Alpharetta Attorney Blog

Atlanta Credit Card Debt Attorney Can Help Protect Your Reputation & Avoid Credit Repair Scams

Tue, 29 Jan 2013 11:49:02 -0500

High Credit Card Debt Can Damage Your Reputation & Make You Susceptible to Credit Repair Scams

While the economy seems to be slowly improving, many people are still struggling to catch up financially. Many individuals and families may need a little help managing and/or eliminating credit card debt. Having large credit card debt can be overwhelming, taking a huge chunk out of your paycheck and making it difficult to pay for everyday needs on what is leftover. It can make you ineligible to get a loan, cause you to get charged higher rates for a loan, damage your reputation and make you appear to be irresponsible to creditors and your employer or future employer. The stress it puts on your life and marriage can make life very unpleasant.

While you are looking for a solution to help manage your way out of credit card debt, you need to be aware that there are unscrupulous individuals out there who are looking to take advantage of you in your time of need. An article in the Examiner on December 27, 2012 reported that credit repair scams are on the rise across the nation and advertising for these consumer scams may appear on the radio, television, through the mail, and on the internet.

It has become harder to get credit & loans through legitimate creditors such as mortgage lenders, auto financers, credit card companies, and banks as lending guide lines have been tightened. Even people with good credit scores have found it more difficult to get credit and equity lines and have been hit with closed accounts and lower credit limits. This atmosphere of tight credit has caused credit repair and debt repair scams to pop up, looking for victims they can enrich themselves on.

Underage Drinking Can Have Serious Consequences Reaching Far into the Future

Wed, 23 Jan 2013 10:50:10 -0500

An article on teenage drinking in the Barnstable-Hyannis Patch back in August, 2012 asks the question, "Would you serve a teenager alcohol or lift a glass with one?" There are many people who might answer yes. Many of us drank alcohol before we were of legal age and it didn't hurt us, right? To some drinking alcohol is a rite of passage. But don't be fooled into complacency or think it's no big deal, because it is against the law to buy alcohol or serve alcohol to anyone under the age of 21 and there are serious consequence for anyone getting caught breaking that law.

The Substance Abuse and Mental Health Services Administration issued a report in November 2012 indicating that more than 25% of underage Americans are engaging in underage drinking. They note that there has been some progress over the years in the reduction of the number of underage drinking especially among those under the age of 17. Yet, those over 17 still have an unacceptably high rate of underage drinking.

Underage Drinking Has Serious Health Consequences

Underage drinking should not be a rite of passage, or an accepted standard of behavior as part of growing up. Underage drinking puts young people in danger and exposes others in our communities to unacceptable risks. According to government research on all types of substance abuse, alcohol is the most widely used by those who are underage and it carries with it huge health and safety risks. Some of the dangers of underage drinking include:

Death - Each year 5,000 people under 21 die in car crashes, homicides, suicides, alcohol poisoning and related injuries like falls, burns and drowning due to alcohol consumption.
Serious Injury - Alcohol related emergency room visits for 190,000 underage drinkers was recorded in 2008 alone.
Unwanted, Unintended and Unprotected Sexual Activity - Drinking impairs judgment leading to poor decisions and risky behavior which can lead to sexual activity & violence.
Increased Risk for Physical and/or Sexual Assault - Underage drinkers are more likely to be the victim or the aggressor of a physical or sexual assault.
Health Problems - Alcohol use can lead to depression and anxiety disorders. Brain development can be impaired and can contribute to a range of problems including memory and cognitive problems.
Academic Problems
Drug Use

Vehicle Accidents are Among the Leading Causes of Death in the United States

Fri, 18 Jan 2013 09:29:26 -0500

According to the Center for Disease Control in Atlanta, motor vehicle accidents are one of the leading causes of death in the United States. The CDC tracks accident statistics and does research on its findings to try to help improve car safety, infant seat safety, increase seatbelt use, and look for ways to reduce impaired driving all helping to save lives to name just a few.

Many causes of truck and car accidents are the result of driver error, driver negligence, or equipment failure. A truck accident is sometimes caused by equipment failure or improperly loaded cargo. When a driver, passenger, or pedestrian dies because of an accident that was caused because of a careless or negligent driver or improper maintenance or loading, many lives are seriously impacted starting with the families of those affected. In addition to the terrible emotional loss there is also the great burden of financial loss both from medical bills and loss of income. Every year over 30,000 people die in vehicle accidents and that figure does not take into account the large number of people who are seriously injured. Yet, deaths and injuries from vehicle accidents are largely preventable.

