Tuesday, September 1, 2009

Understanding the Need For an Expert Witness

The information that is offered by one is much difference than the information offered by the other.The factual witness The factual witness is an individual who knows facts about the case. For example, someone may be a witness to a murder, so they know facts about the case. They saw things and they know things that no one else has seen or knows. They have to give this information to those inthe courtroom in order to be admitted as a type of evidence for the case.
What they do is they take an oath to tell the whole truth about what they know. They then give
this information. It is the lawyer or prosecutor's job to find discrepancies in the witness's
statement. If they do, that can indicate that the individual is lying or they just need help clarifying some things. Once things are clarified and the jury has a clear picture of that witness, they are able to have more data to help the make an informed decision about the case.

The expert witness

The expert witness is a completely different entity. For example, the expert witness will be a
doctor, a scientist, or someone who is a professional. They are an expert in a particular field.
And there is no limit to the number of fields that individuals can be experts in when it comes to
expert witnesses. Even a Botanist may be called to the stand if a certain kind of flower was
found at the crime scene.

Murder trials and other crimes committed against another human being are frequently cases
where an expert witness is needed. Perhaps the coroner needs to testify about an autopsy.
They'll talk about what it is that led them to come to the cause of death conclusion. An expert
witness may also give their expert opinion about something, such as something being possible
or not. Forensic scientists and even dentists can be called up to the stand regarding crime
scene evidence and such things as dental records.

The importance of the witnessEither way, these are very important witnesses. In a trial, it is important that all of the possibilities, impossibilities, evidence, eyewitnesses, and expert witnesses are laid out in front of the jury. This is important to ensure that someone who is innocent is not sent to prison for a crime that they didn't do. The opposite is true as well. Not having sufficient evidence or witnesses can result in a guilty individual being let go, which means they could commit the crime again.

So if you are an expert in a particular field, you could become an expert witness. You never
know when your expertise is needed. And if you find that you have been witness to a crime, you
may be called to the witness stand to go over what you have seen or heard. All of this
information is very important in order for the jury to establish innocence or guilt. This can make a huge difference in many lives and a difference in the world. When the guilty party is put away,
the world is a safer place.
Find more info on how to get an - L clipboardForensic Accounting or an expert opinion from a certified Forensic Accounting toxicologist or visit Aquinaught Legal Services blog for more interesting articles.

Monday, July 20, 2009

Tips For Forensic Accounting

Forensic accountants are specially trained to apply the knowledge in auditing, accounting and finance as well as utilizing the investigative skills to uncover the truth in illegal financial activities, assist in investigating potential crimes and form legal opinions.

Here are some tips and advice on forensic accounting for those who are interested to get involved:

1. Avoid yourself from getting involved in any scandal by improving your internal controls

In today business world, there are many business owners who allocate budget to hire forensic accountants to assist them in analyzing their existing business practices and processes, making recommendations for improvement, helping them to minimize fraudulent activities in the company. As a result, as a forensic accountant, you must always provide your service in a professional and effective manner.

2. Equip yourself with good public speaking skill and effective presentation skill

A forensic accountant sometimes needs to provide assistance in legal proceeding, including testifying in court as an expert witness. Therefore, a forensic accountant must have good public speaking skills and they must have full exposure in doing presentation.

3. Always find opportunities to upgrade yourself with necessary skills and knowledge

Forensic accountants should always upgrade themselves by attending extra academic courses, trainings, seminars and forums in the related field to make themselves more marketable in this specific field.

4. Forensic accountants have to possess multiple skills by combining the skills required as professional record keeper, a paralegal and an investigator.

Forensic accounting requires one to possess the ability to interpret facts, analyze data, think logically and he or she must have the sensitivity of figures. A capable forensic accountant must possess the personal characteristics as follows - calm, curious, persistent, organized, confident, creative, fair, strict, determined, and so on and so forth.

Thursday, April 24, 2008

A bad credit problem

A bad credit problem may have an effect on future borrowing, insurance premiums, and even acquiring employment. Debt counseling is available on the Internet for the consumer with bad credit problems. Look for a debt counseling agency who is accredited by the National Foundation for Consumer Credit (NFCC) when seeking answers. Find out the fees charged by a credit-counseling agency before enlisting their services. Some agencies offer a debt repayment plan which may only include unsecured debt such as card debt and other high interest loans. Financial issues may have some resolution through a debt counseling agency but make sure the agency is reputable. Find out how their program is tailored for a bad credit problem and if they will be able to eliminate or lower interest rates with current creditors.

Financial trouble won’t go away with the enlistment of a debt-counseling agency. A plan will need to be set in motion to try and repair a bad credit problem. The consumer has options online through various companies to get help with financial repair or choose to tackle this themselves. Some institutions online offer help with financial repair for bad credit problems. Do some research and check out various types of organizations. Many will charge fees for these services. If the consumer uses a company who specializes in debt consolidation loans they may have staff that can offer needed assistance. Learning to live on a budget and not use high interest cards for purchases are a good place to start. With any plan of action reform is needed along with that plan. Understand the reason for the bad credit problems and don’t make the same choices the next time around.

