Can They Garnish My Wages?

Recently, I've had several calls to my office about Garnishment of Wages, so perhaps a short article is in order. Wage Garnishment is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt. The key to the preceding statement is the term "court order". A garnishment of wages cannot occur without a judge agreeing to the garnishment. This means that some type of court action must occur. The creditor cannot merely attach or garnish your account without due process of law.

In Pennsylvania, where I practice law, a Garnishment of Wages can occur only under limited circumstances. The most prevalent circumstance is for an obligation of child or spousal support. Garnishment is usually very easy to procure under those types of matters. Other circumstances where garnishment of wages can occur include repayment of PHEAA student loans, room and board for four weeks or less and obligations relating to a final divorce distribution. In PA, these are just about the only instances when your wages can be garnished while they are in the hands of your employer.

Many of the inquiries that I receive at my office are regarding credit card collections and garnishment of wages. Except under very limited or special circumstances, in Pennsylvania, an ordinary creditor cannot garnish your wages on a Pennsylvania case. This does not mean that the money that you earn cannot ever be garnished. There is a distinction here that must be made. Once the money is earned and deposited into your bank account, the monies are no longer wages. Those funds become part of the corpus of your bank account and are subject to garnishment. If a creditor is privy to your banking information AND if they have obtained a judgment against you, they will be able to garnish the funds in your bank account, even if those funds were at one time wages. This type of "regular" garnishment does not require a court order, but instead requires the creditor to obtain a judgment against you in a court of law. After a judgment is obtained, a creditor can commence garnishment proceedings by applying for a Writ of Execution. The Writ of Execution is delivered to your bank and your accounts are then frozen.

Long-Term Care Planning and Insurance - The Impact on Baby Boomers

According to the Council of Life Insurers Research findings, between 1946 and 1964, about 76 million children -the baby boom generation-were born in the United States. The baby boomers grew up during one of the longest periods of sustained economic growth in U.S. history and have enjoyed a considerably higher standard of living than any previous generation. The boomers represent a disproportionately large segment of the population (roughly 28 percent) and will soon swell the ranks of the elderly as they reach retirement.

By 2030, when the youngest boomers reach retirement age, the elderly population will be nearly double what it is today. By 2050, when the youngest surviving boomers turn 85, the population of the very old (those 85 and over) will have grown by more than 300 percent.

Baby boomers who do not plan for long-term care will face poor choices. While long-term care insurance is becoming more popular, the majority of boomers who can afford to purchase a policy have not yet done so. According to a survey from America's Health Insurance Plans (AHIP), 30 percent of Baby Boomers think they have long-term care coverage.

The oldest boomers will turn 65 this year, 2010 and the youngest by 2030. By 2050, the youngest surviving boomers will be 85, roughly the age at which long-term care is most needed. The advances in medical care and greater prosperity today is resulting in increased life expectancy among the elderly. The increase in life expectancy increases the need for long-term care in our society. The problem with increased longevity is the fact that it is increasing at a faster rate than the improvement in the quality of health. This will result in seniors living longer in the future, but may also need long-term care for a longer period of time.

The baby boomers bring mass quantities of people into this pool of seniors who will need care in the future. If the Baby Boomers do not do the planning now, what will happen? Do you think the government will be in a better place financially to handle this growth? The drain on the government will be staggering. Today, Medicaid pays approximately 43% of costs for seniors in nursing home facilities. How will the government be able to keep up? Fewer workers will be in the workforce contributing (your tax dollars) and more will be taking out of the system through Medicare and Medicaid.

Informal home-based care is less viable for baby boomers than it was for their parents. Several changes in how we live today limit the ways we can provide informal care to our families. Some of the demographic changes that are likely to lead to fewer options for informal home care include:

o Declining family size

o Increase in job-related mobility

o Greater work force participation

o Increase in divorce rates

o An increase in people choosing to remain single

Long-Term care planning is a key component to effective retirement planning. It can greatly ease the financial burden of disability in old age. Baby boomers need to realize the possibility of needing some type of care in the future and plan ahead for this possibility as well as recognizing that long-term care insurance is more affordable if purchased earlier than later. Be realistic when planning for your retirement. Don't be in denial that "this won't happen to me." Don't underestimate your life expectancy. Don't assume the government or your family will take care of you.'

