How To Create New Local And State Governments In Nigeria

Nigeria is presently made up of 36 states, 774 local government areas and Abuja as the federal capital territory. Yet, agitations for the creation of more local and state governments remain vociferous. All the local and state governments as they are today were created by the past military regimes. No civilian administration has ever created one in the Nigerian history.

The creation of either local or state government in Nigeria under the present dispensation is entirely constitutional. So the question is how can new local and state governments be created under the Nigerian constitution? What I have decided to do in this article is to simplify the laid down processes as contained in section 8 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) for the creation of local and state governments in Nigeria so that you as a Nigerian or a lover of the country can be better informed.

The Procedure for the Creation of Local Government

To create a local government in Nigeria, the job starts with a House of Assembly of a state and takes the following forms:

1. a bill calling for the creation of a new local government will be proposed

2. the bill must be passed into law but it can only be passed if:

i. the House of Assembly receives a request for the creation of a new local government supported by a minimum of 2/3 of the members of the House of Assembly who are representatives of the area demanding for a new local government, and

ii. the 2/3 of the local government councils in the area demanding for a new local government

iii. then 2/3 of the people in the area calling for the creation of a new local government have to approve the proposal for the creation of a local government in a referendum

iv. thereafter the result of the referendum is to be approved by a simple majority of the members of each local government council in a majority of all the local government councils in the state where a local government is to be created

v. the result of the referendum also has to be approved by a resolution passed by 2/3 majority of members of the House of Assembly.

Once the conditions listed above are fulfilled, the House of Assembly will pass the bill into law. But there are two more hurdles for the House of Assembly to scale in order to conclusively create a local government and here are the two stages:

1. the House has to pass a bill to adjust the boundary of any existing local government but the bill can only be passed into law if:

a. the House receives a request for the boundary adjustment which is supported by 2/3 majority of members from the area affected by the boundary adjustment from each of the following

i. the House of Assembly, and

ii. the local government council in the area

b. then a proposal for the boundary adjustment is approved by a simple majority of members of the House in the area affected.

2. the House has to make a report to the each chamber of the National Assembly so that the latter can modify the constitution to include new local government or local governments so created.

The Procedure for the Creation of State

When it comes to the creation of a new state, the National Assembly made up of the Senate and the House of Representatives has to pass an Act but this can only be passed when

1. the National Assembly receives a request supported by at least 2/3 majority of members representing the area demanding for the creation of a new state in each of the following:

i. the Senate and the House of Representatives

ii. the House of Assembly in that area, and

iii. the local government councils in the area

2. then a proposal for the creation of a state has to be approved in a referendum by at least 2/3 majority of the people of the area demanding for a new state

3. the result of the referendum will also have to be approved by a simple majority of all the states in Nigeria supported by a simple majority of the members of the House of Assembly, and

4. the proposal will now have to be approved by a resolution passed by 2/3 majority of members of each house of the National Assembly.

Having taken the 4 steps listed above, the National Assembly has two more steps to take to conclude its assignment as far as state creation is concerned.

The next two steps are these:

1.a the National Assembly has to pass an Act to adjust boundary of the existing state or states from where a new state has been carved out and this is only possible if the National Assembly receives a request for the boundary adjustment which is supported by 2/3 majority of members from the area demanding for the boundary adjustment in each of the following:

i. the Senate & House of Representatives

ii. the House of Assembly

iii. the local government councils

1.b then a proposal for the boundary adjustment will have to be approved by:

i. a simple majority of members of each house of the National Assembly, and

ii. a simple majority of members of the House of Assembly in respect of the area affected

2. then the National Assembly has to pass an Act to amend the constitution so as to incorporate new local or state governments into the document.

You will agree that the processes are cumbersome and this explains why neither local nor state government has been created under a constitutional government in Nigeria. Yet as cumbersome as they are, the processes are not unachievable where there is a political will and the government is responsive to the yearnings of its people.

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Why A Copy Of The Judgment Is Needed

I am not a lawyer, I am a Judgment Broker. This article is my opinion, and not legal advice, based on my experience in California, and laws vary in each state. If you ever need any legal advice or a strategy to use, please contact a lawyer.

A judgment is both a piece of paper, and a historical record system. A judgment includes records of certain specific events related primarily to getting, and trying to recover the judgment. Judgments are not cash, not guaranteed, and do not recover themselves.

When you contact a judgment broker, buyer, enforcer, collector, collection lawyer, or a collection agency; they will not do anything significant until they see a copy of your judgment.

No matter how much and what, you tell some person or entity about your judgment, they will not be doing much computer work, or researching your judgment debtor fully with public records, until they see the actual judgment. One exception can be if the person or entity is close to the court, and your judgment is big and looks easy to enforce, they might get a copy of your judgment themselves.

The reason a copy of a judgment is needed is because being named a judgment debtor is serious, and only the actual judgment can be counted on, to accurately name specific debtor(s) and the date and amounts on the judgment.

The proof of service for a judgment is often very important. Default judgments are weaker than contested judgments because on defaults, debtors might claim they were not served properly, even if they were.