Georgia Ranks in the Top Ten for High Costs Caused By Crash Related Deaths

A 2005 study by the CDC estimated that the cost of vehicle accident deaths for medical care and lost work was $41 billion dollars nationwide. The CDC broke down their data to compare the cost of crash deaths by state. Georgia car accident death costs rank among the top 10 states with the highest crash related death costs.

Georgia ranked in 4th place with $1.55 billion dollars in losses. Broken down further that reflected $17 million lost in medical costs and $1.53 billion in work loss costs. These figures do not take into account those who suffer serious injury and their related medical costs and lost wages from Georgia car accidents. When individuals in Georgia are seriously injured or die in a car accident that was the fault of another, they and/or their families can get help from an Alpharetta car accident attorney to seek compensation for their losses from medical bills, lost wages, pain & suffering, and more.

Alleged Medicare Fraud May Have Also Put Patients at Risk of Serious Injury and Death

Thu, 10 Jan 2013 15:01:13 -0500

In a press release on January 4, 2012 The United States Attorney's Office for the Northern District of Ohio noted that EMH Regional Medical Center and North Ohio Heart Center agreed to a settlement of $4.4 million dollars to be paid to the U.S. to settle the case against them that they had submitted false claims to Medicare.

The Interests of Medicare vs Doctor-Patient Relationships

According to a Forbes article on the settlement, The Justice Department alleged that many patients were put at risk by receiving angioplasties and stent placement procedures who were not qualified candidates for those procedures. The interest of Medicare in this situation was that they paid out for procedures which, according to their definition, did not qualify for compensation because they were unnecessary.

It is imputed that the patients who underwent these serious medical procedures were also put needlessly at risk for death and injuries from unnecessary medical procedures. When a doctor fails to give the proper care to a patient or exposes them to an unacceptable risk of injury or death and it results in serious injury, the patient and their family may consider seeking compensation for the injuries incurred with the help of a personal injury attorney.

One of the dynamics at work here is the difference between what a government health agency considers to be a necessary or qualified procedure on a general basis and what procedures a doctor considers is important for his patient on an individual basis. A statement by the president of North Ohio Heart Center defended the care they gave their patients and stated that at the time period in question by Medicare they were providing medical procedures that were considered cutting edge. They are now looking at these procedures on a basis of coronary intervention compared to optimal medical therapy. This had led to a present day decline in the number of angioplasties and stent placements with increased emphasis on optimal medical therapy and lifestyle changes.

Atlanta Resident and Former Baseball Star Andruw Jones Accused of Domestic Battery Christmas Morning

Sun, 30 Dec 2012 16:23:34 -0500

The holidays are a time of celebration and family gatherings, but they can also be a time that places a lot of stress on families and individuals. Sometimes that stress can push people over the edge and result in problems such as domestic abuse in married couples and in dating relationships. Alcohol consumption can also contribute to domestic abuse situations. Intoxicated people often say and do things they would not ordinarily do when sober.

Celebrities Make the Headlines but Many Ordinary People Suffer From Domestic Abuse

One local domestic abuse situation occurred in Atlanta on Christmas day for former baseball star Andruw Jones and his wife. According to a story in Fox Sports, Andruw Jones was arrested at his home in Atlanta on Christmas day after a fight with his wife Nicole Jones. Mrs. Jones accused her husband of physical abuse and yelling "I want to kill you" after they had gotten into an argument while getting the house ready for Christmas day early in the morning.

Mr. Jones was arrested in Duluth on a domestic battery charge at about 4am Christmas morning and later released on bond according to Gwinnett County jail records. In this case alcohol may have also played a role as it was reported that Mr. Jones had consumed several drinks during a party before the incident occurred.

Whenever a celebrity, like former baseball star Andruw Jones, is in the headlines for spouse abuse or any type of assault or bad behavior, it calls attention to problems that can happen within a marriage or relationship. You don't have to be a celebrity or well known within your local community to suffer from spousal abuse. It just happens that those who are celebrities get a lot of attention when it happens.

