There are thousands of individuals and companies that, through e:mails or via internet web sites, offer to help you protect your assets from creditors, ex spouses and or taxing authorities. Many of these individuals and businesses help you protect your assets by having you take actions that can or will put you in violation of the Uniform Fraudulent Transfer Act. This could, in the long run, not only end up causing you to lose the assets that you were trying to protect but also cost you additional money in court costs, attorney’s fees or collection costs. Additionally, if you had a family member or friend help you, he or she could end up in court or having his or her credit harmed by having a judgment entered against him or her.

Many of these asset protection schemes involve transfering assets to someone you trust, a spouse, other family member, friend or a business that you form. As far as I can determin, if the creditor can prove that the transfer was done in order to avoid creditors, then under the Uniform Fraudulent Transfer Act the creditor has several remedies depending on the circumstances. These remedies can include causing a judgment to be entered against both you and the transferee, causing the property transfered to be attached or levied upon or causing a lein to be placed against the property. There are other remedies set by statute. The one thing that all of these remedies have in common is that you, the transferee or both of you could be held liable for the costs of obtaining and enforcing the remedy.

Note: Another thing to think about. Over the years I have been involved in numerous asset search and recovery matters where the person
that the bank account, collectibles, stocks, bonds, real estate or other assets were transfered to ended up closing out, selling or otherwise transfering or encumbering the assets, leaving the original owner with nothing. No matter how much you trust someone today you never know what the future will bring.

Other services offer to set up a revocable living trust. They state that the assets then will belong to the trust and be protected from your creditors. As any competent attorney will advise you, this theory is completely false. Since the assets placed in the trust are yours and since you control the trust then you and the trust are the same thing and a creditor can go after any assets placed in the trust. While a revocable living trust may not be a fraudulent transfer, neither is it a way to protect your assets from creditors.

I am not saying that all asset protection companies are worthless or might get you into trouble. I assume that there are some excellent and knowledgeable asset protection companies out there. I just would feel safer getting advice directly from an attorney.

The best way to find out if your assets can be protected and if protecting them is worth the cost is to seek the advice of an attorney who specializes is asset protection, debt collection, estate planning or, in certain cases, bankruptcy law. In some cases the attorney will provide a free or low cost consultation.

Note: I am not an attorney and none of the foregoing should be construed as legal advice. This article is written strictly as my opinion based on life experiences through both my personal life and my work as a private investigator dealing with attorneys in asset search and recovery matters. As in all matters of law you should always consult an attorney before taking on any legal endeavor.

Asset Protection And Fraudulent Transfer is a post from: Reference Education Center | FTP2009Istanbul.com

Clients must therefore understand that contracts for goods or services are different than contracts between married people, or between those who plan to be married. In New Jersey, the New Jersey Supreme Court in the case known as Lepis V. Lepis, created the quintessential loophole, enabling potentially endless modifications of family support provisions, regardless of whether they were ordered by the Court or stipulated to by the parties. The only requirement for this review is a significant and relevant change of circumstances.

Such contract-loosening changes are typically required to be unanticipated, substantial and non-temporary. The powder keg language of Lepis reads as follows: Contract principles have little place in the law of domestic relations. That being said, NJ divorce lawyers must pay close attention to five key points.

First, it is important to note that properly drawn prenuptial agreements are given the initial presumption of validity. By properly drawn we mean that the parties were independently represented by counsel, that there was no coercion or duress, that there was an appropriate level of financial disclosure, and that the agreement was essentially fair.

At the time of attempted enforcement by one party, the burden of proof for showing that the agreement is somehow unconscionable is borne by the party seeking to avoid enforcement. Otherwise, the prenuptial agreement should be enforced.

Second, a prenuptial agreement will not be considered to be unconscionable unless it can be shown that enforcement of the agreement will result in a standard of living for any party that is far below that which was enjoyed before the marriage.