Some useful tips regarding a financial issue might include avoid impulsive spending, stop using high interest cards for purchases, make up a budget and stick to it, don’t make high-risk investments, don’t co-sign for someone who has questionable financial habits, and don’t buy on cards when it is unnecessary. Consumers with for bad credit problems can find assistance with their financial issues online and locally. The local phone book is a good place to start searching. Being a good steward with money is essential when trying to overcome a bad credit problem. There is a lot to be said for learning to live within one’s means. “Thou oughtest therefore to have put my money to the exchangers, and then at my coming I should have received mine own with usury.” (Matthew 25:27)

Consolidate Credit Card Debt - Eliminate Credit Card Bills Without Bankruptcy

If you are tired of running around with several credit card balances, loan repayments with various interest rates, or you simply want something more convenient, a credit card debt consolidation loan may be the best program for you.

All Loan Repayments in One Easy to Manage Monthly Bill

A debt integration loan will permit you to have simply one loan refund per month that will wrap all of your new loan repayments that qualifies. Your recognition cards and your medical bills are better examples of some of the unsecured loans that will qualify for reporting with a debt integration loan.

Unsecured or Secured Consolidation Loans

Interest rates shall be lower with a secured efficient debt integration loan than it will be for an unsecured one. You can opt to acquire additional financing on a secured loan because you will get collateral in your home. It’s known that unsecured integration loan are seen as a high danger for the loan party, which means you will get higher interest rates and a shorter repayment scheme at a lower whole price compared to the secured integration loan.

Even if your financial character grade is low, you will yet be considered for a locked integration loan. Your current financial status and the loan terms will determine if a secured or unsecured plan is the correct one for you. You might get to ratify your home over as collateral if you have a terrible financial grade.

Learn about Different Types of Consolidation Loans Available Online

One of the best ways to discover about distinct debt integration loans is to look online for data about prospective loan integration lenders. Request quotes from lenders and hold course of each party’s interest rates, the terms being laid down and what sort of loan payments will be qualified for coverage.

Add Up Your Bills and Determine Your Repayment Amount

You can calculate the overall refund sum for all qualified loan bills. This financial information will be needed before you can request a secured debt integration loan. You might want to check the difference between the refund total you are presently paying with the overall refund sum for each one of the quotes you will receive. To find the best consolidation loan, you must be able to study and cross-reference the different terms of the loans being offered at hand from each individual financial institution.

Crushing Credit Card Debt

The average American family is now over $7000 in debt just on their credit cards. That debt generates an interest charge of over $105 each month if your card charges the average 18%. If you have missed a payment or made a late payment (even by one day!), you may be paying up to 27% interest or over $157 each month.

Most credit card companies require a modest payment towards the card balance. Modest meaning from $10 to $20 a month. To pay off a $7000 debt at $20 a month you will not pay off this debt for 29 years.

And what about those interest charges? Paying off a $7000 credit card debt charging an interest rate of 18% and paying $20 a month towards the debt, you will pay over $18,400, more than TWICE the original debt, just in interest.

What if you have more than one card? What if your debt is over $7000? What can you do? How can you get out of this hole?

There are some techniques that can help you pay off your debt and do not require expensive loans, invasive credit checks, or expensive financial planners and accountants. You can also save on interest charges by paying off your debts in a certain order.

The most effective technique is sometimes called the “snowball” method. The snowball method suggests that when you pay off one debt you apply that payment amount to the next debt. Thus the amount you pay on a debt grows like a snowball rolling down a hill.

For example, you have three credit cards with debts of $5000, $4000, and $3000 which are charging you 18%, 27%, and 12%, respectively, and you are paying $150, $125 and $100 each month. By paying these required monthly amounts you will pay off your $3000 credit card first.

Now that the $3000 card is paid off you have an extra $100 a month. Put that extra $100 toward paying off your next credit card debt. Now you are paying $225 a month on the $4000 card and the $150 on the $5000 card. With this accelerated payment on the $4000 card you will pay off the card earlier and save some money on interest charges.

Then apply the $225 payment to the $5000 card for a monthly payment total of $375. Soon this card will be paid off and you will have $375 extra each month to pay off other debts or better yet, INVEST!

So, which debts should get paid off first?

Generally, you want to pay off the debts that are charging you the highest interest rates first. In the above example you could have added the $100 payment to the $5000 credit card rather than the $4000 credit card. But the $4000 credit card is charging you 27% where the $5000 credit card is charging 18%. By paying off the card charging the higher interest rate first, you will save some money on interest charges.

If this sounds too confusing, you can enlist your computer. You can search the Internet for the keywords “debt reduction calculator” or you can visit http://www.simplejoe.com/debteraser/index2.htm and review a product named Simple Joe’s Debt Eraser.

Simple Joe’s Debt Eraser helps you create a Rapid Debt Reduction Plan that is customized to your debts and your situation. Just enter your debts and the amount you can afford to pay each month. The software will create a plan telling you how much to pay towards each debt each month until they are all paid off.

