Author: WP-Team

How Long Are Collections On Your Credit Report?

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Defaulting on debt obligations will compel your original creditor sometimes to sell your debt to a debt collector. The three central credit bureaus also receive adverse information after your debt is in the collection.

After some time, they must remove the collection amount from your report. If you want to remove the collection earlier or believe it is an error, there are many ways to find remove it from your credit report.

This article focuses on helping you through the steps to take before removing collection accounts from your credit report.

How to Get Collections of Your Credit Report?

Research And Check All Credit Reports

To receive information on your collection account, review all your credit reports. Annualcreditreport.com can help you achieve your goal and provide a free report copy annually. However, the coronavirus pandemic also has its benefits because it allows you to check all your credit reports from the three major credit bureaus free of charge until April 20, 2022.

Any collections paid or unpaid will be listed in your credit report, including the balances you owe. In addition, the due dates of the accounts delinquency will also be recorded. If you are unaware of the original creditor or if it is not listed on your report, you can request the collection agency to provide the information.

After receiving the report, compare the collection details listed against the records in your possession. If you don’t have any documents, view your payment history with the original creditor by logging into the account listed.

Ascertain The Accounts Legitimacy

When reviewing the collection listed against your name, ensure the debt belongs to you. If it doesn’t, or you made payments on time, dispute the error to remove it from the collection on your report.

Choose An Action Plan

Below are three action plans you can try to remove collections listed on your report.

  1. Dispute Incorrect or Incomplete Collection Accounts: If you notice incorrect or incomplete collection figures on your credit report, you have the power to dispute the information directly with the credit bureaus or the creditor. The fair credit reporting act provides you the freedom to do so. You can argue the collection using dispute forms on the credit bureau’s website. However, if you find it challenging, you can utilize the services of a debt collection attorney near you for help.
  2. After disputing the collection, the credit reporting agency has a month to investigate your claim. If they determine your information is incorrect, they take the collection amount from your report. However, if the reverse is true, the collection amount remains on your account for up to seven years.
  3. Request for Goodwill Deletions: If you find a paid collection on your report, you can merely ask the debt collector or original creditor to remove the collection. The request generally entails sending the debt collector or collection agency a goodwill deletion letter detailing your mistake, asking for forgiveness, and showing improvements in your payment history.
  4. A goodwill deletion letter does not guarantee the removal of the collection for your credit report. However, if the collector removes the account, it helps you qualify for better terms on credit cards, mortgages, and personal loans.
  5. Wait for the Debt to Fall off: If the legitimacy of the debt is undisputed and you can’t convince the debt collector to remove it from your report, the only alternative available is to hire the services of a business lawyer attorney in Tulsa or to wait until the debt falls off. After seven years of its delinquency, the collection amount should fall off your report. Unfortunately, the collection remains on your account and impacts your overall credit score. However, its impact lessens as time passes.

Paid or unpaid collections legally remain on your credit report for seven years after they initially became delinquent. Collection reports can cause severe damage to your credit score. However, how much it impacts depends on the credit scoring model you use for the calculation and whether the account is paid or unpaid.

If you are confused with how credit scoring models work or are unaware of how to proceed to remove the collections from your report, Aaron Bruner law can provide you expert guidance to overcome the challenges confronted and get your credit report back on track.

Is it worth getting a personal injury lawyer?

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When you get into a motor vehicle accident, you might find it challenging to determine whether you need a personal lawyer unless you have sustained severe injuries or suffered considerable property damage.

The need for a personal injury lawyer may not be essential in minor cases. Unfortunately, you may also become involved in a minor accident that might require legal expertise. Your injuries, the damage to your vehicle, and the at-fault determine whether you benefit from hiring a personal injury lawyer.

This article focuses on the actions you must take after a motor vehicle accident providing details on whether hiring a personal injury lawyer is beneficial or not in your circumstances.

What Do You Confront after a Motor Vehicle Accident?

You initially confront the challenge of filing a personal injury claim with the at-fault driver’s insurance company. Filing the lawsuit will allow you receive compensation for damages such as medical bills, prescription medications, vehicle repairs, pain, and suffering besides lost wages.

Insurers quickly settle minor damages, allowing you to receive total compensation and move on. Unfortunately, in most cases, insurers will likely accept a claim if it is minimal and offer you a settlement that will probably make you shudder.

Why Do You Need a Motor Vehicle Accident Lawyer?

The need for a motor vehicle accident lawyer might arise in several cases where you have suffered severe injuries requiring long-term treatment, have disagreements about which driver is at fault, disagree on fair compensation, and go to court.

Disagreements over the negligent driver and compensation are familiar in car accident claims. Insurance companies do not want to pay large sums on claims. Therefore, even if you were involved in a minor accident, they try to reduce what they pay you by using a team of attorneys and adjusters. You must seek help from the personal injury attorney in Tulsa to support you with your claim.