Third, soon after the Supreme Courts finding in Lepis, clever New Jersey divorce attorneys came up with the idea of incorporating anti-Lepis clauses into their property settlement agreements. This sort of thinking can be applied to the drafting of a prenuptial agreement as well. Such clauses can prevent alimony liabilities, or can ostensibly limit them in the event of divorce. To add yet another level of complexity, the anti-Lepis clause itself can be the subject of a modification motion. As equivocal as this may sound, sometimes these clauses are enforceable, and sometimes they are not.

Fourth, if the objective is to attack an antenuptial agreement at the time of attempted enforcement, the New Jersey divorce lawyer is wise to read the case of Marchall v. Marchall. In Marchall, the Court stated that antenuptial agreements should be regarded as subject to modification by reason of changed circumstances in the same manner as property settlement agreements. This statement, however, was only in dictum, and does not fall into the category of binding precedent. Notably, Marchall was only a Trial Court decision, and therefore not binding on the courts of other counties, as an Appellate level or Supreme Court level decision would be. The Marchall decision was also decided four years prior to the adoption of the Uniform Premarital Agreement Act in 1988. Furthermore, the Marchall decision predated the Appellate level decision in Morris v. Morris, which case expressed the teter totter viewpoint that sometimes anti-Lepis clauses are enforceable and sometimes they are not.

Fifth, the case of Pacellii v. Pacelli must also be explored. In Pacelli, a mid-nuptial agreement was involved. This agreement was entered into between the parties some 11 years after their marriage and after having two children. The Appellate Division refused to enforce this agreement. The Appellate panel found that the agreement was unfair when it was entered into in 1986 and likewise unfair when enforcement was sought in 1994. The Court did not believe that such mid-nuptial agreements should be treated the same way antenuptial agreements are treated. The Appellate Division opined that the dynamics and pressures involved in a mid-marriage context are quantitatively different.

When a prenuptial agreement is executed under circumstances devoid of coercion or duress and where the requirements of the Uniform Premarital Agreement Act are met, Lepis should not apply, and the agreement should not be modified. The only exception would be under the unconscionability standard of the act. Ironically, that is exactly the same standard that was used for modification of New Jersey matrimonial agreements prior to Lepis, under Schiff v. Schiff. Apparently, sometimes the old ways are the best ways.

Are Prenuptial Agreements Affected by Changed Circumstances? is a post from: Reference Education Center | FTP2009Istanbul.com

The law makes driving after drinking or consuming any other substance that influences the senses unlawful. The phrase Under the Influence is much debated, especially since it cant be clearly defined and symptoms vary from person to person. The commonly accepted definition of under the influence refers to any person who is not fully conscious, tends to stumble, loses coordination or reacts slowly. The definition also includes the partial loss of visual sense.

The law also quantifies the unlawful limit of alcohol as being .08% of the weight of the person. So, you are unfit to drive if you have consumed more alcohol than .08% of your body weight.

A person is required to undergo a chemical test if he or she is arrested under DUI. The results of this chemical test are used as evidence in court. Therefore, the court will consider it as a final proof of your guilt and pass sentence accordingly if you are unable to prove the chemical test results incorrect.

There are virtually thousands of DUI cases tried every year. There are several attorneys who are specialists in DUI. Apart from chemical tests, several other factors also influence your trial, such as your previous record and the charges against you. Also, a good attorney can use technical expertise to pick holes in the prosecutions case and help you avoid penalties.

An Introduction To California DUI Laws is a post from: Reference Education Center | FTP2009Istanbul.com

You will go to trial, and need to get a good, reliable lawyer to represent you. There are many DUI lawyers who are not trustworthy. Some of them boast of a lot of experience but they have little to show for it. Improper representation can have the court coming down very hard on you, so you have to be careful when you pick your lawyer.