Do You Know the Alcohol Laws and How They Apply to You When Hosting a Private Party?

Wed, 26 Dec 2012 08:20:15 -0500

If You Host a Party Serving alcohol You Could Be Liable for Damages & Injury Caused by One Of Your Guests

There are many alcohol laws which vary by state and even among different counties. The most uniform of the alcohol laws across the nation is the legal age for drinking which is 21. If you decide to throw a private party during the holidays or at any time of year and plan on serving alcohol at your party you need to know about the alcohol laws where you live.

Most States Have Social Host Alcohol Liability Laws

Most states have social host alcohol liability laws which are targeted at hosts who serve alcohol at private parties. The laws in some state can hold the host potentially liable for acts of violence, assault, rape, or property damage caused by an intoxicated guest including after the guest has left the party. This includes any intoxicated guest who leaves your party and goes on to drive and cause an accident resulting in serious injury or death. Serving alcohol to a minor is also part of the social host liability law.

There are some states which limit the liability of the host to damage and injury caused only at the site of the party. A defense attorney can give you the best advice on the laws in your area and how they could affect you. Being charged with a social host liability offence could result in both civil and criminal charges.

Hosting a party can mean walking a fine line between making sure your guests are having a good time and not looking like a "party pooper" by limiting the amount of alcohol they consume. You also need to make sure that there are no underage guests drinking alcohol. If any of your guests look like they might be about to cross the line from being relaxed and happy to becoming slightly "tipsy," it is your duty as the host to not allow them any more alcohol.

Seafood Replaced with Cheaper Species Poses Potential Health Risk

Thu, 13 Dec 2012 16:19:43 -0500

As part of a special investigation into consumer fraud the Boston globe spent about 5 months collecting samples of seafood from Massachusetts restaurants and stores and sent them to a lab for DNA tests to see if the seafood was labeled correctly. ABC news reported on this story in October 2011 and astonishingly the results showed that 48% of the tested fish was mislabeled. Instead it was a less expensive fish that was labeled as a more expensive variety.

A new report in December, 2012 shows that the practice of mislabeling seafood still remains a problem. According to wtvr, testing done in New York City showed that 40% of tested fish was mislabeled. Oceana, an ocean conservation group has done research in Los Angeles showing that the problem there showed that 55% of their seafood was mislabeled. Tested fish that was sold as Red Snapper was found to actually represent 13 other species of fish including Tilipia, White Bass, Tilefish, Ocean Perch, Seabream, and others that were less valuable species.

Mislabeled Seafood Can Represent a Dangerous Health Risk

Although it is possible that some fish may be mistakenly mislabeled, the results of the testing indicate a deliberate mislabeling in order to increase the profit margin. There is more at stake than defrauding the public into paying more for a less expensive seafood product. According to Oceana, seafood is among the top 8 food allergens. Experts have warned that some seafood allergies are species specific and by selling one species of fish in place of another it can present a dangerous risk to those with seafood allergies.

Mislabeled seafood is also a risk to small children and pregnant women who may unknowingly consume species of fish which they have been told to avoid because of high mercury concentrations. Additionally mislabeled seafood can result in individuals unknowingly violating religious and dietary restrictions by eating fish that is not Kosher because of a substitution.

The Emotional Challenge of Divorce During the Holidays

Fri, 07 Dec 2012 10:11:27 -0500

Even During Ordinary Times of the Year Divorce Can Be Stressful

Going through a divorce can be a time of stress and emotional upheaval even during ordinary times. Having an experienced, compassionate, Atlanta family law attorney like the professionals at Daniel w. Mitnick & Associates, P.C. handle your divorce can help. They help you put things into perspective while they guide you through a divorce, keep you informed on each step in the process, and let you know what to expect so you can be prepared to deal with it.

If you are going through a divorce during the holidays you have a special challenge to overcome because it is a time of family gatherings, reunions, gift giving, and holiday merrymaking. Don't let these things overwhelm you. Don't put yourself through more stress, emotional upheaval, depression, or unhappiness than you need to. There are many divorce support groups that can help those going through a divorce bridge the gap, especially during the holidays.

