Everyone has a legal issue at some point in their life. Here are ten common ways the law can cross your path, and some tips to help you through it:
1. Make a will. Things can get messy if you don't, and you won't be around to sort it all out. You should decide now who will inherit from you, and who won't, and name a guardian for your children, among other things. Additional estate planning documents are often made at the same time as a will: a trust (if needed), powers of attorney and a living will (saying whether you want them to pull the plug). Estate planning allows you to control what happens to you and your assets, and it can save your family from having to make some difficult - and often contentious - decisions.
2. Sign a prenup. You don't have to be rich or famous. If you own a business or have children from a previous marriage, or simply want to keep some of your property separate, give it some thought. A prenuptial agreement can spell out what happens in the event of divorce or death. But don't write it up on your own. Make sure you and your soon-to-be spouse each consult with an attorney. Be upfront and disclose everything. An invalid prenup will get thrown out by the court.
3. Know your rights in an Illinois traffic stop. If you are pulled over by the police, be cooperative and polite. You'll probably be asked for identification, registration and proof of insurance, and you should comply. If the officer asks you questions about where you were, where you're going or whether you've had anything to drink, you do not have to answer. If they ask to search your vehicle, you have the right to say no. You also have the right to say no to roadside sobriety tests.
4. Deal with debt. It's easy to get overwhelmed. In many cases, if you deal with your debt instead of ignoring it, you can negotiate lower payments or a reduction in the amount you owe. Try to come up with a payment plan. However, beware of the debt elimination companies you see on TV. They do not have the success rate that they claim, and it's often not worth the cost.
5. Take bankruptcy seriously. There are some definite benefits to filing for bankruptcy. Collections calls stop. You have the opportunity for a fresh start. But don't jump to conclusions - make sure it's a good fit for your specific situation. Bankruptcy doesn't erase all types of debt, and it stays on your credit history for years. There may be a less extreme way to solve your problem. The bottom line: get some professional advice before making a decision.
6. Get help. Speaking of professional advice ... talk to an attorney. No matter what type of legal issue you're facing - injury, divorce, real estate, employment, consumer - an initial consultation is usually free. You are under no obligation to hire the attorney you talk to, and it's confidential. There's really nothing to lose, except maybe an hour of your time. If nothing else, it will give you peace of mind.
7. You aren't entitled to your job. The majority of people can get fired for anything. Well, almost anything. Illinois is an at-will employment state, meaning that your employer does not need to give you a good reason, or any reason at all, when they fire you. In fact, they don't even need to give you notice. There may be an exception if you have an employment contract. What employers do have to do is pay you what you've earned. And of course they can't fire you for an illegal reason, such as race, religion, age, gender, etc.
8. Fight foreclosure. If the bank has taken the initial steps toward foreclosure, don't just sit there. In many cases you still have options that can help you stay in your home. Talk to a loan modification attorney, who can help you negotiate with your lender, or a foreclosure defense attorney who can protect you during the process and make sure your lender is following the rules.
9. Show up for court. If you have a court date, for any type of case, do not skip it. If you're accused of breaking the law, including traffic offenses that are misdemeanors, missing a court date can result in a bench warrant. This means that you can be arrested at any time. If it's a civil case, like debt collection or injury, you can lose the entire case if you don't show up. There will be a judgment against you, and your wages can be garnished in order to satisfy that judgment.
10. Beware of insurance companies. If you've been injured on someone else's property, or at work, or if you've been in a car accident, you'll probably end up dealing with the other party's insurance company. Remember that the adjuster, no matter how nice, is not on your side. They will make a low offer and even tell you that you don't need an attorney. The best thing to do is ignore their advice. Hire an attorney who knows how to negotiate with insurance companies. It will almost always increase the value of your claim (which is why they tell you not to do it).
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Michael Helfand
2 days, 7 hours ago