Clarisse, a friend of a prominent personality in Long Beach ask her lawyer about small claim services, she said, “Up to what amount should it still qualified to be a small claim?”

Her lawyer nodded and said, “It depends.”

Since Clarisse does not know the law well, so she does not post further questions on her lawyer but there is still doubt in her that somehow stained the relationship of her with her very own lawyer.

Read on and be informed. There is no harm if you try to know these sorts, right?

There are several small claims courts that provide an easy means for people in their respective states to settle disputes of under $5,000 without the aid any lawyer. For instance, when it comes to minor traffic problems, accidents and disputes, landlord and tenants issues, bad checks, breaches of contracts and so on, small claim courts allow the people to seek justice without the law taking into their hands.

Even though these courts are designed to be user friendly, still the whole legal process often intimidates and confuses the lay people that prevent them from going forward with an otherwise perfect case. There is a whole industry built around legal support services.

The lawyers contact out all kinds of work including legal research, court document retrieval and filing, asset location and many others. Oftentimes, the lawyer needs the services of private investigators and expert witnesses. All of these are available to individuals seeking relief in small claim courts.

A small claim case for instance begins with a complaint and the plaintiff files the complaint with the court to start the claim. However, the defendant must be served the complaint that means that the complaint must be hand delivered to the defendant. Experienced wise process serves to know all the tricks when it comes to locating and serving evasive defendants.

Bear in mind that if the defendant has been served the complaint, the process ever must file a proof of service with the court and this usually happens 15 or 20 days before the hearing, depending on where the defendant lives. This will give the defendant time to build a defense or make counterclaim. The law says that anyone that is more than 18 not involved with the case can serve the complaint.

The process however, serves charge very reasonable fees and they know how to correctly file the proof of process. Well, it is often better and recommended to invest a little money to get the job done right and hassle free.

About the Author

For Comments and Questions about the Article you may Log - on to http://www.askaccidentlawyers.com

If you are like most people today, you do not have a will. The
reasons for this failure are many, with the most common being along
the lines of “I don’t have enough assets to worry about”, “I don’t
know how to write a will”, or “Lawyers charge a lot of money”.

Here’s my answer to the last two - buy a software package that helps
you draw up your own will and follow the forms. This software will
ask you a series of questions and you supply the answers. When you
are done, you have a piece of paper ready to be signed; witnessed and
placed somewhere it can be found in the event you die.

As for your lack of asset objection, that might be true if you live
in a cardboard box, with only the clothes on your back, as the last
surviving member of your family. If this does not describe you, than
you do have assets and you really should make preparations for
dispersing them when you die.

As you can tell from the title, this is not about your will except
to relate as to why everyone should have one. Instead, this writing
is about your children. If you are childless, keep reading because
someday you may have children. If you know you will never have
children, keep reading because someday you may be able to use what
you learned here in a discussion with someone who has children.
The biggest reason everyone who has children must have a will is
because of the children’s guardian. Essentially, a guardianship is an
institution created and administered by the court, making the
guardian a court-appointee. However, when you name someone to be a
guardian in your will, you make it difficult for someone else to be
appointed. If you don’t name a guardian, a judge will decide who will
raise and nurture your children. Most likely, this judge does not
know your family, nor does the judge really have the capability to
know if any of your extended family members can properly raise your
child.

It is impossible to stress how important it is for parents who die
early to find the right people for the guardianship job. They will be
responsible for the upbringing of your children. You should
definitely consider things like parenting skills, values, physical
environment (apartment/farm), and religion.

Two important questions to ask (and the answers):

1. What if the best person to bring up your child physically is not
the best manager of money? While you are planning your will and your
children’s guardian, you can also plan to separate the functions of
guardianship. To do so, you first write your will appointing a
“guardian of the person” who will care for your children physically.
Then, also in your will, you name the person whom you appoint to be
the “guardian of the estate”. This person’s job is to dole out the
resources so that your children are not a burden on the person or
family taking care of them.

2. What if the guardian you select is over flowing with love and
values, but scrape the bottom of the barrel each month to feed their
own children? Everyone knows that you do certainly do not intend to
add your children to theirs and cause them undue hardship. This
leaves only one real solution.

Provide adequate financial resources for the guardian to properly
care for your children. At the least, you should provide enough cash
resources to feed and cloth your children each month until they
complete high-school. Many parents also make an effort to provide the
resources for their children to be able to go to college.

Most likely your own asset chart is a little short for providing the
amount of cash your children will need or you want to provide after
your death, consider using life insurance. Term life insurance to be
paid into a trust is relatively inexpensive during the years your
children are at home.

If you are leaving a trust with a significant sum of money, you may
want to appoint a “guardian of the estate” to handle the finances
separate from the “guardian of the person”. This can remove the
obvious temptation if someday the guardian encounters personal
finance difficulties.