Tips to Help Keep Balance During the Holidays

The holidays can be a very difficult time to celebrate when you feel like your world is changing so drastically because of divorce or a broken relationship. As difficult as it is though, there are tips that will help you get through the holiday season with some semblance of joy and thanksgiving. Life is definitely changing for you, but life will go on and it will get better with time. Things to keep in mind include purposely thinking less about yourself and more about the needs of others. Get outside of yourself. Some of the tips that will help you handle the holiday season better include;

Remain patient - Take one day at a time and remember the true meaning of the season
Simplify your life - Don't take on more than you can handle, prioritize
Be flexible - Let go of old traditions and try new ones, be creative, include new people
Focus on others - Share with others & be thankful for what you do have
Give gifts of time & attention to family & children
Be grateful for and share joy wherever you find it
Plan ahead activities that are relaxing and stress free
Ask for help from supportive family & friends for companionship or if you just need a friendly ear to listen
Be realistic - no holidays are "perfect"

Older Sister of TV Reality Star Honey Boo Boo May Be Headed For a Georgia Paternity Lawsuit

Thu, 29 Nov 2012 21:14:04 -0500

The little town of McIntyre, Georgia has gained fame as the home of reality TV star Honey Boo Boo and her hillbilly family. 7 year old Alana Shannon, aka Honey Boo Boo, first garnered attention on the TLC show Toddlers & Tiaras. The precocious little girl and her family now have a spin off reality TV show of their own called "Here Comes Honey Boo Boo".

Most recently headlines about the family have focused on the possibility there could be a Georgia paternity lawsuit brewing in the family after oldest daughter Anna gave birth to a baby in which the paternity is in question. The Enquirer is reporting on the story as a "Honey Boo Boo Baby battle".

McIntyre is a small Georgia town with a population of about 650. Some of the residents worry that the Shannon family may give outsiders a negative opinion of those who live there. June Shannon, the mother and Matriarch of the family certainly puts on a show for the cameras portraying her family as rednecks and hillbillies. The local Chamber of Commerce president, Jonathan Jackson in an interview with the AP stated he believes the show portrays the town in a very negative and unappealing way.

Honey Boo Boo's Oldest Sister Has Baby Whose Paternity is in Question

The Shannon family includes mom, June Shannon, and her daughters with Honey Boo Boo being the youngest. The oldest daughter Anna is 18 and just gave birth to a baby daughter in August. This latest development has put a new spin into the families reality TV show by using the illegitimate baby to develop a new story line.

Anna had been dating Caleb Clark for 2 years when she became pregnant. Caleb believed he was the father until Anna informed him that she had cheated on him and was not sure if he actually was baby Kaitlyn's father. This knowledge ended the relationship between Anna and Caleb. Caleb wants a paternity test to determine if he is the father because he is interested in being a father and provider for Kaitlyn if she is his daughter. Anna and her mother have refused to let Caleb take a paternity test unless he agrees to join the reality show with them.

Has The Food Modernization Safety Act Made Us Safer From Food Borne Illnesses?

Tue, 20 Nov 2012 11:02:41 -0500

The Food Modernization Safety Act First Sweeping Reforms in 70 Years

President Obama officially signed the Food Modernization Safety Act on January 24, 2011. The purpose of this federal bill was to update the food inspection process, rules, and procedures to help insure the safety of our nation's food supply. Before the Food Modernization Safety Act it had been 70 years since any major reforms. With this new act, the focus of the program goes from response to foodborne illnesses to prevention of foodborne illness.

The Christian Science Monitor pointed to 6 specific parts of the new inspection process which they think are key in helping protect the public from foodborne illness. The six points of the law they reported on include:

Preventive controls - companies must identify critical points in production where contamination can take place and implement procedures for prevention
More control over imports - FDA can require foreign imported food to be up to U.S. standards, can inspect foods at the border and require importers to provide verification of standards
FDA access to company records - allows FDA access to records they didn't have before giving them information on things they may not be able to see in a visual inspection
Mandatory inspections - identify high-risk food facilities and require inspections at least once every 3 years
Place focus on the biggest risks - FDA will evaluate and determine which food contaminants are the most important
Make recalls mandatory - in the past the FDA could only recommend a recall, now they can order one

Popular Energy Drinks Under Scrutiny After Reports of Serious Life Threatening Injury and Deaths

Thu, 15 Nov 2012 14:36:39 -0500

In October 2012 the New York Times reported on the popular energy drink, Monster energy drink, which has been cited by the Federal Drug Administration as having received reports of possible involvement in at least 5 deaths over the last 3 years. On Novermber 14, 2012 the Times ran a story about another company which makes 5 Hour Energy drinks which has also come under suspicion of causing or contributing to over 90 cases of injury and death.