You CAN pay off your debts. The trick is to stop charging purchases to your credit cards and develop a debt reduction plan. Your plan should include “snowballing” your payments and prioritizing the debts by high interest rate.

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© Simple Joe, Inc.
David Berky is president of Simple Joe, Inc. which sells the Simple Joe’s Debt Eraser PC software. Debt Eraser can help anyone get out of debt quickly and inexpensively by creating a Rapid Debt Reduction Plan. This article may be freely distributed as long as the copyright, author’s information and an active link (where possible) are included.

50 good things about being debt-free

I had a song running through my head when I was thinking about debt and then had an epiphany: Not since Paul Simon advised couples on “50 Ways to Leave Your Lover” has there been such a need for a new list.

I’m always telling people that they should deal with debt, and not “slip out the back, Jack,” but maybe I don’t dwell often enough on the sugar that comes after you take your medicine by paying off those bills.

Frequently Asked Questions About Debt Collection

Can a debt collector call me late at night? No, collectors can only contact you by telephone between the hours of 8:00 a.m. and 9:00 p.m. Early morning and late night calls are prohibited under the Fair Credit Collection Practices Act. A debt collector is charged with knowing what time it is in every region of the country so as not to call someone outside the allowable hours.

Can a debt collector leave messages on my answering machine? A debt collector can leave messages on your personal answering machine until you tell him to stop. A collector cannot discuss your debt with third parties, which means that he cannot leave messages regarding your debt on your employer’s answering machine or a relative’s answering machine. He can leave is name and number though, at least until he is asked to stop.

Is a verbal payment agreement with a collector enforceable? Probably not. You should get all agreements in writing, particularly since the collection industry has a high-turnover rate. Another collector might take over your account or your account might be sold to a third party. Be aware that even a written agreement might not be enforceable if your account is sold to another collection agency. But you should get all agreements in writing anyway as to protect yourself later on if you’re sued. A good written agreement (1) sets forth all material terms and conditions; and (2) is signed by both parties; and (3) is dated.

Does the collector have to accept my partial payments? No, they do not and many of them will claim that they won’t accept a partial payment. Collectors want you to send them a lump sum payment and they don’t care if you have to borrow it from a relative, skip your car payment or take a cash advance from your credit card. So they use very aggressive tactics to scare you in to paying the debt in full as quickly as possible. But the smarter thing to do is to pay them only what you can afford to pay them. Keep paying your house and car payments, don’t borrow money from relatives or your credit card and pay them only what you can afford each month. Send it in every month even if they keep sending it back. Keep proof that you’ve been trying to send them money. This will significantly reduce your odds of being sued, as most collection attorneys know that a judge, when presented with evidence that you tried to pay the debt, will yell at the plaintiff for wasting his time with an unnecessary suit when the defendant was trying to pay the debt. Eventually, most collectors will give in and accept the partial payments.

Is my agreement enforceable against a new collection agency? It isn’t that uncommon to find yourself dealing with a new collector or new collection agency when you owe a debt. For example, if the original creditor fires the old collection agency and hires a new one, you might suddenly find yourself receiving collection calls and letters despite the fact that you have a payment agreement with the old collection service. The agreement is not enforceable against the new company unless they choose to accept it; however, sending them a copy of it would help you tremendously in establishing a payment schedule with the new collection agency.

A collection agency keeps harassing me about a debt I don’t believe I owe. What can I do? Send them a certified letter asking that they verify the debt. (Sample letters are included in our debt kit.) Verifying the debt requires that they send you copies of documented proof that you owe the debt. There is a statutory period governing them, so you need to act as quickly as possible after that make initial contact with you. You can also ask them to stop contacting you since you don’t believe you owe the debt. Once you have told them this, they are barred under the Fair Debt Collection Practices Act from contacting you to try and collect the debt or putting negative information on your credit report. They can contact you to tell you they’re giving up all collection activity or they’re going to sue you.

A collector told me that he was going to call my employer and have my wages garnished. Can he do this? Not without a judge’s signature. The Constitution of the United States guarantees you “due process.” This means that a collector must sue you and the matter must be heard before a judge before your wages can be garnished. Your employer will not garnish your wages until he receives an official document from the court ordering him to do so. Remember that most threats of this nature are bluffs; however, if you think the collector will carry out the threat, then work out a payment agreement before you get sued. Don’t let the matter proceed to this point because a
wage garnishment is hard to reverse.

Does the Fair Debt Collection Practices Act apply to major credit card banks? No, it applies only to the collection attorneys and professional debt collection companies they might hire. Original creditors are regulated by state law; however, the major credit card companies follow policies that closely mirror those of the FDCPA and will comply with your request to stop phoning you at home and work, etc., just as if you were dealing with a collection service. If you believe you have been harassed by an original creditor, or that the original creditor has done something illegal or threatening towards you, then research your state laws on the subject and contact the proper authorities to file a formal complaint. Typically, the Attorney General in your state is the proper authority to contact.