As soon as you send the actual judgment paperwork, and what you know about the judgment debtor(s) and their assets; then you can get serious quotes, contracts, retainers, or agreements, for the purchase or recovery of your judgment.

There is no average, when it comes to how much documentation people keep for their judgment. Some people keep nothing. Some people keep only the one page with the court's stamp, that shows the amount owed.

Some people keep multiple copies of everything, including all receipts, court documents, notes, copies of email, proposed revisions of the lawsuit (the complaint), all work products, envelopes received, etc.

Keeping the one page "meat" of the judgment might work fine, however it is best to also keep a copy of the proof of service, and whatever is known about the judgment debtor(s). Also, keep all documents that evidence any previous steps taken to try to collect, such as writs of execution, levies, and liens.

You do not want or need to keep, copy, and send out a 40-pound pile of papers. You should keep what is needed and no more. What was important in the past should be re-evaluated a year later. I recommend you keep only the page(s) of the actual judgment, the proof of service, one copy of the final complaint, and anything that identifies the judgment debtor(s) and their assets.

Unless you use a judgment broker, you will have to send your judgment documents to several or many enforcers, because most enforcers are now very picky about which judgments they will buy or try to recover, in the current economic situation.

When you communicate with a judgment broker, buyer, collection lawyer, or an enforcer, keep focused on your judgment, and what is known about your judgment debtor(s). It does not help to ramble on about trivia or your dislike of your judgment debtor, or to send them too much documentation. After you find the right buyer or recovery solution, then you can send the extra documentation you may have.

Judgment documents can either be paper copies or PDFs. They cannot be printed dockets from court web sites only for many reasons, including court web sites are not consistent, and judgment amounts and other important information may be missing on court web sites, and they are not guaranteed to be accurate.

If you do not have a copy of your judgment, the court can make a copy for you for a very nominal charge. Your court might let you download a PDF of your judgment. If you hired an attorney, perhaps they have a PDF or a paper copy of your judgment.

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Legal Rights Advice: Want to Find a Solution for Affordable Legal Advice

There are many options for finding affordable legal advice. Four options are discussed in this article. 1. Many people have an attorney friend or family member, 2. Many people find lawyers who can do services Pro Bono, 3. Many people find lawyers that only charge if they win your case and 4. Many have a legal service through a company. My goal is to help you think and find the best option to protect your family for all legal needs.

The option of using family and friends who are attorneys is probably the most popular and least expensive option for legal rights advice. If the person you know who is a lawyer specializes in the area of law in which you need help and in the geographical location in which you live, this is an economical option. Family and friends either don't charge anything or give a discounted rate for their services. Family and friends are often more available than a lawyer whom you don't know. You can often feel more comfortable to communicate your legal needs and get sound legal rights advice from family and friend attorneys.

However, if family and friend attorneys don't specialize in the area of law or geographical location for which you need help, finding an attorney for who does Pro Bono work is another option. For those who don't know, Pro Bono work means the attorneys don't charge you anything for their services. In many states, lawyers are required to do 50 hours of *Pro Bono work as a recommendation from the American Bar Association each year. Since it is a requirement as part of their jobs each year, they may be willing to help with your situation. Finding a lawyer who can do Pro Bono work may be tricky; they may have used all of their yearly required hours or it may take a lot of leg work calling or visiting different attorneys.

Similarly, there are attorneys in some television commercials who claim to only charge if they win your case. This option is something for you to think about and research if the attorneys claiming this can help you with your legal issue exist in your area. It may be attorneys that specializes in a different area of law that offer this option than the area of law in which you need legal help, however. This can be a good option if you are planning on going to court. Yet, some people don't plan to go to court, but simply need some legal rights advice. This type of attorney wouldn't be your best option if this is the case.

Possibly the least well known, yet most comprehensive affordable legal rights advice option is to find a legal service provided by a company in the United States. For those of you who wonder if this exists, let me put your mind at ease. There ARE companies available which can help with all legal rights advice, as well as preparation of wills, letters/phone calls written on your behalf, defense in court and other legal services. It may sound too good to be true, but it's not. Since this is a very litigious society, an option like this would be very useful to many people in the USA, if they knew it existed and where to find it. Finding a company is simple, and doesn't have to take a lot of time. In many countries, legal insurance is as common as health, life and auto insurances. It is also a requirement in some countries. In America, these companies aren't as abundant as they are in other countries, but, none-the-less available. Where these options are available, this legal service can cost a small monthly fee, similar to other insurances.

Whatever option you choose, please search out all of the options to find out what would be best for your family. There is no need to stay in the dark anymore, since there are so many options available to you in today. To find out more about a company that can protect your family legally, just reach out - now! You will not regret it.

*Information about Pro Bono from Wikipedia

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Deposition Services for Your Legal Needs

Legal matters are an everyday fact, and unfortunately, almost all of us are forced to find a reason to employ the help of some sort of legal aid. There are endless combinations of services that you might find yourself needing. There are lawsuits, property matters, mediations, and defense cases just to name a few, but one of the most common legal situations that individuals find themselves in is the deposition.