When a case is filed with the FDA about a product it does not mean there is evidence or a direct link that the product was responsible for causing the injury or death, only that someone is reporting their suspicion of a link. According to the FDA, reports like these can be very difficult to investigate because there can be so many other variables involved. In many of the reported cases the individuals who were seriously injured or died had underlying health conditions.

Energy Drinks Contain High Amounts of Caffeine

Many believe the culprit in these drinks is the amount of caffeine in each drink. 5 Hour Energy is sold in 2oz shots and contains about the same amount of caffeine as 2 cups of coffee. Monster energy drinks are sold in cans which resemble beverage or sodas and can contain as much caffeine as 2 to 3 cups of coffee. The manufacturers of these energy drink products maintain that these energy drinks are safe when used as directed.

In at least one case, the mother of a teenager who drank Monster energy drinks and died has filed a lawsuit against Monster Beverage in Corona, California alleging that Monster failed to warn about the risks associated with drinking the high caffeine drinks. According to the New York Times, energy drinks such as Monster, Red Bull, 5 Hour Energy, Rock Star, and others have engaged in an aggressive marketing campaign aimed at teenagers and young people.

Atlanta negligence attorneys are certain to argue that teens and younger children may not be aware of the dangers associated with high caffeine content or how it could affect their particular health conditions. This could certainly assign some responsibility on the companies to make sure they have full disclosure on their labeling including a warning about consuming too much caffeine.

Beer Company Marks 30 Year Anniversary of "Know When To Say When" Campaign Against Drunk Driving

Fri, 09 Nov 2012 12:14:52 -0500

As we enter into the 2012 holiday season it won't be long before we begin to attend parties and other holiday functions at which alcoholic beverages are being served. Every individual has a responsibility to themselves and others to drink in a responsible manner and never drink and drive. Although this is true throughout the year, the holidays seem to ramp up the opportunities for more alcohol consumption. Excessive alcohol consumption can, over time, also have a devastating effect on an individuals health.

Anheuser Bush Asks Drinkers to "Take the Pledge" in 2012 to Drink Responsibly

This year, Anheuser Bush celebrates 30 years since it first began a responsible drinking campaign called "Know When to Say When." The company is committed to helping prevent underage drinking and drunk driving. On their website they have recommendations on how to have a successful party which includes responsible drinking. Some of the recommendations include:

Have a plan including designated drivers and phone numbers for cab companies
Provide plenty of food and a variety of food so everyone will not drink on an empty stomach
Make sure you have refreshments including soda, tea, and coffee to offer your guests
Serve one drink at a time
Know your alcohol consumption limit
Drink a few glasses of water throughout the night - pace yourself
Encourage your guests to plan ahead for a designated driver and if needed call a taxi for them or have them spend the night

Once you begin to consume alcohol, it has an effect on your judgment, concentration, behavior, emotions, and ultimately coordination. Alcohol can lower a person's natural inhibitions to such a degree that they say and do things they would never ordinarily do.

Presidential Proclamation Names October as National Domestic Violence Awareness Month

Wed, 24 Oct 2012 19:30:53 -0500

Be Proactive in Supporting Domestic Violence Awareness

As we reach the end of October and enter into the fall of the year, it is good to remember that October was named 2012 National Domestic Violence Awareness Month by presidential proclamation. We need to all be aware of the problem of domestic violence in our society so we can be proactive in getting help for ourselves or in helping others who are suffering, often in silence. Physical abuse, threats, and intimidating behavior all come under the definition of domestic violence.

Every day an average of 3 women in our nation lose their lives because of domestic violence and many more suffer humiliation and serious injury. This problem affects not only women, but men as well. Children in homes where domestic violence occurs suffer emotional trauma that is akin to child abuse. Often domestic violence which begins with abuse to a wife, husband, or other adult grows like a cancer to include violence to the children as well.

