Paying Judgments By ACH

Some judgment enforcers make a good living by using payment plans with their judgment debtors. What if your debtor wants to pay using ACH (Automated Clearing House) payments? What if they want to pay using check drafts, or with standard monthly invoicing and debtor-written checks?

One of many judgment articles: I am not a lawyer, and this article is my opinion based on my experience, please consult with a lawyer if you need legal advice.

What matters most is that you get paid, and ACH can be a valid way to be paid. If your debtor wants to pay on their judgment with ACH, let them initiate the electronic bill pay transaction, and have them schedule it on their side.

A debtor’s ACH payment transaction could come back as “account closed” or “NSF”, and then you will be back to square one. With a returned check, at least in California; there are returned check laws that allow you to pursue the debtor with a new lawsuit. It may not be worth doing, but having that option might help keep pressure on your debtor.

Put the responsibility of getting the payment to you on your debtor. As an incentive for the debtor, payment plans can be structured to lower the amount due each month, when compared to the 25% of disposable income; and there will not be a need for a payroll garnishment. In such a case, the debtor will probably know that if there is ever a non-payment, then the full payroll garnishment will be started/restarted.

Some judgment enforcers do not put payment plans into written agreements, because of the potential novation problem. Others use written settlement agreements, and sometimes they are necessary. An example is if the debtor is trying to get their drivers license back, because the DMV requires a court approved payment plan on file before they will reinstate.

Another reason to use a signed, written payment agreement plan is that if you have to go back to court, a sympathetic judge who feels badly for taking the debtor’s money; will probably quickly shift gears when they see the debtor defaulted on a payment plan they had previously agreed to. A payment plan can be as simple as something like this:

Mr. Debtor, you have agreed to pay $XXX per month via check, money order, or cash. The payment must be postmarked or received on or before the XX of the month, or I will continue doing everything I can to enforce this judgment under the laws of this state.

If your debtor asks to make an ACH payment, have them set up the transfers to your bank account. If the debtor cooperates, each month money will automatically come in. And, if there are any fees attached to the ACH transfers, they will have to pay them.

When debtors want to pay by cash, some enforcers keep a free business checking account at several banks; so they can tell debtors the addresses, and asks them which bank is closest. Then, they give them the account number to make a deposit. Then, they ask the debtor to forward the bank’s email them afterwards, so they can verify the deposit and credit it to the amount due. This has the advantage of not having to wait for a check to clear.

How To Get Out Of DUI Charges

Being convicted of a DUI (driving under the influence) can make you suffer a whole bunch of complications. Such adversaries may include the loss of license, community service, jail time, probation, restrictions, and heavy fines. However, there are a number of ways which may answer your question of how to get out of DUI charges. Let’s take a closer look at such ways.

Challenge The Traffic Stop:

You may be familiar with the fact that an officer does not have the right to stop you unless or until he has a rational reason behind it. You must have violated a particular traffic law or such thing in order for the officer to stop you. The thing is that if you were stopped without any particular or rational reason, the evidence which was collected, as an outcome is not applicable in the court and charges will have to be dropped against you. Therefore, the first thing is to make sure that you did not violate a traffic law and even if you were stopped, it was not on rational grounds which will enable you to make the evidence null and void.

Challenge The Suspicion:

There is no argument over the fact that an officer who stopped you is going to try and establish the fact that he was able to smell alcohol on you. Or probably your speech was considerably slurry and your eyes were bloodshot. These are some of the fundamental symptoms, which enable an officer to establish that you were driving under the influence of a drug or alcohol. However, if you are capable of proving that such conditions could have been a result of a mouthwash that you recently used, or probably a particular kind of a medical condition or an allergy, any evidence that was collected against you will be considered null and void in the court of law.

Challenge The Tests:

It is indispensable to mention here that in order to establish the fact that you were driving under the influence of a drug or alcohol, certain tests are to be performed on you. However, you could challenge the authenticity of the test results on a number of rational grounds.