The first thing you must find out about your attorney is if he or she specializes in DUI. Lawyers tend to specialize in trying certain types of cases. If your lawyer takes on a wide variety of cases, both civil and criminal, then you are probably talking to a lawyer who does not specialize in DUI cases. If your lawyer represents only DUI offenders, he or she is likely to know the law very well. Go for someone who is a DUI only attorney. A good DUI attorney will also have access to technical experts, and have full knowledge of police procedures.

A good DUI lawyer will also settle the fees and expenditures in advance. When getting a contract down on paper, make sure you check if the fee covers charges for DMV hearings. Also, find out if the attorney is a member of the National College of DUI Defense. You can also get a rating on your prospective lawyer through the Martindale-Hubbell International Directory of Attorneys.

Conclusively, a good DUI lawyer is necessary if you are charged with a DUI offense. A specialist lawyer is important to your successful defense.

An Introduction To California DUI Attorneys is a post from: Reference Education Center | FTP2009Istanbul.com

According to the most recent data available, only 19% of all men surveyed said they felt safe walking at night alone around their neighborhood. In stark contrast, 47% of all women surveyed said they felt perfectly fine walking alone. Looking back at the earliest numbers available, which would be from 1973, illustrates that this response is normal. In 1973, only 20% of men surveyed felt safe walking alone at night verses an astounding 59% for women.

Among white individuals, an average of 30% feel safe walking at night in their neighborhoods. Contrast that to the 41% of black individuals that felt safe. Even though there is a slight disparity among races, the numbers still show that the majority of people dont feel safe at night. Historically, the numbers for white individuals who feel safe at night has always been 10-22% lower. The numbers only go back to 1973. One would think that the numbers might be different if the study was conducted in the 1950s and 1960s.

Education and age factors are similar. No matter what the education or age difference, the fear level is about the same. For instance, regardless of the education level obtained, roughly 68% of those with some schooling were afraid to walk at night around their neighborhood. Those individuals that were 21-49 showed the most fear. 71% of those surveyed in this group were afraid. The least afraid group was 18-20 year-old individuals. However, 59% of this group was still afraid of walking at night.

As far as professions go, those in the Clerical/Support field were less likely to be afraid at night. Just over half, 54%, stated that they were afraid to walk alone at night in around their neighborhood. Those in the Manual/Service field were most likely to be afraid74%. As you can see, fear of walking alone at night in ones own proverbial backyard is a frightening event for most Americans. Theres little doubt that the media and their constant barrage of criminal sensationalism has something to do with this. However, historical data proves that its a condition that has existed for some time and shows no sign of vanishing anytime soon.

Americans Fear Crime is a post from: Reference Education Center | FTP2009Istanbul.com

The current interest in the Mann Act has been sparked by New York’s Governor Eliot Spitzer. Prosecutors are considering charging Governor Spitzer of violating the law. Although, Governor Spitzer is the most current celebrity to be linked to the Mann Act he is not the only one. African American boxer Jack Johnson, film star Charlie Chaplin, and musician Chuck Berry have all been prosecuted under the Mann Act. Jack Johnson received the maximum sentence of one year and one day. Mr. Johnson’s conviction has been speculated to be a racist act, because the woman he was transporting was his white girlfriend. Charlie Chaplin was charged, but not found guilty. Chuck Berry served five years for a variety of different charges as well as the Mann Act. In Mr. Berry’s case it was a young Apache girl that he contracted to work at his club as a hat check girl who was later convicted with prostitution.

The Mann Act’s first amendment occurred in 1978 when it included in the transportation of minors for both male and female sexes. In 1986 the protection of minors was furthered as well as replacing out dated terminology. The 1986 amendment replaced “debauchery” and “any other immoral purpose” for “any sexual activity for which any person can be charged with a criminal offense.”

The Mann Act has acted as a tool for social stigma being the case with Johnson and Chaplin. It is understandable that federal prosecutors would want to charge Spitzer with the Mann Act for degrading his reputable position. If he is found guilty under some nuance of the Mann Act it would definitely be federal prosecutors making an example of him. For the governor of such a big state to be involved with any illegal activity is unacceptable.