In conclusion and as a "baby boomer" myself, this topic deserves a close and serious look. It is good to learn what your options are so that if an unexpected illness comes along (that could wipe out your retirement), you will be prepared with a good plan that enables you to have good choices in regards to your long-term care and not put a burden on your family.

For an unbiased opinion, seek the counsel of an independent long-term care specialist.

DUI Car Accidents in Pennsylvania and Punitive Damages For DUI Accidents

DUI accidents are unfortunately common. People who chose to get behind the wheel of a car when under the influence can turn a car into a deadly weapon. Oftentimes, the accidents are quite severe and the injuries even worse. Many times, the types of losses are staggering. From medical expenses and property damage, to lost wages and pain and suffering, oftentimes the minimal liability policies are not enough. Punitive damages are a potential, additional avenue of recovery for victims of DUI car accidents. They can be particularly useful at settlement.

Under Pennsylvania law, these special damages are designed to punish people for intentional, willful, wanton or reckless conduct. The standard under Pennsylvania Law for awarding punitive damages is also well established. Recently, the Pennsylvania Superior Court reiterated the standard as follows:

Assessment of such damages are proper when a person's actions are of such an outrageous nature as to demonstrate intentional, willful, wanton or reckless conduct, and are awarded to punish that person for such conduct. In other words, punitive damages are awarded only for outrageous conduct, that is, for acts done with a bad motive or with a reckless indifference to the interests of others.
Vance v. 46 And 2, Inc., 920 A.2d 202 (Pa Super. 2007).

In these kinds of cases, many times, defendants attempt to dismiss these special damages claims by way of preliminary motions. They may file preliminary objections arguing that there are no grounds to allow a claim for punitive damages. However, many Pennsylvania courts have upheld punitive damages claims in motor vehicle cases involving a defendant who was driving under the influence. The reasoning is that getting in the driver's seat when impaired is reckless conduct that shows a blatant disregard for others on the road. Reckless and outrageous conduct is sufficient to give rise to an award of punitive damages. A defendant's conduct is particularly outrageous especially with second or third time DUI offenders.

Julia Lee has represented victims of DUI car accidents. For more information, go to http://www.thepanjinjurylawyers.com/practice_areas/new-jersey-car-accident-attorney-pennsylvania-truck-wreck-lawyer.cfm

The Possessor - Dominator

He brings you candy and flowers and wants to spend all of his time with you. You find him flattering when he becomes upset when you go out with friends and family without him. He wants constant reassuring that your devotion is to him and nobody else. He begins to monitor your phone calls, emails, and spies on you when you are out with friends. He begins to express anger when you divert your attention to someone other than him. He starts to set rules and act in ways that limit your contact with others.

The possessor/dominator personality is similar to the charmer/attacker in that each demonstrates the ability to love and respect in the initial stages of the relationship. In fact, each makes a concerted effort to find out all about the values and opinions of the other person and demonstrates very romantic acts of love in the initial stage of the relationship. Where they differ is the level of intensity that is put into a relationship. The possessor/dominator wants their significant other to be their quick fix or addictive substance. This is not to say that the charmer/attacker does not show this quality; however, this usually does not surface until he is on the verge of losing the relationship. The possessor/dominator also shows less confidence and tends to blend in or isolate from others.

The possessor/dominator came from a similar childhood environment as the charmer/attacker. He was not validated as a child and suffered emotional, physical, and/or sexual abuse. He, like the charmer/attacker, may have turned to illicit drugs and alcohol to manage his extreme feelings of hurt, sadness, and emptiness. He found solace in his fantasies of what a relationship should be. He identified with moral relative themes of love and romance through books and movies. His insecurities and low self-esteem contributed to his tendency to hold on tightly to anyone that validated his thoughts, feelings and behavior. This person usually identifies with persons and age groups that make him feel accepted and appreciated. He will experience strong feelings for a person that shows him attention and makes him feel secure and safe.