No One is Immune from Domestic Violence

According to the National Coalition Against Domestic Violence fear, intimidation, battering, and violence is used to establish power and control over another person that is in an intimate or familial relationship like spouses, live-in partners, those in dating relationships, children, and elderly in the home. No one is immune from domestic violence. It crosses many barriers and is connected to societal oppression which includes:

• Men
• Women
• Children
• People of color
• Lesbians, gays, bisexuals, trans gender
• Elderly
• The disabled
• People who are marginalized by society

Green Energy Electric Car Battery Maker Who Received Federal Stimulus Money Files for Bankruptcy

Wed, 17 Oct 2012 10:07:19 -0500

Another green energy company which received federal stimulus money to help push green energy production in this country has filed for bankruptcy. Before this, most of the other green energy companies which had previously gone under had been companies which were producing solar panels and were unable to compete with China who was able to produce them more cheaply.

A123 Files For Chapter 11 Bankruptcy & Moves Forward on Selling Off Their Automotive Division

According to Bloomberg, A123 which makes electric car batteries is filing for bankruptcy after a failed deal to sell a majority stake to a Chinese company. They are filing a chapter 11 bankruptcy which will allow them to keep most of the company viable as they complete a deal to sell off their automotive business assets to Johnson Controls Inc. who will also acquire two of A123's facilities in Michigan.

Part of their financial trouble was due in part to recalls on electric car batteries they had to issue for car batteries to their top customer Fisker, who produces plug-in luxury hybrid cars. The lithium-ion car batteries had a design flaw which had the potential to cause an electrical short. There have been a number of business failures and bankruptcies over the last couple of years, partly due to the bad economy and overseas competition, and partly due to defective or poorly designed products.

Bankruptcy is a Remedy That Allows Individuals & Companies A Fresh Start

Bankruptcy is the remedy our country provides for individuals and companies who find themselves in serious financial difficulty and provides a way to restructure and rebuild lives and businesses. If you find yourself in a serious difficult financial situation or foresee that you are heading in that direction, the best thing you can do is to consult with an Atlanta bankruptcy attorney. They are experienced in the areas of chapter 7 and chapter 13 personal bankruptcy and can give you advice and guidance that help prevent many a sleepless night and countless hours of worry.

Toyota Recall Largest in 16 Years Over Safety Issue Causing Car Fires

Thu, 11 Oct 2012 16:13:00 -0500

As Many As 7.43 Million Toyota Vehicles Involved in Recall

Toyota has been struggling to regain losses over the last 3 years after a number of problems relating to its global operations. Now they will have to deal with a major recall of vehicles because there is a safety issue in over 7.43 million vehicles sold worldwide which can result in potential car fires. The Toyota vehicles involved include the Toyota and Scion brands. According to NBC news, many of these same vehicles had been recalled previously because of unintended acceleration problems.

This latest recall involves a potentially defective power window switch. It has been reported that the power window switch on the driver's side in some of these vehicles does not operate smoothly and when lubricants are used to correct this problem the switch ends up smoking, melting, and sometimes catching on fire. As of Oct 2012 the NHTSA reports there have been over 200 instances of problems with the defective power window switch, including fire. Although there have been no reports of accidents or injuries associated with this problem that does not preclude that an accident could happen because of a switch failure resulting in fire.

Part of the problem requiring such a large recall is that many manufacturers, like Toyota, have a wide range of vehicles which share the same basic components. When a component develops a problem and it is one which has been used in many different vehicles then the problem becomes compounded.

Vehicles Being Recalled by Toyota For the Fire Safety Hazard

If your vehicle is on the list for Toyota defective window switches, it is estimated that the inspection and repair to the switch should only take about 1 hour to complete. The Toyota recall list in the U.S. is;

• 2007 - 2009 Camry sedans
• 2007 - 2009 Camry Hybrids
• 2007 - 2009 RAV4 crossovers
• 2007 - 2009 Tundra pickups
• 2007 - 2008 Yaris subcompacts
• 2008 Highlander SUVs
• 2008 Highlander Hybrids
• 2008 - 2009 Scion xD
• 2008 - 2009 Scion xA
• 2008 - 2009 Sequoia SUVs
• 2009 Corolla compacts
• 2009 Matrix crossovers