Benefits of a Counselor for Your Personal Injury Claim

An attorney for your personal injury claim is a professional aware of the pain and emotional upheaval you undergo after the trauma. If you have suffered injuries because of the negligence of the at-fault driver, there is no reason you should not seek compensation for all your medical bills and related expenses.

Attorneys know how to negotiate, can help you get medical attention, provide legal coverage that helps you make better decisions, and most importantly, receive faster compensation. An experienced attorney can also provide peace of mind if the accident involves fatalities. You undergo severe stress after a vehicle accident, and experienced attorneys handle all the complicated aspects of your claim, giving you the peace of mind necessary to recover quickly.

What Qualities Should a Personal Injury Lawyer or Attorney Have?

Not everyone without knowledge of the legal profession can become a personal injury lawyer. Therefore, when searching for a personal injury attorney, you must make plenty of inquiries without relying on online reviews unless they are unbiased. A personal injury attorney should possess practical experience, a successful track record, trial experience, and compassion.

Personal injury attorneys managing your claim must understand you are recovering from severe injuries and are financially and emotionally vulnerable. Therefore, the attorney you discuss your case with must handle it with utmost professionalism while remaining emphatic when helping you to navigate the claims process.

The personal injury attorney must also have extensive trial experience, even though most of such things are settled out of court. Therefore you must ensure that the attorney you hire has extensive experience in litigation.

Whenever you are injured in an accident caused by a negligent driver and are injured, you must seek help from a personal injury lawyer or attorney to guide you through the claims process. You will likely deal with many people during the claims process, including third-party attorneys, adjusters, insurance advisors, et cetera. You wouldn’t want to deal with everyone stepping on your doorstep in such circumstances, would you?

A personal injury lawyer or attorney does not sit on your doorstep to answer every question the other party wants to ask. However, they inquire who the other party lawyers injury attorney is and direct all inquiries to them.

Aaron Bruner law has some excellent personal injury lawyers and attorneys. The professionals will help you gather evidence and fight for the best possible compensation according to your situation. Therefore you help yourself by connecting them for your personal injury claim.

Filing a Mechanic’s Lien in Oklahoma

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What is a Mechanic’s Lien?

A mechanic’s lien, which is referred to as a “mechanic’s and materialmen’s lien” in Oklahoma, is an involuntary security interest granted by law to construction participants to secure payment for labor or materials furnished to improve a property. Typically, mechanic’s liens are filed by a general contractor (one who has a contract directly with the property owner), a subcontractor (one who performs work under a contract with a general contractor), or a supplier that has not received payment for labor and materials provided to the property.

When the mechanic’s lien is filed on the subject property, the lien attaches to and encumbers the fee simple ownership of the property, creating a cloud on the title. A mechanic’s lien can be filed in Oklahoma against commercial, residential and public property. Additionally, a mechanic’s lien can also be filed against mining property, railroads, oil and gas wells, as well as other types of property.

Who has the Right to File a Mechanic’s Lien in Oklahoma?

A party who performs labor or supplies material shall have a lien on the real estate that received the labor or material. 42 Okla. Stat. § 141 states that:

“Any person who shall, under oral or written contract with the owner of any tract or piece of land, perform labor, furnish material or lease or rent equipment used on said land for the erection, alteration or repair of any building, improvement or structure thereon or perform labor in putting up any fixtures, machinery in, or attachment to, any such building, structure or improvements; or who shall plant any tree, vines, plants or hedge in or upon such land; or who shall build, alter, repair or furnish labor, material or lease or rent equipment used on said land for buildings, altering, or repairing any fence or footwalk in or upon said land, or any sidewalk in any street abutting such land, shall have a lien upon the whole of said tract or piece of land, the buildings, and appurtenances in an amount inclusive of all sums owed to the person at the time of the lien filing, including, without limitation, applicable profit, and overhead costs…”

This includes contractors, subcontractors, sub-subcontractors, and suppliers. Along with construction services, this includes services for planting trees or other plants, plumbing, roofing, electrical, architectural work, remodel work, and so forth. In order to have a valid mechanic’s lien, the labor and material must actually have been provided to the subject’s real property.

Pre-Lien Notice

In Oklahoma, a claimant that is other than an original contractor is required to send “pre-lien notice” when one (1) of the two (2) following circumstances applies:

  • the property includes an owner-occupied dwelling; or
  • the project is non-residential, and the claimant’s aggregate claim is greater than $10,000.

If the party has supplied labor and materials for a job regarding residential property, a pre-lien notice is not required. Residential property is defined as a single-family or multifamily project of four (4) or fewer dwelling units, none of which are occupied by an owner. Regardless of the claim amount or whether or not the claimant is a general or subcontractor, it is always optimal to send pre-lien notice in order to prevent unnecessary legal disputes, as well as possibly speed up the claim settlement process.