The possessor/dominator sees people as possessions and security. He does not want to spend time away from a person that he finds comforting and reassuring. He freely demonstrates acts of love, but shows little to no respect for his relationship partner. He only wants to hear opinions and values that match his agenda for having total dominance of the person's time and affection. The possessor/dominator will attempt to manipulate and dominate by providing gifts and intense affection. He will expect that the intensity is reciprocated and begin to place restrictions on the partner's behavior and activities in attempts to force their reciprocation. When his relationship partner apposes him, he may become verbally, physically, and even sexually assaultive. He will make attempts to regain the affection of his relationship partner but will continue to revert to forceful tactics to control and dominate his partner. His acts can become more violent as he loses control of the relationship.

For the possessor/dominator to move to a healthier state, he must develop his ability to respect the thoughts, feelings, and unique qualities of his relationship partner. He will need to let go of his strong hold on his partner's activities and behavior. In order to be able to do this, he must begin to address his own insecurities and fears. For the possessor/dominator, he finds little to no comfort in social situations. He lacks many of the social interaction skills that are developed in the early developmental stages of life. This keeps him very self-centered and egocentric. He needs to be able to look rationally at his own life and ways he was hurt through his childhood. By developing an understanding on how he was dominated and hurt, he can begin to see objectively how he has carried on similar patterns of behavior. By using the criteria of love, respect, and honesty to his past and present behaviors, he can start to evaluate and recognize the hurt he and others have caused.

The possessor/dominator should refrain from intimacy until he develops an understanding of his behavior and engages in behavior and activities to increase his self-worth. The biggest misconception that he possesses in his belief that others will bring about an increase in his esteem. As mentioned throughout this book, a person becomes more irrational as he expects others to show acts of love and respect prior to reciprocating. This places conditions from the start on the relationship. This also reinforces the insecurities and fears of the person as he waits for love and respect to come knocking at their door. The possessor/dominator needs to demonstrate acts of love and respect without having the expectation of reciprocation. He also needs to perform these positive virtues without attempts to develop an intimate relationship. He also needs to understand what events, behaviors, and messages trigger his need to possess and dominate. He must allow others to have choices in how they want to live their life without taking this as a personal assault on him. He will need to develop the social skills of cooperation, active listening, validation, and acceptance.

If the possessor/dominator is attracted to young children, he must enact safeguards to prevent any form of sexual activity. This may mean that he will never go alone to any activity or event that involves children. He may need to ensure that a trusted adult accompany him to places in a community. Most of all, he must be honest about his attraction to children. Many pedophiles continue to spend a majority of their time with children and engage in children activities. They give into their urges and fantasies about children and justify their sexual activity as acts of love. Since their actions of dominance and manipulation result in sexual acts that do not involve physical threats or force, pedophiles justify their acts as love. As mentioned, there are scholars that endorse pedophilia as positive and beneficial to children.

The possessor/dominator must develop his ability to be honest with himself. If he contends to not performing a wrongful act, why does he keep his actions secret? If he knows that there are laws against his actions, he must begin to demonstrate respect for societal laws for social conduct. He, like the charmer/attacker must start to evaluate the consequences of his behavior. If self-preservation stops him from hurting others, he will at least have a starting point to making changes to a healthier state.

Understanding the North Carolina Lemon Law, a Lemon Law Attorney's Perspective

The North Carolina Lemon Law applies to new cars that suffer a nonconformity; a defect or condition, which substantially impairs the use or value of the vehicle; that cannot be repaired after four (4) attempts by an authorized manufacturer's dealership. This nonconformity must first occur within the first 24 months or 24,000 miles, whichever comes first. However, you may still file a claim after the vehicle reaches 24,000 miles as long as you are within the applicable statute of limitations. The North Carolina Lemon Law also applies to new vehicles that are in the shop for repair twenty (20) or more cumulative business days during any 12-month period of the manufacturer's warranty.

The NC Lemon Law only applies to vehicles that were purchased or leased new in the State of North Carolina. However, if you have a used vehicle that is giving you problems that can't be repaired under a manufacturer's warranty after a reasonable number of attempts, there are other laws that may apply.