Depositions i.e., sworn testimonies, are often crucial pieces to litigating procedure where lawyers will examine a witness without the presence of a judge like in a traditional court setting for the purposes of discovery regarding the case. This process is extremely important in a trial setting because it allows for the collection of evidence and other information that will assist in the building of the case. There are many different types of this material, and it can be hard to make sure that your evidence gathering is accurate and efficient for all individuals involved.

Luckily, there are companies who specialize in providing different legal help for lawyers and patrons who need a bit of extra assistance in their cases. The offerings that these firms provide range from all different types of legal situations, from court reporting to document drafting, and of course depositions. When dealing with these specifically, they offer a multitude of solutions that make working any case easier, regardless of your relationship to said case.

Some of the different tasks that can be completed by employees of these outsourcing firms in regards to depositions are transcription, fact checking, and actually holding the sworn testimony itself. Many of these companies have a service where you can schedule your questioning online and one of their trained staff members who are attached to your case will conduct the interview and provide you or the lawyer with the results. These services are accurate and are guaranteed to be exactly what your firm or case needs. These companies hire top quality employees to take care of their legal work and provide them with plenty of training so that you can be assured your information is being handled but trustworthy and reliable individuals. And surprisingly quality solutions to your legal problems, though costing money, will not break you or your case so you can assure that your firm is at the top of its game for less.

Legal situations can be tough, regardless of your involvement in them, whether you are a client looking to have a case resolved or defending your freedom, or if you are a lawyer working around the clock to make sure your client and reputation are safe. With companies coming forward to provide the assistance and options that you need, such as court reporting and deposition, as a firm or client, you can sleep better at night knowing that you have access to expert assistance for low cost, that will help relieve some of the stress regarding your case. Having access to the right services and help can be the difference of a win or a loss and in most cases will work in your favor.

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Returning Judgments

I am not a lawyer, I am a judgment broker. This article is my opinion, and not legal advice, based on my experience in California. If you ever need any legal advice or a strategy to use, please contact a lawyer.

When getting into the judgment recovery business, most people do not think about returning judgments. Returning judgments is as important of a topic as any other topic in judgment recovery.

Here are the most common reasons one might consider returning a judgment:

1) The Original Judgment Creditor (OJC) is a pain in your rear end. I have witnessed many times, OJCs being or becoming unreasonable, and contacting Judgment Enforcers (JEs) way too often and/or trying to micro-manage them.

After an OJC assigns their judgment to a JE, they are, or at least they should be, out of the picture. Some OJCs, even with tiny judgments, ask JEs for daily status reports, and/or tell JEs how they should enforce the judgment. When the OJC is a pain, think twice about whether you want to keep that judgment.

2) The judgment debtor is broke, and does not seem to have any current, or projected future assets available.

3) The judgment debtor has filed for bankruptcy protection. If the judgment debtor successfully discharged the judgment, it may not matter whether you return the judgment or not. However, it is generally a good policy to assign the judgment back, to prevent any (occasional and potential) future hassles.

4) The judgment debtor moves to another state or country. Unless the judgment and debtor assets are large, it is usually not worth hiring a lawyer to recover judgments in other states. In this case, after returning the judgment, consider making money referring the OJC to a judgment broker.

5) If the judgment debtor gets really sick, or dies, with no money in their estate.

6) When the judgment debtor successfully vacates or appeals the judgment. In this case, it does not matter whether you return the judgment or not, because the judgment you were assigned no longer exists.

7) You have recovered "enough". Sometimes after a wage garnishment, bank levy, or a Sheriff sale, you recover most, however not all, of the amount owed on the judgment. Usually, it is not cost-effective trying to recover the last few dollars.

8) You are leaving the judgment business, and doing the right thing and returning your judgments.

To return a judgment, the concept and procedure is exactly the same as when you were assigned the judgment. The assignment paperwork is the same, and your information and the OJC's information are swapped. You still get your signature notarized, and the assignment still must be stamped and filed by the court.

Here is an example of the wordings for a re-assignment of a judgment, where a JE named Mr. Arnold Assignee had been assigned a judgment before, and is now assigning it back to Mr. Paul Plaintiff, the OJC:

Paul Plaintiff 100 Fake Avenue San Jose, CA 95112

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA

Paul Plaintiff (Plaintiff) V. Dan Debtor (Defendant)

CASE NUMBER: 11-04-CV-999999 ACKNOWLEDGEMENT OF ASSIGNMENT OF JUDGMENT AND NOTICE OF ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT (CCP §673)

COMES NOW Arnold Assignee, and my address is 100 Fake Avenue, Milpitas, CA 95035, Assignee Of Record in this matter, and hereby provides the following in support of an ASSIGNMENT OF JUDGMENT:

1) THAT this original Judgment was awarded by this court on 03/29/2010.

2) THAT Plaintiff was awarded $25,000.00, and Court approved Costs of $500.00 (which totals as $25,500.00) on 03/29/10, against Defendant: Dan Debtor.

