplan Home users!

      IDrive For Businesses

      November 10, 2017

      With the advent of online information transmission and transactions, every business today is susceptible to data disaster. Be it an accident of spilling liquid over your PC/mobile or a case of malicious virus infecting your system, your business is always at risk. Thus, it is important to have data protection strategies, like online backup, in place to tackle unforeseen data damage events.

      IDrive offers an ideal data protection solution with its cloud backup service. You can backup all your business data in your IDrive cloud account and protect it with a private key encryption. Unlike traditional storage solutions like tape storage, IDrive cloud backup is cost-effective, scalable and reliable.

      IDrive offers military grade 256-bit AES encryption with an option for private key to protect your data. The private key is known only to you, ensuring that the data is not accessed by unauthorized users; even during transit your data is encrypted. IDrive online backup supports world-class physical data protection facilities like smoke detection, fire suppression systems, motion sensors, security breach alarms, video camera surveillance, 24/7 secured access etc.

      What else do you get with IDrive Cloud Backup?

      With an active internet connection you can access your data in your IDrive online backup account through your smartphone, laptop, desktop or tablet anytime anywhere.

      Modified files and folders are backed up at time intervals defined by you. With IDrive online backup, schedule the frequency and timings of backups for your connected devices as per your convenience.

      IDrive online backup assists your business to adhere and comply with the business standards like HIPAA, SOX, GLBA, SEC / NASD, by providing appropriate security measures, to avoid penalties against violating these norms.

      Hybrid feature is a perfect complement to cloud backup solution. You can locally store your important files to IDrive One – a storage device that combines the security of cloud backup and the convenience of local connectivity.

      That’s not all. Sign up for an IDrive online backup account to explore more features!

      IDrive Snapshots

      Best defense against ransomware

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      Historical view of your data to perform point-in-time recovery.

      The Dashboard

      Manage backups of all your remote computers

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      Push changes to backup sets, settings to all devices in near real time response.

      IDrive BMR

      Protect your business critical data

      Small claims online

      Onsite bare-metal disaster recovery with Snapshots and Virtualization.



      Andrew Penman – Mirror Online, small claims online.#Small #claims #online


      Andrew Penman

      Scam-busting journalist exposing crooks, conmen, fraudsters. Let me know if you’ve been ripped off. [email protected]

      Small claims online

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      Andrew Penman – Mirror Online, small claims online.#Small #claims #online


      Andrew Penman

      Scam-busting journalist exposing crooks, conmen, fraudsters. Let me know if you’ve been ripped off. [email protected]

      Small claims online

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      ECC Ireland issues advisory on consumer warranties and statutory rights – European Consumer Centre (ECC) Ireland, redress claims.#Redress #claims


      ECC Ireland issues advisory on consumer warranties and statutory rights

      Dublin, 19 th March 2015 – The European Consumer Centre in Ireland is issuing an advisory on warranties and statutory rights for consumers in Ireland. The advisory comes as a new report by the European Consumer Centres Network (ECC-Net) found that these terms can often be confused, leaving consumers unsure as to their rights in a given situation.

      Statutory rights are provided for by legislation (Irish law and EU law as transposed in Ireland). These act as a kind of “legal guarantee”, entitling consumers to seek redress where an item is faulty. Consumers may rely on their statutory rights regardless of whether an item has a warranty or not.

      • Under Irish law, consumers have up to six years to seek redress for faulty or defective items (both new and second-hand).
      • If the product is defective, the seller is generally responsible for providing redress.
      • If a fault arises within six months of purchase, it is presumed to have existed at the time of purchase. For this reason, the consumer should not have to provide proof of the defect.
      • If the fault arises more than six months after purchase, the seller may request that the consumer prove the fault did not arise as a result of misuse – for instance, by obtaining a report from an independent expert.
      • Where an item is faulty, the seller may first offer a repair or replacement item. If this is not possible or fails to correct the problem, a refund may then be provided. Remedies for faulty goods must be provided free of charge.

      Warranties, or guarantees as they may also be known, are provided by the seller or manufacturer of an item. These differ from statutory rights in that the terms are largely set by the seller or manufacturer itself. It is important to note that warranties exist in addition to consumers’ statutory rights but do not replace them. If, for instance, a particular fault with the product is not covered by a warranty, the consumer may still rely on his or her statutory rights to seek a remedy.