The estate guardian and the person guardian must be able to get
along, so it is important you pick the right people for these
positions. Even more important is that if you do die early, your
child will be brought up in a loving, nurturing home you have chosen.
After all, you wouldn’t go through the difficult issues of estate
planning and guardian picking if you didn’t want the best for your
children. That best includes you making out a will, and doing it as
early as tomorrow.

Roger Sorensen

America’s Financial Guide can be found at ==>http://www.Slave2Work.com Subscribe to Money Basics via http://www.slave2work.com/ezine.html

Slave2Work.com - Are you ready for financial freedom?

The best advice for beating a speeding ticket would be to show you how NOT to get out of a speeding ticket. This article is all about the wrong way to go about handling your court case.

Once you’ve read all these worthless defenses, visit my site at the end of this page for proven traffic court defense strategies to easily have your speeding ticket dismissed!

Beg, Plead, Whine and Ask For Forgiveness

There is actually a book out there that condones this defense strategy. C’mon - is this really a valid defense? You aren’t a little kid that has been caught with your hands in the cookie jar.

This is real life and if you think that begging and pleading with the judge is going to get you out of a speeding ticket, you got another thing coming.

Don’t downgrade your dignity by whining in court. It won’t work. Your only sure fire way to beat this ticket is to be armed with proven courtroom tactics and strategies based on actual law. Nothing else you do will work.

Blame Your Speedometer

Oh, the infamous “My speedometer wasn’t working Your Honor”. If there’s one defense the judge gets sick of hearing, it’s this one.

The fact that your speedometer wasn’t working (which the judge will believe to be a lie) isn’t a valid defense. And if it really wasn’t working, you should have gotten fixed!

At least that’s what the judge will say.

Try To Accuse the Officer of Signaling You Out

Just go to court and point out to the judge that the officer purposely gave you a ticket when you didn’t deserve one.

Maybe he didn’t like you because you are of Middle Eastern decent? Maybe you were a black man driving in a predominately white neighborhood?

Whatever the circumstances may be, don’t accuse the officer of racial discrimination or profiling. It rarely works.

Racial discrimination is an all too common defense and you are going to need some proof to back up what you are saying.

* Has the officer been accused in the past of racial profiling?

* Has the officer been reprimanded in the past for racial profiling?

* Has the officer admitted in the past that he is a racist?

* Have you filed a complaint against the officer in the past for racial discrimination?

Accusing the officer of something without anything concrete to back it up is a no-win situation.

Keeping With the Flow of Traffic

Don’t try to argue that there were other people speeding and you were simply keeping up with the flow of traffic. The fact still remains that you were speeding and using this defense hurts your case rather than help it.

By arguing this defense, you have actually admitted to the fact that you were speeding. First you claimed that other motorists were speeding. Next, you admitted that you wee keeping up with the flow of traffic.

In essence, you just admitted to speeding.

Now, no matter what you say, you are a traffic violator under your own admission. The judge will have no choice but to find you GUILTY!

Never try to get out of a speeding ticket using this excuse.

Argue That Your Actions Did Not Cause Harm to Anyone

Maybe not coming to a complete stop at the stop sign in a very quiet neighborhood at 3:00 AM did not hurt anyone, but it still doesn’t deny the fact that you broke the law.

Whether anyone was hurt or not is beside the point. The point is that you broke the law - no ifs, ands, or buts about it.

Argue That You Were Not Aware of the Law at the Time

So, you say that you didn’t know the speed limit had changed from 35 mph to 25 mph on the same street? Do you know what the judge is going to say?

“Ignorance of the law is no excuse”!

“GUILTY”!

Playing dumb will not help you get out of a speeding ticket.

Attack the Officer’s Training of the Radar Gun

Think maybe the officer hasn’t had adequate training with the radar gun? Can you prove it? If not, you are fighting another losing battle.

The courts and the judge will accept the officer’s testimony that he has had proper training. Nothing you say will change their minds.

Other books will tell you to ask the officer to prove that he has had proper training with the radar unit by submitting all the proper documents and certifications. However, they conveniently fail to mention the fact that in court he DOESN’T have to show you anything!

It is assumed by the courts that as an officer of the law, he has had proper training and no further proof is required of him. So much for this defense strategy.

Only go this route if you yourself have proof of your own allegation. Needless to say, this proof is almost impossible to get.

Explain That the Officer Pulled Over the Wrong Person

Mistakes can and do happen. Officers have been known to lock on to a certain vehicle and momentarily lose sight of it and end up pulling over a similar looking vehicle by mistake. It happens.

It is also very hard to prove.

You know the officer might have made a mistake, but how do you go to court with this defense strategy? Accusations can only get you so far. When the judge asks for proof, then what?