3) THAT there have been no renewals since the entry of said Judgment by this Court and that Plaintiff has already received $0.00 payment on this Judgment from the Defendant.

4) THAT Arnold Assignee of 100 Fake Avenue, Milpitas, CA 95035, is the current Assignee Of Record.

5) THAT the last address of record for the Judgment Debtor(s) are: Dan Debtor, 444 Cheaters Lane, San Jose, CA 95122.

6) THAT I, Arnold Assignee hereby transfer, and assign all title, rights, ownership, and interest in this Judgment to the following person: Paul Plaintiff of 100 Fake Avenue San Jose, CA 95112

Signed this 32nd day of February 32, 2012 in the City of: Milpitas, California

Arnold Assignee - Assignee of Record

State of CALIFORNIA, County of SANTA CLARA, before me, (Print Notary Officer Name, and Title)

The Signator personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.

Signature - Notary Public in and for said County and State

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When A Summons for Credit Card Debt Is Unanswered

If a debtor fails to answer a summons for credit card debt within the given period (usually 20 days) junk debt buyers, collection agencies, and creditors will not waste time collecting the payment if they are awarded a default judgment.

If you are given 20 days to file an Answer to the summons for credit card debt and you failed to do so within the given timeframe, your creditor will start their collection efforts as early as the very next day they got a default judgment. These guys don't mess around either. Once a default judgment is awarded to your creditor, they have legal access to your bank account and garnish your wages.

Your creditor expects you to ignore the summons for credit card debt. They expect you to give up and hand over the payment for the debt you allegedly owe them. They expect you to not respond to the summons and hijack your bank account through the power of a default judgment. So the question is, will you allow your creditor to empty your bank account and garnish your wages?

If your state allows a certain percent of your wages to be garnished, you might receive an order from the court asking you to appear at a Garnishment hearing. However, your creditor will still discover where you work, how much you make a month, and dock your check at the highest percentage allowed in your state.

Though it can be quite disheartening to receive a summons for credit card debt, it is important to fight back and not let these bottom-feeders take whatever they get their hands on. Don't make it easy for them to win their case respond to the summons for credit card debt right away. This way, your creditor has no chance of being awarded a default judgment, which will give them legal access to your bank account, employment and personal information as well as put lien on your property or garnish your wages as repayment for the debt.

The key is to conduct as much research as you can about the steps you need to take in order to effectively defend yourself in court even without the help of an attorney. Of course, you still need to check local court rules even if you have an attorney representing you in court. Knowledge is power and you need to know what you are up against even if you are not defending your case Pro Se.

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Credit Card Debt: How To Avoid The Cycle of Debt

The numbers of people who are facing mounting card debts are on the rise. While it's true that credit cards have numerous benefits, it can cause one's financial situation to spiral out of control quickly if he or she is not able to use cards responsibly. Because credit card companies make it so appealing to enroll for a card via perks, bonuses, zero interest purchases and special privileges, more and more people are using cards much more than debit cards.

Multiple purchases lead to accumulated debts and with high interests, one can expect to pay more than he or she should. Skipping a single payment and you end up with a shocking monthly bill. In this article, we will discuss several ways to avoid getting trapped under multiple financial obligations brought on by credit cards.

Pay in Full, Pay On Time

Nothing beats paying your bill on time and in full to quickly get rid of accumulating interest on past purchases. On the other hand, if you do not have sufficient funds to pay off your bills in full, make it a point to pay above the minimum payment requirement. By lowering your outstanding balance, you improve your own credit score.

Read The Fine Print!

It's important to read everything you need to know before you apply for credit cards. Check the interest rates, grace periods, and the fees and charges that come with using the card. Stay away from credit cards that require annual fees. In addition, interest rates can be negotiated so it's best to inquire about this when you talk with your would-be creditor.

Check Your Monthly Statement

In some cases, card companies will increase without prior notice and for no apparent reason. To make sure you are updated all changes, check your monthly statement religiously. Even if you paid in full, you should always check for changes in the interest rates.

No to Cash Advance

No matter how tempting it might be, avoid taking out cash advance offered by your card company at all cost. Cash advance have higher interest rate with no grace periods, something that most cardholders are not aware of.

Avoid Using Your Card For Everyday Purchases

It's best to use cash instead of cards for everyday purchases like groceries, fuel, watching a movie, etc. Using credit card can become quite addicting if you use it every chance you get so if you have the funds, always use cash.

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Judgment Debtor Negotiations

For both judgment debtors and judgment creditors, there are many advantages to settling the judgment between them, when compared to the typical protracted enforcement procedures to recover a judgment. My articles are my opinions, and not legal advice. I am a Judgment Broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.

It takes two to tango. For judgment creditors, what is required is a realization that judgments are not cash and that (e.g.) half of something is better than all of nothing. In judgment recovery, everything depends on the judgment debtor. In certain situations, with poor debtors for example, when one compares settling for a small fraction of what is owed; with the judgment debtor filing for bankruptcy, the small fraction settlement is a big win.