      • Information on the warranty should be provided in a written document or in a durable and accessible format. The exact duration, geographical coverage, and details of the party offering the warranty must be clearly specified.
      • The duration of warranties varies. They may cover a short period of a few months or extend for several years. In general, more expensive items tend to have longer warranty periods.
      • Warranties may be offered free of charge or against payment.
      • The party offering the warranty is responsible for applying it – this may be the seller, manufacturer, or a third party.
      • Warranties may not cover all aspects of the good. For example, a warranty on a tablet may cover defects or faults with the hardware (such as the battery or casing) but not necessarily problems with the software.

      If a fault develops in a product, consumers are advised to contact the seller first to report the issue. If there is a manufacturer or seller’s warranty on the product, read the warranty document carefully to see whether this particular fault is covered. If not, it may still be possible to rely on statutory rights to seek a remedy. If in doubt, contact our office for further advice.

      A new ECC-Net report on commercial warranties across Europe has found that information on warranties and consumers’ statutory rights is often unclear in product offers. The researchers studied 342 offers and surveyed 543 consumers in preparing the report, which examines the availability and application of warranties across Europe.

      Some of its key findings are

      • In 71% of offers studied, information on consumers’ statutory rights was deemed unsatisfactory.
      • 67% of offers did not adequately inform consumers on how to return a defective item to the seller.
      • Of those products which offered a warranty, 40% did not provide clear information on who was actually providing the warranty.
      • 32% of warranties checked were offered against payment.
      • Many sellers confused warranties with statutory rights, leading consumers to wrongly assume that only the warranty applied to their purchase and that they could not rely on their statutory rights in the event of a problem.

      As part of the report, ECC-Net has prepared a useful checklist for consumers with advice on what to look out for when considering a warranty. In general, consumers are advised to check its duration, geographical scope, and the procedure for making a complaint. It is also advisable to check what kind of faults are provided for and what costs are covered.

      The full report can be accessed here. A summary version is also available.

      For further advice and assistance, contact ECC Ireland on (01) 8797 620.

      For more information/media queries, please contact Grace Duffy on (01) 8797 641 or at [email protected].

      ECC Ireland can also be found on Twitter.



      Transportation Security Overview, Homeland Security, redress claims.#Redress #claims


      Transportation Security Overview

      The Transportation Security Administration (TSA) was created in the wake of 9/11 to strengthen the security of the nation’s transportation systems while ensuring the freedom of movement for people and commerce. Within a year, TSA assumed responsibility for security at the nation’s airports and deployed a federal workforce to screen all commercial airline passengers and baggage.

      TSA now vets 100 percent of all passengers into, out of, and within the United States through TSA’s Secure Flight program. We use the latest technology to stay ahead of evolving threats, and continuing our efforts to screen 100 percent of cargo, regardless of where or how it is moving.

      Improving Security Through Layered, Risk Based Approach

      TSA employs a layered, risk-based approach to secure U.S. transportation systems, working closely with stakeholders in aviation, rail, transit, highway, and pipeline sectors, as well as the partners in the law enforcement and intelligence community. The agency continuously sets the standard for excellence in transportation security through its people, processes, technologies and use of intelligence to drive operations.

      We use layers of security to ensure the security of the traveling public and the Nation’s transportation system. Because of their visibility to the public, we are most associated with the airport checkpoints that our Transportation Security Officers operate.

      These checkpoints, however, constitute only one security layer of the many in place to protect aviation. More security measures both visible and invisible to the public include:

      • Intelligence gathering and analysis
      • Checking passenger manifests against watch lists
      • Random canine team searches at airports
      • Federal air marshals
      • Federal flight deck officers

      Expediting Travel While Enhancing Security

      TSA is committed to evolving its systems to enhance the safety of the traveling public as well as individual passenger experiences whenever possible. Our new risk-based, intelligence-driven approach to aviation security is evolving from what may have seemed like a one-size-fits-all approach and is establishing TSA as a high performing counterterrorism agency.

      We are now focusing our resources on those we know least about, and using intelligence in better ways to inform the screening process. This risk-mitigation strategy makes both good business and security sense.

      TSA Pre✓™ is a new initiative based on this risk-based, intelligence-driven approach. TSA is working to enhance security and expedite the screening process for travelers we know and trust who are willing to voluntarily share information with TSA before they travel. When travelers opt into this program, they will qualify for expedited checkpoint screening at airports, significantly decreasing waiting time.