Again, it’s your word versus the officer’s. Who is the judge going to believe?

Accuse the Officer of Mishandling the Radar Gun

Maybe the officer made a mistake when he was operating the radar gun. It’s possible that he brought the radar gun up too fast and instead of your vehicle, he clocked the motion of his air conditioner fan instead. This actually happens more times than you think.

But once more, this defense will get you no where for the simple fact that you were not in the officer’s car at the time and were not an eye witness to him mishandling the radar gun.

It’s your word against his — again!

If you’ve noticed, most of these defenses involve blatant accusations. You are merely accusing the officer of not doing his job, whether purposely or negligibly.

Not only is this an insult to the police officer, but it is also an insult to the courts. Now the judge starts getting mad! The last person you want to agitate in that courtroom is the judge.

You had better back up what you say with hard physical evidence. If it’s your word against the officer’s — you know the rest.

Never accuse the officer of anything in that courtroom. Accusations only make you sound more desperate.

If you want to get out of a speeding ticket there is a far easier, more productive way to do it, without pissing anybody off with deliberate allegations.

Proof is everything in any courtroom in America. You can’t convict somebody of murder just by pointing the finger at him. You need a dead body, murder weapon, and a motive. Otherwise, that person gets off free and clear.

The same goes for you. If you say the officer made a mistake, can you prove it? If not, then there is absolutely no way that your accusation will hold up in court.

If you truly would like to know the secrets to get out of a speeding ticket, then visit my web site at www.TrafficTicketSecrets.com

Damon Dallah is an expert in traffic ticket defense with an emphasis on speeding tickets. He’s helped hundreds of individuals with no legal experience beat their tickets in court. He is the owner of a very popular web site that you can visit by clicking here: Traffic Ticket Secrets

Green card is the term used to describe a document that gives a person born in another country the right to live and work in the United States. A green card is usually issued to those people who are permanent resident aliens and who wish to eventually become a United States citizen. Once a person has held a green card for almost five years with no legal problems, they are eligible to apply for citizenship or naturalization.

There are two main ways to be deemed eligible for a green card. The first way is through your employment in the United States. In this case, the employer of the foreign individual must agree to sponsor that individual. Once sponsored the individual may make application for a green card. This application is usually a much faster process for those individuals with more education or specialized job skills. Those individuals that have common job skills or less education may have to wait for a longer period of time before their application is reviewed and accepted.

The second way that an individual may become eligible for a green card is through their immediate family. In this case, if a foreign individual has a family member such as a child, parent or sibling that is an American citizen, then they may apply for a green card. If a parent of a foreign minor child is an American citizen then that child is automatically and immediately eligible for a visa.

Another way that a foreign person can qualify for a green card is through marriage to an American citizen, however, the American citizen must reside in the United States. Once the person has obtained their green card they can apply for permanent residency but the laws controlling this process are very stiff. In this case, the married parties must prove that their relationship is legitimate.

In addition to the above options for obtaining a green card, there are special circumstances that allow certain individuals who do not meet the above criteria to obtain a green card in a timely manner. These special circumstances include the following:

• Asylum. This special circumstance applies to any foreign individual who is in the United States and fears returning to their country of origin. This fear can be brought about by any persecution that is based on a person’s race, political views or religion.
• Labor. Individuals that posses a special skill that is desperately needed in the United States can obtain a green card in exchange for their willingness to perform the job and skill set at a specific job in a specific region assigned to them.
• National Interest Wavier. If an individual possesses the professional skills to be of service to the national interest of America then that person can be granted a green card without employer sponsorship.
• Researchers. For academic researchers who are internationally recognized for their achievements, there are special circumstances that allow that individual to receive a green card in exchange for sharing their information and knowledge.
• Specialized Skills. Individuals that possess specialized skills and that are experts at the top pf their field may apply for and be granted a green card. These individuals are usually exempt from the labor certification process.

Although special circumstances do exist, the normal application process for and the granting of a green card usually take many months and is a very complicated and exhaustive system. If you are contemplating applying for a green card, it is advisable to speak with an attorney before hand.

© 2005 LawyerVista, a website where you can locate a lawyer in your city or state, including New Mexico immigration lawyers and Kansas immigration lawyers. You may reprint this article as long as you don’t alter or edit it in any way and include the author’s credits and this copyright notice including a working link to us

If you or, someone you know, has been diagnosed with, or has been showing the symptoms of Mesthelioma Cancer, you should consider seeking compensation. Being diagnosed with Mesthelioma Cancer means that at some stage in your life you have been exposed to Asbestos substances.

Mesthelioma Cancer can affect the lungs, heart and abdominal area and may require, surgery, chemotherapy, radiation therapy and/or immuno-augmentative therapy. All of these treatments will require medical expenses to be paid and might result in loss of work while you recover.