For judgment debtors, what is required is an understanding that if they have available assets, including any personal assets with value; they are far better off by settling. If they do not settle, they may be exposed to potential legal actions to recover the judgment against them, over the long term. Some enforcers have levied the family pet! Settling avoids a lot of stress and avoids extra costs; for example the accruing interest owed, expenses the creditor incurred at the court, the Sheriff, and possibly process servers.

If either the judgment creditor or the judgment debtor is not realistic and flexible enough, settlement efforts will not succeed. The judgment debtor requires more than a desire to settle, they also need the money to settle with. When judgment settlement works, the judgment creditor gets paid; and the judgment debtor gets their judgment satisfied, so nobody can ever legally bother them about that judgment anymore.

The number one thing that goes wrong in settlement agreements is when the judgment debtor fails to pay the judgment creditor. The creditor must take care to put in writing, that should the judgment debtor fail to pay the agreed amount on time; the settlement agreement is void, and the full amount is now due, and judgment enforcement actions will be attempted and repeated until the judgment is paid.

Without threatening the judgment debtor in any way, politely remind them of the probable expenses, hassles, and time duration for regular judgment enforcement procedures. Without making any kind of threat, impress on them that you are serious in settling or recovering your judgment, and all of the legal options available to you, without threatening or implying that you plan to use any particular action or procedure.

Often, the first settlement offer comes when the judgment owner mails a first "demand letter" to their judgment debtor. If the judgment is old enough for some interest to have accumulated, then one may decide to offer some discount for all, or a portion of the interest owed, in exchange for immediate payment.

In all settlement offers, it is best to include a time limit. Typical time limits are between ten to thirty days. If the judgment debtor flakes or snoozes, they lose. Any subsequent offers should be less advantageous to the judgment debtor than your previous offers. That way, the judgment debtor will see that the longer they procrastinate, the more difficult it will be for them to get any kind of discount.

If your judgment debtor starts making settlement offers or counter-offers, that is progress, and you should "strike while the iron is hot". Respond to any offer initiated by the judgment debtor with a counter offer that is better for you, than their offer. For example, if their first offer to pay you $90 a month for 26 months, you might come back with your proposed offer of $125 a month for 19 months.

When a debtor makes you an offer, you can assume their offer is one they are comfortable with. What you might not know is whether their offer is the best they can reasonably pay. Answering them with your counter-offer may reveal what they can really afford to pay. Getting some money every month is better than not getting any money.

If your debtor really cannot afford to pay more than their first offer, accept their first offer. If they ask you to give up all the interest owed, you might agree to discount or omit the interest only after they have promptly fulfilled all of the terms of the agreement.

Whenever you reach a settlement with your judgment debtor, make sure that every detail is ironed out, and everything is in writing. Approach the judgment settlement in a businesslike fashion. Make it crystal clear that if the debtor fails to adhere to the specific terms of the agreement, all deals and discounts are void, the full amount is due, and you will be free to recover the judgment with gusto.

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Why Are Video Depositions Used by Law Firms?

An individual cannot always provide their testimony in a traditional court setting due to various reasons. Video depositions are a recorded oral testimony that is transposed to written transcripts for later use by the court or as part of the discovery process. The recording is carried out by the lawyers with the help of a professional reporter, and the process does not include the judge. Depositions are frequently performed pre-trial; however, they can be completed during the proceedings when certain circumstances such as illness prevent the individual from appearing. They are used before trial as part of the preparation portion to gain the necessary information for the actual proceedings. A subpoena is given to anyone who is not directly involved with the lawsuit, whereas the lawyer is notified of this need for individuals who are part of the legal action being considered. Video equipment is set up in a conference setting to record the given testimony and the reporter creates a written transcript with a stenography device to further document the event.

How are Depositions Taken for Civil Court Proceedings?

Depositions are considered the same as an in-trial testament since any party involved can be present to ask questions. The same oath is given by the reporter, just as a witness would provide when testifying in front of the judge. The reporter then uses a stenograph to transform the spoken word into a written transcript. Video recording is completed at the same time to supply additional information accuracy for review by counsel or the court. The requesting attorney performs a direct examination where the witness must answer every item verbally. A cross-examination by the opposing counsel can be performed after direct questioning is over. This process often occurs many times before the testimony is finished and objections are allowed throughout the process. Involved parties can object to how a question has been asked or assert a privilege. Any other objection is not allowed unless the information is being delivered in an actual court setting.

Video depositions serve two main purposes: to gather information before a trial begins and as a preservation method for a needed testimony. Common uses include questioning police officers who first arrived at the scene of a crime or for witnesses who cannot make the specified date. The questioned witness will tell what they saw before the event, during the event, or after the event took place and then answer anything necessary to clarify the provided statement. A videotaped testament is used to put together a case or as evidence to be reviewed in a trial. The recording is stored by the reporter or put away in an evidence room and is only accessible by both sets of counsel before or for the duration of the proceedings. Video offers a little more insight to the witness testament since they allow those reviewing the event to see individual demeanor while answering. Law firms use this process to acquire certain knowledge necessary to put together a stronger case. Depositions are required by the court in some cases, depending on the importance of a witness. Service providers offer full production facilities to companies or law firms when this form of testament is necessary.