The Mann Act has been used as a slap on the hand in the past, but it shouldn’t be abused to shame people. Spitzer is stepping down from office and has to work through the damages his decisions are going to take on his marriage. He will be put on trial and convicted for soliciting prostitution. There is no need for public flogging anymore, so there shouldn’t be a pressure to charge him of the Mann Act. Society has evolved beyond the point of cruelty and shame as a form of punishment. The man is ashamed enough of what he has done, so why should there be a need to reproach him any further on the matter.

Amending Old Laws to Punish New Governors is a post from: Reference Education Center | FTP2009Istanbul.com

Of all the purchase transactions you can do in your life, nothing would be more sensitive and would need attention to detail as that of purchasing or selling a house. Each step of the transaction should be fully documented and if there are revisions that need to be made, these should be recorded as well. Buyers and sellers can opt to prepare the documentation themselves but, due to the number of changes a single transaction can have, being able to catch up with all the revisions may be difficult for the average consumer; and for this reason, ready made real estate forms were produced.

Ready made real estate forms can be obtained from the offices of real estate agents or downloaded from various real estate websites. These real estate forms cover all the possible real estate transactions an individual may encounter: from renting to purchasing or selling properties. There are generic real estate forms that can be used by anybody irregardless of their place of residence; and there are also state specific real estate forms that conform to the legal requirements of a particular state. There are also real estate forms that cover disclosure laws (particularly for lead-based paint).

Real estate forms can be purchased individually as the user sees fit; or a complete set can be bought. Purchase of individual real estate forms is ideal for those who are involved in short-term real estate transactions, such as having a property leased out. Those who will be embroiled in a real estate deal that may require constant revisions and changes, and for a significant period of time; such as selling homes, are better off purchasing the complete set.

Buyers of ready made real estate forms can be assured of the accuracy of the forms format, their legality and their contents. The manufacturers of ready made real estate forms spent much time and energy verifying that their documents will be honoured by any legal entity. These real estate forms are generally up-to-date but it would help if you checked law offices or real estate agents for the latest updates, although since real estate laws and regulations are not revised often, real estate forms generally stay the same for long periods of time.

Through the development of ready made real estate forms, the process of conducting real estate transactions has become much easier. Ordinary laymen now have the option of doing everything themselves and forego the services of realtors.

All The Forms You Need is a post from: Reference Education Center | FTP2009Istanbul.com

Doing Business – Jurisdiction

Jurisdiction is a legal term used to define who has authority over something. Applied to this article, the term refers to the issue of which state has the right to regulate a business. In California, the issue boils down to whether you are considered to be doing business in the state.

California is the one of the most aggressive states when it comes to defining jurisdiction. If you maintain offices or have employees in the state, you are considered to be doing business here. You must register with the state and pay taxes even if incorporated in another state. This tends to makes incorporating in Nevada an expensive option since you have to pay fees twice.

If you are caught doing business in California without having registered, you can be in for a rough time. Initially, back taxes and fees come due. You are also going to be fined and probably suspended from doing business until an audit can occur. The California Employment Development Department may levy back taxes and penalties. Your bank accounts may be frozen. Lets look at an example.

The California Franchise Tax Board tends to look at the facts surrounding a particular situation. Assume I own a Nevada entity for the purpose of building web sites. I receive e-mail, snail mail and work out of my house in San Diego. The tax agency is going to take the position that I am doing business in California. My office is here. I take calls here. I do the work here. This scenario is going to be very difficult to defend. Playing out the scenario, I will probably end up going out of business due to disruptions, stress and the resulting financial burden.

So, can you use Nevada business entities if you are in California? Absolutely. Typically, you need to use a double incorporation strategy. Essentially, one entity is in Nevada and another in California. One entity provides services to the other through a fair value contract, to wit, you cant charge $1 an hour for services rendered. The Nevada entity has to have a business license, office, customary payables such as rent and the typical items you find with any business. This strategy is typically used to hold non-tangible business assets such as intellectual property or patent rights.