If you meet the criteria for the NC Lemon Law, the law says that the manufacturer must accept return of the vehicle and give you a new one, or give you your money back (less an amount based on the mileage of the vehicle at a certain point in time.) The Lemon Law also provides that the manufacturer must pay your attorney's fees if you prevail, and the manufacturer has failed or refused to comply with the Lemon Law.

In the last several years, our office has noticed a trend that has emerged in the way that automobile manufacturers and their authorized dealerships deal with "customers" with problem vehicles. Remember, the dealerships are the auto manufacturer's "front line" of defense in Lemon Law Claims. The dealership personnel are trained and educated on the requirements of the lemon laws. There are many tricks and traps that are employed to deny you your rights under the law. As the consumer, you need to protect yourself and your rights well before a claim arises.

The Lemon Law can be confusing and is open to numerous interpretations. If you don't understand how it works, you will most likely allow the auto manufacturers to take advantage of you. Our experience is that the auto manufacturers will minimize your problems and try to discourage you from pursuing your claim. Without the assistance of an attorney, you will most likely experience frustration and give up many of your rights.

Here are a few tips:

Always obtain and keep copies of the repair orders before and after each repair attempt.
Make sure the repair documentation is accurate, including dates the vehicle was dropped off and picked up for the repair, and the mileage on the vehicle at these times.
Make sure that the repair orders accurately describe your vehicle's issues before you leave the vehicle for repair.
If the dealership says that they "cannot duplicate" your complaint (a red flag), make sure that you request a test drive with the service manager or shop foreman, so that you may demonstrate the problems that you are having with your vehicle, in order to assure that your issues are addressed, and not "blown off".
If you feel that they are not repairing your vehicle in a timely fashion, or they are trying to ignore the issues that you are having with your vehicle, don't try to negotiate with the dealership or the manufacturer on your own - contact a Lemon Law Attorney and ask for help.
Make sure to keep up with your vehicle's recommended maintenance as outlined in your owner's manual. If you don't, the manufacturer will deny your claim.

If you are driving a defective vehicle and you think it might be a lemon, contact our office directly, or fill out our online "Lemon Law" claim form, to speak to an attorney right away. If you have a valid lemon law claim, the services of Soboleski Law, PC are at absolutely no cost to you.

All You Need to Know About Insurance Companies

What is short term insurance and what are the benefits thereof? Well it is simple, really. Short term insurance is coverage for your personal belongings such as your car, house and the contents of your home. We work so hard nowadays to buy the few belongings we have and forego enormous expenses when furnishing our homes and buying vehicles, we simply cannot afford to lose these things due to house break ins, car thefts and accidents, as we know these things can so easily occur. Insuring your personal assets gives you peace of mind in knowing that were these things ever to happen, you can replace back what you have lost. Insurance companies abound nowadays, and can offer great coverage packages that will suit your individual needs. How do you find the right insurance company that will cater for your needs? The best place to look for insurance companies these days is online. Due to the convenience of the internet one can search and compare prices from the comfort of your own office or home. Many people are not familiar with the meaning of short term insurance and the benefits it can hold for them. Short term insurance is coverage for houses, cars and personal belongings and ensures that you do not lose what you worked so hard and paid so much for. Thefts and accidents can happen quickly and that is why insurance companies have been popping up all over. Searching for the right insurance company has become much easier and convenient, and can be done online in your own home. Having short term insurance gives people the peace of mind and sound knowledge in knowing that should anything happen to their assets, they will be able to replace them.