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Guide in Choosing a Defense Attorney

When you have been arrested for a criminal offense, you have no choice but to seek legal counsel to represent you before the court. Finding criminal defense attorneys is tough, though. Here are some things you need to keep in mind.

1. Choose a specific lawyer. Hardly any lawyer will cover a wide range of cases. Usually, they concentrate within a given field. Some focus on tax cases, while others attend only to civil cases. Others deal with domestic crimes. So, look for one who has represented clients with similar cases as you have.

2. Experienced lawyers are preferable. A reputable federal defense attorney has enough knowledge, which is an advantage on your part. But his services would cost much more than the services of a new lawyer. Those who cannot afford private legal representatives can go for public defenders. The court may provide you with a public attorney, but his time and effort for the case may be deficient, as he may have other clients too.

3. Seek lawyers from well-known organizations. Groups like the NACDL (National Association of Criminal Defense Lawyers) have a list of lawyers with substantial experience in handling criminal cases. They are your best bets.

4. Check out law firms. You may be phoning friends to provide you with recommendations, but you might only be dismayed. Instead, you can search for criminal law firms, which can provide the right legal counsel for you.

5. Do not hesitate to ask questions. What kind of questions should you ask? You can start by asking who's going to handle your case. Would he be handling the case personally or will he send an assistant lawyer to handle the case instead? Also, do not be afraid to ask about the number of cases he has won. Good lawyers will not hesitate to tell you the correct figures.

6. Trust lawyers who say what they can do with your case. If their introduction is charges and fees, head for the door and look for another criminal defense attorney. Good attorneys do provide free advice.

7. Ask about the charging schemes. Lawyers have different ways of charging for their services. Some charge fixed payments, while others charge on an hourly basis. At the same time, many lawyers also pass on expenses of paperwork to you. Make sure that payment schemes are clear from the beginning.

8. There is no such thing as the best lawyer in town. Attorneys should not brand themselves as the best. Some may have won all their cases, but that does not mean that they are the best for you. The most reliable way to know if a lawyer is good enough for you is to meet him personally first. Interview him and ask him questions, then see if you are comfortable with him.

9. Do a background check on your attorney. Talk to former clients of the lawyer and ask them how their lawyer dealt with them and their cases. There is nothing more convincing than testimonies from real people. You can also look up the attorney's name online and read the feedback on him there.

Keep in mind that a defense lawyer will not necessarily ask the court to clear you of all charges. If the evidence is powerful, the lawyer may ask the court to lower charges against you. In many cases, proof can be challenged, and that is why criminal court cases can run for so long.

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Civil Rights Attorneys: Is Settling a Law Suit Better Than Going to Trial in Court?

There are three primary reasons why a civil rights attorney would rather settle a lawsuit rather than leaving it up to a judge or jury to reach a verdict. The first reason is that litigation in a court room trial can be much costlier, in regards to court and attorney fees. The second reason is litigation can be very slow as it can take years before a verdict is reached, and thirdly, litigation is public. Every document filed in court and every court hearing is publicly available. However, it's not all cut and dry and a civil rights attorney has the responsibility of developing your case or civil matter to receive the best settlement offer or dispute resolution while also enabling you to receive the maximum value.

The best civil attorneys win the most settlements outside of court and thus avoid costly, exhausting and lengthy trials. When settling out of court is impossible then you're only option is to go to file a lawsuit and go to trial. After the lawsuit has been filed with the court, the discovery phase begins. The discovery phase can last for months and is basically the gathering of information by parties, the defendant and the plaintiff, which is used to build their case when it proceeds to trial. During the discovery phase, most civil attorneys will continue to attempt to settle out of court by attesting that they have a stronger case. Settling out of court is far less expensive than a trial and the negative publicity that can result from a civil trial provides motivation for big businesses to settle out of court unless they have an iron clad defense.

The Bureau of Justice Statistics stated, in 1995, that civil juries award punitive damages in only 6 percent of successful lawsuits. If you have a substantial amount of evidence the risk of going to court may be worth it as it may be more beneficial. Sometimes a settlement offer is a lowball offer intended to avoid much higher damages resulting from the defendant losing in court. The best civil law attorneys know whether or not to advise their client to decline an initial settlement offer and go to court. However, when a settlement is placed on the table, the choice of whether or not to accept the offer is ultimately not a decision that a civil attorney makes, it is the client's. Sometimes a plaintiff will choose to settle out of court just to get on with his life, avoid unfavorable publicity, or because they are out of work as a result of the injury and need a source of income. There can be many issues encompassing a civil case and the best civil attorneys know how to work in the best interest of their clients and bring these issues to light as well as having the resources to properly mount a strong civil case.