California has a brutal business climate. The Governator has promised relief, but an actor making promises is, well, an actor making promises. Using Nevada entities can provide relief to your business as long as they are used correctly.

California Businesses Incorporating In Nevada is a post from: Reference Education Center | FTP2009Istanbul.com

California Filing Times

The California Secretary of State can be very slow when it comes to approving new business entities. Once you file the entity, you can sit around tapping your fingers for as long as two months. After two months, you may not even remember why you filed the darn thing! Can you avoid this time and momentum killer? YES!

The California Secretary of State offers rush filing options for forming business entities. The first is a 24 hour rush that ads $500 to the filing process, an expense that should really only be undertaken if you are desperate. The second option runs a whopping $15 and has a turn around time of 7 to 10 business days. Ah, so this is the way to do it, right? Nah, that would be far too easy!

For rush filings, the Secretary of State requires all filings to be made in person. If you are not located in Sacramento, this can cause a major problem. So, what do you do?

If you are creating a corporation, you can file the articles of incorporation at a branch office of the Secretary of State. Most major cities have a branch, but you can pop on to the web site for the Secretary of State and find your local branch.

If you are forming an LLC, California makes things difficult. For no logical reason, the Secretary of State doesnt allow LLC filings to be made at branch offices. This policy makes absolutely no sense, but what are you going to do? You are going to beat the state at its own game.

Rush LLC filings must be personally filed in the Sacramento office of the Secretary of State. The policy doesnt say WHO must personally file it. Using this loophole, you can hire an attorney delivery service in Sacramento to file and pick up the Articles of Organization for your LLC. You simply send them the articles as well as the filing and rush filing fees. You can expect to pay the attorney service an additional $50 to $75 for the service.

California is one of the worst states to do business in. The Secretary of State does everything possible to make filings a pain in the With this information, you can turn the tables and beat them at their own game.

California Business Entities How Long Does It Take To Get Approved? is a post from: Reference Education Center | FTP2009Istanbul.com

While this is not important maybe when searching for information on a rock band or trying to look up when a movie is playing locally, but when that information is medical or legal you need to be sure that what youre reading is in fact valid.

Lets say for the sake of discussion you are in need of a bylaw legal form. What would you do? Unless you have a law degree you cant just simply sit down and type one out. But do you really want the expense of hiring an attorney to fill out a simple document like a bylaw form?

The legal arena is a tangled web in itself. There are so many laws and regulations covering all aspects of society. But thanks to the Internet simple procedures which were once only in the realm of attorneys only can now be taken care of much easier and less expensive by you with little to no legal training at all.

The easiest and best examples of this are simple legal forms which are now available all over the Internet. Where before these almost secret documents were closely held by lawyers, one can now surf the web and download and print legal forms printing them out and saving literally hundred to thousands of dollars.

Take the bylaw form for example. This simple form can now be looked up and downloaded from many online legal advice sites and then filled out with all your personal information. Then simply print it out and take it to get notarized and you have a legal document which will be upheld in any court in the land.

Before getting a simple bylaw form filled out and official by a lawyer could easily cost hundred if not thousands of dollars depending on intricacies and details. Now with a simple download you can fill out your bylaw form and be on your way.

Bylaws are just one example of the legal forms available on the Internet but the reason bylaws is such a perfect example is that what you are doing yourself by downloading the form your self is exactly what a lawyer would do. He simply would tell his secretary or paralegal to fill out the form and then he would sign it handing it over.

Of course you will pay for an hour or more of the lawyers time when all that happened was what you can do yourself. So the next time you need a bylaw form just find and fill it out yourself. Bylaw forms and more are all available right on the Internet. Your brand new legal advisor.

Bylaw Legal Form – The Internet Solution is a post from: Reference Education Center | FTP2009Istanbul.com