First of all, you could establish that an illness, injury, allergy or something like that is what caused the manipulation in the test results which will make them inapplicable for the court of law. Secondly, you could challenge that a particular kind of medical condition could have been the cause behind the test results being against you. This will also make the results of the test totally inapplicable for the court of law. Thirdly, if only you could prove that the test did not meet up to the requirements as determined by the National Highway Traffic Safety Administration (NHTSA), you would be able to make the test results absolutely inapplicable for the court of law. For that of course, you are going to have to gain sufficient information about the standard of such tests.

In the light of the above mentioned information, it can almost be taken for granted that there are certain ways to prove that you were not driving under the influence of a drug or alcohol while you are being charged of it. If you were looking for the answers to the question of how to get out of DUI charges, the above-mentioned information must have helped a great deal. Utilizing such tips, you can ensure that you are not fined with heavy charges provided that you were not guilty of DUI in the first place.

John Grasso is an attorney who is able to practice law in Massachusetts, Rhode Island and also the Federal District Courts. He has represented criminal clients who have been charged with felony crimes and misdemeanors and he is a member of the Bar of the United States Supreme Court. No matter what the case is, he is determined to get his clients the outcome that is best for them. He is a former police officer so he understands the law and knows the laws that could be exploited by officers, particularly with property searches. He is completely committed to the client and has the best intentions when it comes to their interests.

Minimum Wage Ballot Success

Despite a resounding Republican sweep on Election Day, November 4, 2014, minimum wage increase ballot measures passed in four states with comfortable margins of victory:

Arkansas – The wage will rise from $6.25 to $8.50 an hour by 2017 (66% of the vote)

Nebraska – It will go from $7.25 to $9 per hour (59% of the vote)

Alaska – Alaska will see an increase to $9.75 per hour in 2016 (69% of the vote)

South Dakota – It will go from $7.25 to $8.50 an hour (55% of the vote)

Also, Illinois passed a non-binding referendum raising the minimum wage to $10 per hour. Every measure put before the voters on this issue passed. About 420,000 workers in these states will see an increase in their paychecks, thanks to this vote.

In his January, 2014 State of the Union address, President Barack Obama called on Congress to raise the federal minimum wage from $7.25 to $10.10 an hour. However, Senate Republicans later blocked the legislation. Supporters had 54 votes, but 60 were needed to advance the bill. Soon after, the President signed an Executive Order raising the wage to $10.10 for individuals working on new federal service contracts.

Ironically, voters approved minimum wage increases in the same states that Republicans were swept into office. The GOP is generally opposed to such increases, viewing the action as a job killer. “When you raise the cost of something, you get less of it,” House Speaker John Boehner, said earlier this year. “We know from increases in the minimum wage in the past that hundreds of thousands of low-income Americans have lost their jobs.”

There are prominent Republicans who disagree with this position including former presidential nominee Mitt Romney, former Pennsylvania Senator Rick Santorum, and former Minnesota Governor Tim Pawlenty. Senator Susan Collins of Maine even tried to broker a compromise for a smaller minimum wage increase earlier this year.

According to the Congressional Budget Office, increasing the minimum wage would have two principal effects on low-wage workers. Most of them would receive higher pay that would increase their family’s income, and some of those families would rise above the federal poverty threshold. But, some jobs for low-wage workers would probably be eliminated. The income of most workers who became jobless would fall substantially and the share of low-wage workers who were employed would probably fall slightly.

The current federal minimum wage of $7.25 per hour is part of the Fair Labor Standards Act (FLSA). But, the FLSA does not supersede any state or local laws that are more favorable to employees. If a state has a wage that is higher than the federal minimum, employers subject to the state wage law are obligated to pay the higher rate to their employees. Overall, about 13 states increased the wage this year and, according to estimates from the Council of Economic Advisers, about 7 million workers will benefit from these increases by the year 2017.