The best civil attorneys have investigators, experts and a wealth of resources on hand to find and highlight the strengths of the case. They will also know to find the weaknesses of the other side's evidence and your evidence and present it in a way that is beneficial to their client. The best civil attorneys won't gamble your case, but rather make a clear and complete assessment of the risks and have 20/20 foresight on litigation. They will advise their clients accordingly and weigh a complex mix of factors including:

The strength of the case, which may contain both factual and subjective evidence. History of previous awards and court decisions. The character of the jurors or judges and the likability of the plaintiff and defendant. Amount the lawsuit is worth and whether it's worth going to trial for in terms of time, costs and emotional stress. The ability to obtain judgment and enforce it.

Every case must be analyzed on an individual basis and the best civil attorneys know you have to know everything about a case before making a decision to settle or go to trial.

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Roles of Notary Stamps and Notary Supplies

If I ask you a question, a person without having any name does exist in this word? The answer will be- no. The people who are highly ambitious and doing jobs in any company, will they be agree playing role for that company without having any designation? The answer is- no. So, a notary public without their designation and stamp is possible- not at all think.

A notary public is a public officer by law to serve the public usually about states, deeds, powers-of-attorney, and foreign and international business, marriage etc. In a sentence a notary's main function is to help people by legal way. A notary also acts as a non- biased witness to deter fraud and to make sure they have entered into agreements knowingly and willingly. A notary's duties can vary depending on the authorizing state laws and rules but some basic duties are always common. All Notaries are liable to know and honor their duties and have to fulfill their responsibilities for public.

To do this job previously mentioned, a notary must need good notary stamps and supplies. These seals may be purchased from any stationers and tool-and-die makers. Values and qualities of stamps are also very important considerations when a notary wants to purchase a notary stamp.

Several types of notary seals are available like from the traditional hand rubber stamp to a self-inking notary stamp which requires no ink pad. There are others, as in corporate seal and kits, specialty embossers, custom rubber stamps, date stamps, XStampers, electric embossers, stock rubber stamp, Line number stamp, stamp pad and ink, numbering machine, art stamps, monogram stampers and so many. Sometime old seal may be impaired and makes it impossible for the seal to make enough impression on a notarial certificate. In that time, the portion of the seal that leaves an ink impression or embossment must be destroyed. If a notary wants to change his or her name for any reason, it is always suggested that they have to purchase a new Notary seal and need to obtain a Change of Name form from the Secretary of State.

The notary's seal brand provides important information such as name, commission number, commission expiration date, and state of commission etc. The most commonly used seal style is the notary commission ink stamp (a self-inking stamp can be re-inked). The embossing seal is also widely used. Notary people in most of the states are required to record each notarial act in a notary record book, but it is not compulsory task.

In sum, not a notary's job is important. To fulfill this purpose a stamp is also important- without it all services given by them could be valueless.

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How to Become a Nigerian Citizen

You wish to be a Nigerian citizen or you simply want to know what the law says about how to become a Nigerian citizen? This article is for you. The 1999 Constitution of the Federal Republic of Nigeria as amended is our guide in this discourse. Section 25 of the Constitution defines who is a Nigerian citizen and also lays down the criteria to become one, if you are not one yet.

The constitution recognizes 3 types of citizenship and stipulates the requirements to become each of them. The 3 types of Nigerian citizenship are:

1. Citizenship by birth

2. Citizenship by registration

3. Citizenship by naturalization

For the purpose of clarity each of the types will now be treated in greater details.

Citizenship by Birth

Who is a Nigerian citizen by birth?

1. Every person is a Nigerian citizen by birth if:

(a) he was born in Nigeria before October 1st 1960 i.e. the Nigeria's date of independence

(b) either his parents or grandparents belonged to an indigenous Nigerian community

(c) either his parents or grandparents was born in Nigeria.

2. Every person is a Nigerian citizen by birth if:

(a) he was born in Nigeria after the date of independence, and

(b) either his parent or grandparent is a citizen of Nigeria

3. Every person born outside Nigeria either of whose parent is a citizen of Nigeria is also a Nigerian citizen by birth.

It could be seen from above that Nigeria, unlike the United States, Britain and some other nations of the world, does not give citizenship by birth to anyone merely on account of being born in Nigeria. So, that is the plight of a non-Nigerian born in Nigeria but there are other options for him.

Citizenship by Registration

Only two sets of non Nigerians can acquire this form of citizenship. They are:

1) a foreign woman who is married to a Nigerian citizen, and

2) any person of not less than 18 years of age and of capacity born outside Nigeria, any of whose grand parents is a citizen of Nigeria.

Any of these two people may apply to be a Nigerian citizen by registration. The President of Nigeria may register such person if he is satisfied that:

(i) the person is of good character

(ii) he /she has shown a clear intention of desire to reside in Nigeria, and

(iii) he/she has taken the prescribed Oath of Allegiance to Nigeria.

A non-Nigerian applying for registration must renounce his /her citizenship of another country of which he/she is not by birth within 12 months of being registered as a Nigerian citizen.