Also, being diagnosed with Mesthelioma means that your lifespan is going to be considerable shorter, than if you had not been exposed to Asbestos substances and had not developed Mesthelioma Cancer.

Seeking compensation is something that anyone with Mesothelioma Cancer is entitled to, as in most cases the exposure to Asbestos related substance was endured under circumstances involving ‘blind trust’.

It has been found that many building workers have been exposed to Asbestos related substances without prior knowledge of the dangers involved. It has been found in many courts, through Asbestos litigation, that many building companies have been negligent in not informing their workers of the risks involved in handling the Asbestos related products.

To date, well over 10,000 people have died in the United States from exposure to Asbestos. With these figures, if you, or someone you know, have been exposed to Asbestos related substances and are showing symptoms, you should consider seeking compensation, as early detection and treatment will prevent you from becoming another early statistic.

Some of the early signs of Mesothelioma Cancer include, abdominal pain, chest pain, coughing, difficulty breathing and fever. Often sufferers of Mesothelioma Cancer will develop other related illnesses, as their immune system is often affected as it battles to fight the Cancer.
Do not think that you do not deserve Compensation, as you are entitled to it. Compensation for developing Mesothelioma Cancer, as a result of exposure to an Asbestos related substance can help pay for your medical treatment, time off work and ongoing support.

In many cases, Asbestos litigation has resulted in Mesothelioma Cancer sufferers being awarded substantial amounts to cover damages, through loss of health and the inability to be able to lead an active and full life.

There are a number of well-trained attorneys and paralegals, who have experience in dealing with litigation claims for Mesothelioma compensation. If you, or someone you know is a sufferer of Mesothelioma Cancer, or think that you might have Mesothelioma Cancer, seek professional medical and legal advice.

About the Author

Learn more about mesothelioma treatment and asbestos litigation go here: http://www.mesothelioma-treatment-center.com/mesothelioma-compensation.htm

With the withdrawal of Vioxx from the pharmaceutical market, doctors and patients are left scrambling for alternatives to Vioxx.

PLEASE CONSULT YOUR PHYSICIAN FOR INFORMATION ON MEDICATIONS AND ALTERNATIVES TO VIOXX.

The below is only informational, and is not offered as medical advice! Only your doctor can determine what pain killers will be right for you.

Vioxx is a prescription COX-2 selective, non-steroidal anti-inflammatory drug (NSAID) that was approved by the FDA in May 1999 for the relief of osteoarthritis, for menstrual symptoms, and the management of acute pain in adults. Pain relievers called NSAIDs, work against two enzymes — COX-1 and COX-2 — that frequently cause inflammation and pain. Cox-1 is found in the stomach and Vioxx and its alternatives that attack it often cause upset stomachs and ulcers. Vioxx and Vioxx alternatives are known as a class of drugs called COX-2 inhibitors attack that sole enzyme, minimizing stomach side effects.

Are other alternatives to Vioxx safe? COX-2 drugs have the tendency to raise blood pressure, but only Vioxx has been linked to a higher risk of heart attack, stroke, and other cardiovascular problems. Although there is now study showing that some alternatives to Vioxx also cause heart problems. For example, the study released in October 2004 regarding Bextra and heart surgery patients.

Two COX-2 inhibitor alternatives to Vioxx are sold in the U.S. – Celebrex and Bextra. However, the safety has of these altnernatives to Vioxx been questioned. Drug manufacturers – Pharmacia and Pfizer have huge advertising budgets and sales in the millions.

Bextra, an alternative to Vioxx, also known as Valdecoxib, was approved by the FDA in 2001 for the treatment of pain, tenderness, and swelling caused by osteoarthritis and adult rheumatoid arthritis. In some people, especially those with allergies to sulfonamides, this alternative to Vioxx has shown side effects could prove fatal.

Originally, side effects of this alternative to Vioxx included standard ailments such as stomach pain, diarrhea, heartburn, back pain, headache, nausea, and upper respiratory infection. In November 2002, the FDA increased adverse reactions to include serious and life-threatening skin diseases such as Stevens Johnson Syndrome, toxic epidermal necrolysis, and exfoliative dermatitis. When the FDA made its new warnings about the Bextra alternative to Vioxx, an estimated 800,000 to one million people had taken Bextra since it first went on sale.

Celebrex, another alternative to Vioxx, boasted that it didn’t create the heart problems that Vioxx does. Celebrex is no panacea as it may cause bleeding stomach ulcers. None of the COX-2 alternatives to Vioxx are without risks and could possibly be more life threatening than the conditions they are meant to treat.

Non-prescription alternatives to Vioxx include aspirin, ibuprofen (Advil) and naproxen (Aleve). Another kind of pain reliever, acetaminophen (Tylenol), can also be used. The price of alternatives to Vioxx is far less than Vioxx, Celebrex, and Bextra.