Knowing what to look for in an insurance company is important, and can help to ensure that you choose the right insurance company for your specific needs. Before obtaining quotes from different insurance companies ensure that you have an updated list of the assets you would like to insure. It is always wise to get an evaluator to evaluate the value of your household contents and your home as well, along with the value of your vehicle or vehicles. Insurance companies will usually send someone out to evaluate your house and household contents but with your cars all they will want to know is your age, sex and location ( where the car will spend most of its time), security (lock up garage, walling, alarms etc.), and also when you received your license. If you are male under the age of 25 and have only have your licence for a short while, your insurance premium is likely to be higher than that of a female counterpart. This is due to the fact that you are considered a higher risk client. When starting your search for an insurance company it is advisable to know exactly what you are searching for and planning to cover, making a list of your assets and evaluating your property and assets. This will help you to make a more informed decision when choosing the right insurance company. For most insurance companies, your age, sex and location and how long you have had your licence are the most important criteria that help them determine your monthly insurance premium when insuring your motor vehicle. When insuring your home and its contents insurance companies usually send an assessor to determine its value.

Due to the large number of insurance companies today one has to make sure you research an insurance company thoroughly. Things to look for are the company's credibility, customer service record and also one of the most important factors, their claim turnaround time. In other words how long does it take the insurance company to process your claim and pay your money into your account, and also important would be the monthly premium you'll be expected to pay. The best way to find this information out is from members of your family or co-workers and friends. This way you can get an honest opinion on what you can expect of the chosen insurance company.

Unfortunately there are a number of insurance companies that have hidden clauses that they conveniently omit when explaining their terms and conditions of cover. It remains the responsibility of the consumer to make sure he or she go over the contract thoroughly and read the fine print. Not every insurance company is honest. Some insert hidden clauses into the contract which you may be unaware of. Ensure that you read the fine print in the contract and if you are still uncertain, have an experienced attorney or even a family member go over the contract too.

Why Would I Need A Long Term Care Insurance When I Have My Disability Insurance?

Quite often, people have a tendency to get confused about this subject. When people are asked how they plan to protect their assets and income in case of a long term care situation, almost every time answer is the same; "Well I have a disability insurance..."

Confusion starts with the definition of Disability Insurance where people get Short Term Disability and Long Term Disability confused with Long Term Care. There is a distinct difference between the two insurance plans and in order to have a better understanding of the difference, we need to know what each insurance vehicle offers as protection.

We'll start explaining what Disability Insurance offers without going into too much detail as in Long Term or Short Term Disability: In a nut shell, Disability insurance provides a portion of your income for a certain period of time when you are disabled while you are employed. What this means is when you get disabled, you may receive up to 40, 60 or maybe 80 percent of your total income for a specific period of time. Further more, this also means two things:

(1) You are not going to receive any supplemental income for the cost of your care through your disability insurance; all you are going to receive is the portion of your income.
(2) You will receive a portion of your income for a specific period of time. When this period is over, your income from your disability insurance will seize.

So you can actually see that the benefits of Disability Insurance are very specific and limited. Nevertheless this simply doesn't mean that Disability Insurance is not a valuable protection plan. When you learn the benefits of Long Term Care Insurance, you should be able to understand that the two protection plans take separate and important precedence in our lives.

Before we get into the benefits of Long Term Care Insurance, we need to clear out one misconception about this insurance plan; Long Term Care Insurance is not necessarily some insurance plan that you purchase to get care when you are older, and it is not particularly a nursing home care either. People get into Long Term Care situation in younger ages too and Long Term Care Insurance is a great protection plan that provides many valuable benefits.

Among many of these benefits, of course the most important one is to provide funds for your care when you are unable to do some of your daily activities. This is actually the main difference between this plan and the Disability Insurance; Long Term Care Insurance does not provide income or any portion of your income, it actually pays for the cost of your care up to certain amount which is determined within your policy. In other words, Disability Insurance provides you a portion of your income where Long Term Care Insurance actually pays for the cost of your care. Now you can see the importance and the complimentary nature of the two insurance plans; while you are receiving a portion of your income through your Disability Insurance - which is always less than your regular income, you will also have your Long Term Care Insurance paying for the cost of the care that you are receiving.

Considering the present high cost of care, and having to pay for it with a limited income may become an enormous financial burden. This is one of the most important reasons why these two insurance plans exist. It is also as important and highly recommended that you should consult an insurance professional who can coordinate and design these policies according to your specific personal needs for your full protection.

Remember, you must protect the most important asset in your life: Your Earning Power!