Citizenship by Naturalization

Any non-Nigerian can be granted a certificate of naturalization if such person is able to satisfy the President of Nigeria that

1. he is a person not less than 18 years of age and capacity

2. he is a person of good character

3. he has shown a clear intention of desire to be domiciled in Nigeria

4. he is, in the opinion of the Governor of the State where he resides or plans to reside, acceptable to the local community in which he is to live permanently and has been assimilated into the ways of life of Nigerians in that part of the country

5. he is a person who has made or is capable of making useful contribution to the progress of Nigeria

6. he has taken the prescribed Oath of Allegiance of Nigeria

7. he has immediately prior to the date of his application either

i. resided in Nigeria for a continuous period of 15 years or

ii. resided in Nigeria continuously for a period of 12 months, and during the period of 12 years immediately preceding the period of 12 months has resided in Nigeria for periods amounting in all to not less than 15 years.

However, the constitution requires a person who has been granted a certificate of naturalization to renounce his citizenship of any other country. This applies only to his citizenship of any other country of which he is not by birth.

It must have been seen from the above that acquiring citizenship by naturalization is only possible where a person has resided in Nigeria for a total period of not less than 15 years. So the number of years is just the main criterion here.

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Credit Card Debt Relief: Tricks to Watch Out For

Facing credit card debts is challenging particularly at this time when the economy is at its worst. Unfortunately, some unscrupulous companies are trying to capitalize on this worsening problem, taking advantage of unsuspecting victims who are trying to find card debt relief. Essentially, all credit card debt relief scams offer the same thing, they promise people relief from debt later for payment now.

Several years ago, lump-sum debt settlement was the number one debt relief scam because fly by night companies charges exorbitant fees before their customers even pay their creditors, which is a step back towards better credit management. Thanks to new federal rules, formalized in 2010, it is now illegal to ask for upfront payments for debt settlement services. In this article, we will discuss various scams you should watch out for as you find credit card debt relief programs.

Redemption Certificate or Bond For Discharge of Debt

The Federal Reserve Bank and the Office of the Comptroller of the Currency has identified this credit relief program as a type of "fraud" because this may cause criminal liability to the debtor. So don't enter into any agreement without reading the contract or seeking the help of an attorney.

Arbitration Awards

Unfortunately, many credit card agreements still feature an arbitration clause in them. This clause states that you and your card company agrees to settle disputes with arbitration, not court action. This means you will be charged hundreds of dollars when you get an arbitration award from a licensed arbitration firm that says you do not owe any money on your account. Anyone who uses this strategy risks having poor defense for any potential court action.

Companies That Purchase Your CC Account and CC Debt

Some credit card agreement indicates that an account may be sold to another entity. However, because credit card debt are unsecured type of loan and being handed to a corporation, card banks will have no choice but to charge it off.

Novation

Novation refers to the substitution of a new contract for an old one or the substitution of a party in contract with the other party. The act of using the card under the new contract is regarded as the holder agreeing to the new terms and conditions. It's important to check the new terms and conditions as most card company use this type of agreement to trick you into not paying your bills without establishing a legal defense or dispute for doing so.

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4 Civil Summons Mistakes to Avoid

Receiving a court summons for unpaid credit card debts is understandably worrisome. However, this is the kind of situation that could easily be prevented by being vigilant with your own financial obligations. In this article, we will discuss the four mistakes you need to avoid once you got served.

Don't Ignore the Summons!

Problems will not go away on their own especially if it involves a potential lawsuit so never ignore the court summons. In fact, once you got served, you need to act fast and acknowledge the problem by crafting your own Answers. Creditors are counting on delinquent borrowers to ignore the summons so they can follow through with their threats.

That said, do know that some creditors send out fake summons so if you got served, it's best to check with your local courthouse and verify the summons.

Respond to the Summons Immediately

Don't let guilt stop you from responding to the summons within the given time frame indicated on the document you will receive. Even if your debt is valid, within the SOL and you want to negotiate a deal with your creditor, you still need to respond to the Summons by crafting your Answers. If you fail to respond to the summons, your creditor will be granted a default judgment by the court, you not only lose the case, you are also expected to pay your creditor's legal fees.

Not Watching Out For Dirty Tricks

Your creditor may pull a fast one on you such as suing you in court rather than using the Sheriff to serve the summons. You should not tolerate this very sleazy practice. Unfortunately, some delinquent borrowers do not get to receive their summons because it was handed out improperly using a special process server instead of a Sheriff. As a result, the borrower won't have enough time to respond to the summons and the debt collectors are awarded with a default judgment.

Not Consulting a Lawyer

It's possible to face the lawsuit and defend yourself on your own. All you need to do is gather as much information as you can about representing yourself and fighting your creditor in court. However, you still need to consult an attorney. This way, you will know added information on how to defend yourself in court when negotiations between you and your creditor breaks down.

Don't be a victim of abusive creditors threatening to garnish your wages or freezing your bank account. With the right information, it's possible to defend yourself in court without hiring an attorney and win your case.

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