Natural alternatives to Vioxx may include a combination of improved nutritional choices, reasonable exercise and physical therapies, and acupuncture.

About the Author

Michael Monheit, Esquire is the managing attorney for Monheit Law. The practice is focuses on plaintiff personal injury cases and Vioxx Lawyers info can be found at Vioxx Lawyer - Monheit Law

What is Tax-Deferred Exchange?

By Neda Dabestani-Ryba
Prudential Carruthers REALTORS

Under Section 1031 of the Internal Revenue Code, owners of real estate held for investment
or use in a trade or business can swap their property tax-free for “like-kind” real estate.
Exchanges are made for people wanting to stay invested in real estate, increase their leverage and to avoid paying hefty taxes upon the sale of property.
Like Kind
- Apartments
- Rental Houses
- Retail Properties
- Commercial
- Raw Land
- Office Buildings
- Industrial
- Ranches
Non Qualifying Properties
- Personal Residences
- Dealer Property
- Partnership Interests
- Inventory
Reason to Exchanges
- Restoring Depreciation that will soon expire - by exchanging one property for another
of greater value.
- To upgrade size and/or quality of investment. An exchange can be utilized to combine the equity of one or more properties into a larger singular investment.
- To change investment location. An exchange can be executed in anticipation of market
trends to maximize appreciation potential.
7 Steps for a Successful 1031 Tax Deferred Exchange
Step 1: Consult with your tax and financial advisors to determine if a tax deferred exchange is appropriate for your circumstances and compatible with your investment goals.
Step 2: Listing the Relinquished Property for sale with a licensed real estate broker. During the first step the Exchanger will list the Relinquished Property with a real estate broker. The broker/agent will disclose the intent to complete an exchange in the listing agreement.
Step 3: Offer, Counter Offer and Acceptance. The Exchanger enters into a contract with the Buyer for the sale/exchange of the Relinquished Property. The broker/agent discloses the Seller/Exchanger’s intent to exchange into the Purchase Agreement and Receipt for Deposit.
Step 4: Open escrow for the Relinquished Property and coordinate with the Facilitator. The Facilitator prepares the exchange agreement and coordinates with the escrow holder to close escrow as Phase I of a tax deferred exchange. Important: The exchange agreement must be in place and signed by all parties prior to close of escrow. Additionally, all earnest money deposits should be placed with the title company.
Step 5: Replacement Property Identification. After closing escrow for the sale of the Relinquished Property, the Exchanger must identify all Replacement Property within 45 days from day after close of escrow.
Step 6: Contracting for the Replacement Property. After closing on the Relinquished Property the Exchanger has 180 days to acquire the Replacement Property. With the help of his or her agent the Exchanger enters into contract to purchase the Replacement Property from the Seller. In the contract to purchase the agent discloses the Exchanger’s intent to complete the exchange and obtains the Seller’s cooperation.
Step 7: Open escrow for the Replacement Property. The Facilitator prepares the Phase II Exchange Agreement and coordinates with the Replacement Property Escrow holder. The funds held in trust by the Facilitator are placed in escrow and the Replacement Property is purchased by the Facilitator from the seller. The Facilitator then transfers the Replacement Property to the Exchanger and the transaction is closed as Phase II of a delayed exchange.
Identification of Replacement Property
Regardless of the number of relinquished properties transferred by the Exchanger as part of the same exchange, the maximum number of replacement properties that the Exchanger can identify is as follows:
3 Property Rule: Three properties without regard to the fair market values of the
replacement properties.
Or
200 Percent Rule: Any number of properties as long as their aggregate fair market value as of
the end of the identification period does not exceed 200 percent of the aggregate fair market value of all the relinquished properties as of the date the relinquished properties were transferred by the Exchanger.
Exception
95 Percent Rule: Any number of replacement properties identified before the end of the identification period and received before the end of the exchange period, but only if the Exchanger receives before the end of the exchange period identified replacement property the fair market value of which is at least 95 percent of the aggregate fair market value of all identified replacement properties.
Glossary of Terms
Accommodator: A principal involved in the exchange transaction who agrees to assist the exchanger to effect a tax-deferred exchange. Same as Facilitator or intermediary.
Accommodating Party: In an exchange of properties there is always a person or entity that steps in to accommodate or facilitate the exchange transaction. Depending on how the transaction is structured, the accommodating party may incur additional liability in their efforts to assist in the exchange.
Acquisition Property: Replacement property
Actual Receipt: When the Exchanger actually receives the funds from the sale of the Relinquished Property. Receipt of cash by the Exchanger before he receives the Replacement Property may be enough to destroy the tax deferred treatment of the transaction.
Adjusted Basis: Generally speaking the adjusted basis is equal to the purchase price plus capital improvements less depreciation. Transactions involving exchanges, gifts, probates and receiving property from a trust can have an impact on calculating the property’s adjusted basis. The taxpayer’s C.P.A. or tax advisor is the party to look to for these types of questions.
Boot: Boot is any type of property received or given up in an exchange that does not meet the like kind requirement. Generally speaking, receiving boot will trigger the recognition of gain and taxes. If the Exchanger receives boot, they will be taxed. Boot added or given up by the Exchanger does not necessarily trigger a taxable event. In a real property exchange, boot received is any type of property received by the exchange which is not real property held for investment or productive use in a trade or business.
Cash Boot: Cash Boot consists of cash and nonqualifying property. A car, a boat or receipt of the beneficial interest in a promissory note are all examples of Cash Boot.
Mortgage Boot: Mortgage Boot consists of the secured debt given up and received as part of the same exchange. If the exchanger increases the amount of debt on the Replacement Property verses the Relinquished Property, they have given mortgage boot. If the exchanger decreases the amount of debt on the Replacement Property verses the Relinquished Property, they have received mortgage boot. Generally speaking, mortgage boot received triggers the recognition of gain and it is taxable, unless offset by Cash Boot added or given up in the exchange.
Constructive Receipt: Even if the Exchanger does not actually receive the proceeds from the disposition of the Relinquished Property, the exchange will be disallowed if the Exchanger is treated as having constructively received the funds.
Delayed Exchange: Also called non-simultaneous, deferred and Starker. A delayed exchange is a tax deferred exchange where the Replacement Property is Received after the transfer of the Relinquished Property. In a delayed exchange the Exchanger must identify all potential Replacement Properties within 45 days from the transfer of the Relinquished Property and the Exchanger must Receive all Replacement Properties within 180 days or the due date of the Exchanger’s tax return whichever occurs first.
Like-Kind Property: Refers to the nature of the property the Exchanger gives up or receives as part of the same tax deferred exchange transaction. In order to qualify as like kind the property given up or received must be held for productive use in a trade or business or held for investment to qualify as like-kind.
Realized Gain: Refers to a gain that is not necessarily taxed. In a successful exchange the gain is realized but not recognized and therefore not taxed.
Recognized Gain: Refers to gain which is subject to tax. When someone disposes of property at a gain or profit in a taxable transfer such as a sale, the gain is not only realized, but recognized and subject to tax.
Relinquished Property: The property given up by the exchange to start the 1031 exchange transaction. This property usually passes through an accommodator before transferring to the ultimate Buyer.
Reverse Exchange: An exchange where the Exchange acquires or gains control of the Replacement Property before disposing of the Relinquished Property.
Simultaneous Exchange: Also referred to as a concurrent exchange. A simultaneous exchange is an exchange transaction where the Exchanger transfers out of the Relinquished Property and Receives the Replacement Property at the same time.
Transfer Tax: A tax usually assessed by a city or county on the transfer of property. It may be based on equity or value. When structuring a multi-party exchange an exchange agreement will usually call for direct deeding to eliminate additional transfer tax.
April 15th
A taxpayer must identify replacement property within 45 days after the transfer of the relinquished property, and acquire the replacement property within the earlier of 180 days of the relinquished property closing, or the due date of the taxpayer’s tax return.
This means that 1031 escrows that close after Oct. 18 will not have the full 180 days to acquire the replacement property unless the taxpayer files an extension.
Contact your CPA or tax attorney for advise.

About the Author

Neda Dabestani-Ryba is a licensed Realtor in Maryland. She is a member of the President’s Circle of Top Real Estate Professionals. She can be reached at (800) 536-3806 or visit her website for more information: http://neda.dabestani.pcragent.com/
Prudential Carruthers REALTORS is an independently owned and operated member of Prudential Real Estate Affiliates, Inc., a Prudential Financial company. Equal Housing Opportunity

Side impact collisions are a very common type of accident. These collisions occur when the front of an oncoming vehicle strikes the side of your car, causing a strong impact. Side impact car crashes are responsible for around 9,000 deaths every year. The only collisions that are more deadly than side impact collisions are head on crashes. In 2004 around 26% of all fatal car accidents and about 31% of the non-fatal car crashes were the results of side impact collisions. Sometimes these accidents happen at intersections when someone fails to stop for a red light or stop at a stop sign. These types of accidents are certainly preventable.

If you are the victim of a car wreck it is your right to be compensated for your injuries. Side impact collisions are often serious, but even minor crashes can cause you chronic and debilitating injuries. It’s important to start a vehicle lawsuit soon because the success of the case usually depends on the medical records registered from the accident. As more time passes, the connection becomes more and more difficult to prove.

Anther important factor in a vehicle accident lawsuit is the statute of limitations and time constraints. This is why it is so important that you contact an experienced accident attorney who will be able to fight for your right as the victim of the car accident.

To learn more about car crash accidents and hiring a car accident lawyer please visit our website at http://www.resource4accidents.com This article may be freely reprinted as long as this resource box is included and all links stay intact as hyperlinks.

With the new bankruptcy law in effect as of October 17, 2005, there is a lot of confusion regarding the new “means test” requirement. The means test will be used by the courts to determine eligibility for Chapter 7 or Chapter 13 bankruptcy. The purpose of this article is to explain in plain language how the means test works, so that consumers can get a better idea of how they will be affected under the new rules.

When most people think of bankruptcy, they think in terms of Chapter 7, where the unsecured debts are normally discharged in full. Bankruptcy of any variety is a difficult ordeal at best, but at least with Chapter 7, a debtor was able to wipe out their debts in full and get a fresh start. Chapter 13, however, is another story, since the debtor must pay back a significant portion of the debt over a 3-5 year period, with 5 years being the standard under the new law.

Prior to the advent of the “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,” the most common reason for someone to file under Chapter 13 was to avoid the loss of equity in their home or other property. And while equity protection will continue to be a big reason for people to choose Chapter 13 over Chapter 7, the new rules will force many people to file under Chapter 13 even if they have NO equity. That’s because the means test will take into account the debtor’s income level.

To apply the means test, the courts will look at the debtor’s average income for the 6 months prior to filing and compare it to the median income for that state. For example, the median annual income for a single wage-earner in California is $42,012. If the income is below the median, then Chapter 7 remains open as an option. If the income exceeds the median, the remaining parts of the means test will be applied.

This is where it gets a little bit trickier. The next step in the calculation takes income less living expenses (excluding payments on the debts included in the bankruptcy), and multiplies that figure times 60. This represents the amount of income available over a 5-year period for repayment of the debt obligations.

If the income available for debt repayment over that 5-year period is $10,000 or more, then Chapter 13 will be required. In other words, anyone earning above the state median, and with at least $166.67 per month of available income, will automatically be denied Chapter 7. So for example, if the court determines that you have $200 per month income above living expenses, $200 times 60 is $12,000. Since $12,000 is above $10,000, you’re stuck with Chapter 13.

What happens if you are above the median income but do NOT have at least $166.67 per month to pay toward your debts? Then the final part of the means test is applied. If the available income is less than $100 per month, then Chapter 7 again becomes an option. If the available income is between $100 and $166.66, then it is measured against the debt as a percentage, with 25% being the benchmark.

In other words, let’s say your income is above the median, your debt is $50,000, and you only have $125 of available monthly income. We take $125 times 60 months (5 years), which equals $7,500 total. Since $7,500 is less than 25% of your $50,000 debt, Chapter 7 is still a possible option for you. If your debt was only $25,000, then your $7,500 of available income would exceed 25% of your debt and you would be required to file under Chapter 13.

To sum up, first figure out whether you are above or below the median income for your state - median income figures are available at http://www.new-bankruptcy-law-info.com. Be sure to account for your spouse’s income if you are a two-income family. Next, deduct your average monthly living expenses from your monthly income and multiply by 60. If the result is above $10,000, you’re stuck with Chapter 13. If the result is below $6,000, you may still be able to file Chapter 7. If the result is between $6,000 and $10,000, compare it to 25% of your debt. Above 25%, you’re looking at Chapter 13 for sure.

Now, in these examples, I have ignored a very important aspect of the new bankruptcy law. As stated above, the amount of monthly income available toward debt repayment is determined by subtracting living expenses from income. However, the figures used by the court for living expenses are NOT your actual documented living expenses, but rather the schedules used by the IRS in the collection of taxes. A big problem here for most consumers is that their household budgets will not reflect the harsh reality of the IRS approved numbers.

So even if you think you are “safe,” and will be able to file Chapter 7 because you don’t have $100 per month to spare, the court may rule otherwise and still force you into Chapter 13. Some of your actual expenses may be disallowed. What remains to be seen is how the courts will handle cases where the cost of mortgages or home rentals are inflated well above the government schedules. Will debtors be expected to move into cheaper housing to meet the court’s required schedule for living expenses? No one has any answers to these questions yet. It will be up to the courts to interpret the new law in practice as cases proceed through the system.

Charles J. Phelan has been helping consumers become debt-free without bankruptcy since 1997. A former senior executive with one of the nation’s largest debt settlement firms, he is the author of the Debt Elimination Success Seminar™, a five-hour audio-CD course that teaches consumers how to choose between debt program options based on their financial situation. The course focuses on comprehensive instruction in do-it-yourself debt negotiation & settlement designed to save $1,000s. Personal coaching and follow-up support is included. Achieves the same results as professional firms for a tiny fraction of the cost. Visit www.zipdebt.com for more information.

Patents are not new, their presence was noted long back during 16th Centaury. In U.S. at the Constitutional Convention of 1787, a federal patent power was proposed by James Madison and Charles Pinckney and was adopted without debate as Article 1, Sec. 8, clause 8. The history of Patent Law began all the way back with the Constitution of the United States which was specific about providing protection for those who invent new and unique products. But after the TRIPS, intellectual property rights and patents gained importance to the business communities and industries. The retrieval of the patent information was made easy by internet and access to different patent databases. Patent are the source of the technological innovation and detailed mining of patent literature is proven to be useful of the Completive Intelligence.

This article attempts to analyze importance and methods for the patent data mining and their future use in the competitive intelligence. The key issues discussed in this article are:

a. Importance of the patent data mining;

b. Using patent data for competitive intelligence

Data Mining is a process of discovering meaningful new correlations, patterns and trends by sifting through large amounts of data stored in repositories, using statistical, data analysis and mathematical techniques. Patents are the most valuable and comprehensive source of the technological information and thus are very crucial for the industries. A very strong patent portfolio and IPR system is needed for a industry to compete the global market. An organization’s patent portfolio forms a critical part of its IP holdings alongside its designs, trademarks, copyrights and trade secrets. Much of the value from a portfolio can only be realized through its effective management. In turn, that requires tools and techniques to help understand portfolio content, how and where this fits in with the organization’s competencies and what the market opportunities are for exploiting the technology owned. There is also a need to identify gaps where complementary technology can be licensed in and identify non-core technology where know-how can be licensed out or divested for financial return. This is the province of patent mining. A clear and effective IP strategy critically incorporates a clear and effective strategy for managing an organization’s patent portfolio.

There are several free and paid patent databases consisting of billions of the patent documents. The databases which are free to search the patents are as follows: USPTO, EPO, JPO, SurfIP, SIP, Freshpatents, Patentsonline, etc. Whereas different paid databases are, Delphion, Dialog, Micopat, etc. which also include inbuilt analysis tools.

The data obtained form these patent documents can be used for the competitive Intelligence. It is defined as process of discovering “competitor’s” strategic decisions, or of business area characteristics, using quantitative analysis techniques applied to data and information, obtained through legal process, regarding the chosen competitor or business area. Patent searching and analysis is done based on the objective. Patent data can be used for the completive intelligence in different ways as mentioned below:

• Theme Search: Theme searches provide the overview of patents related to your field of interest. These searches are helpful to detect the recent trend of your technology area and to establish your R&D direction. As these searches are fully client-oriented, the point of our work and report format is supposed to be various according to your needs.

• Patentability Search (Novelty Search): Patentability search is the first step of patenting process. A patentability search surveys patents filed in each national intellectual property office to check whether there exist inventions similar to yours. If you have a plan to file your invention to other countries, this search is essential because the foreign application is quite costly.

• Search by keyword (Assignee, Inventor, etc): This search provides the information of patents retrieved by specific keywords including assignee, inventors, or IPC, etc.

• Family patent / Legal status search.

• Current Awareness Search: This search is to report new development in particular technology or patenting activity of competitors regularly. You can keep in touch with recent technology as well as detect your rival’s R&D achievement and legal status of a particular patent with which you should consider continuously. This search is performed at interval specified by your requirement: weekly, monthly, or quarterly. Category.

• Legal Status report - Keep informed the current legal status and expected legal action of a particular patent.

• New Patent report - Keep informed the newly published or granted patents categorized in specific technology area defined by your searching queries.

• Patenting Activity report - Keep informed patenting activity of a particular assignee or inventor who you are interested in.

• Infringement Search: Infringement search is to check whether patent which can be infringed by your product being supposed to launch newly in a certain country exist or not in that country.

• Invalidity Search: When you intend to make some claims of a particular patent invalid, the invalid search can provide some prior art references that disclose claims that are infringed by the subject disclosure.

• Patent Map (Patent Analysis): Quantitative analysis based on statistical data of bibliographic information (country, assignee, IPC, etc). Qualitative analysis of core patents, Technological road map, multifarious analysis.

• Right-to-Use Searches: Right-to-Use searches are conducted, prior to marketing a new product, to confirm that the new product does not infringe on an existing patent or potentially infringe on a patent application.

Conclusion

These types of searches are primarily done using the different patent database and are very useful for competitive intelligence in the todays global prospective. Patent analysis and mining in combination with market research and financial assessment can build up a strong competitive environment for the competitors for the industries.

Vinod Kumar Singh
Knowlegde Scientist
E-mail:vinod.patent@gmail.com
Mobile:91+9393000913