Pre-Lien Notice Requirements

This is very important. The pre-lien notice must be sent no later than seventy-five (75) days after the last date that the supply of material, services, labor, or equipment was provided by the claimant. The pre-lien notice shall be in writing and shall contain, but not be limited to, the following:

  • a statement that the notice is a pre-lien notice;
  • the complete name, address, and telephone number of the claimant or the claimant’s representative;
  • the date of supply of material, services, labor, or equipment;
  • a description of the material, services, labor, or equipment;
  • the name and last-known address of the person who requested that the claimant provide the material, services, labor, or equipment;
  • the address, legal description, or location of the property to which the material, services, labor, or equipment have been supplied;
  • a statement of the dollar amount of the material, services, labor, or equipment furnished or to be furnished; and
  • the signature of the claimant or the claimant’s representative.

The pre-lien notice needs to be either hand-delivered and supported by a delivery confirmation receipt or sent by certified mail with return receipt requested. Notice sent by certified mail, return receipt requested, is effective on the date mailed.

Further, the pre-lien notice should be sent to the general contractor, as well as the owner of the property. If the address of the owner is unknown, the claimant may request in writing from the original contractor the name and last-known address of the owner of the property. In the event that the general contractor fails to provide the claimant with the information requested within five (5) days, the pre-lien notice requirement to the owner of the property will be waived.

Filing the Mechanic’s Lien Statement

The claimant will file the mechanic’s lien at the County Clerk’s office of the county in which the property is located. The statement should contain:

  • The name of the claimant;
  • The names of the owner and/or the contractor;
  • Description of the labor/materials provided;
  • The amount claimed; and
  • A legal description of the property subject to the lien.

The statement is required to be verified by affidavit, meaning that it must be signed and notarized.

What is the Deadline for Filing a Mechanic’s Lien in Oklahoma?

The deadline to file a mechanic’s lien for a general contractor is within four (4) months after the date upon which material or equipment was last furnished or performed under the contract. The fuse is even shorter for subcontractors, who must file the lien within ninety (90) days after the date upon which material or equipment was used on the land or when labor was last performed.

Enforcing the Mechanic’s Lien

Hopefully, after filing the mechanic’s lien, the debtor will have resolved the matter and paid the amount due. In the event that this has not occurred, the next step will be to file suit in order to foreclose on the mechanic’s lien. In Oklahoma, the deadline to enforce a mechanic’s lien is within one (1) year after the lien accrued.

Hiring an Attorney

If you have supplied labor or materials for any type of construction or improvements to real estate, you should be compensated. Common arrangements to retain representation include a contingency agreement in which the attorney is paid a percentage of the amount collected. Under this scenario, the lawyer does not collect a fee unless the client collects on the account.

If you need help filing or enforcing a Mechanic’s Lien in Oklahoma, call us today for a consultation to discuss your options or send us an email with your contact information.

This article is provided for informational purposes only and should not be relied upon as a substitute for the advice of a legal professional. Please contact a Tulsa, Oklahoma attorney with questions about preliminary lien notice or any other issues related to liens in Oklahoma.

Judgment Enforcement In Oklahoma

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What is a Judgment?

It has been said that the award of judgment collection is simply a piece of paper, a decoration only worth hanging on the wall. In order to collect on a judgment and thus receive payment, the Judgment Creditor must enforce the judgment. When a court resolves a civil lawsuit, the court renders a civil judgment. The civil judgment is the official decision by the court with regard to a dispute between the parties.

For example, if you and a friend enter into a contract by which you agree to wash your friend’s car and your friend agrees to pay you $20.00 for washing the said car, but your friend fails to pay you after cleaning the car, you might sue your friend for the $20.00 in a civil lawsuit. If the court sides with you, ruling that your friend owes you $20.00 based on the contract, it will issue a judgment in your favor. The civil judgment will order your friend to pay you $20.00. Now, you will need to collect it.

How to enforce a judgment?

A judgment is a legally enforceable obligation against the other party. A Judgment Creditor is the holder of the judgment, and the Judgment Debtor is the party under the obligation of the judgment. To collect on the judgment, the Judgment Creditor will need to enforce the judgment

Obtaining a judgment is the initial step in the collection process. There are several ways in which the Judgment Creditor may enforce the judgment. These procedures include:

  • Post-Judgment discovery
  • Garnishment
  • Attachment

Post-Judgment Discovery

In order to successfully execute on the judgment, the Judgment Creditor must first know where to find the Judgment Debtor’s assets. Without knowing, it would be impossible to enforce the judgment. Consequently, post-judgment discovery may be crucial in the process of successfully garnishing accounts or seizing property.

At any time after the judgment is rendered, the Judgment Creditor can request from the court an order requiring the Judgment Debtor to appear at a hearing to answer questions, under oath, about his assets. This is called a Hearing on Assets, sometimes referred to as an “HOA.”

In order to conduct a Hearing on Assets, the Judgment Creditor must file an application or motion for the hearing, requesting that the Judgment Debtor disclose specific information regarding his assets. In the Application for the Hearing on Assets, the Judgment Creditor should request information and documentation regarding the Judgment Debtor’s bank account information, tax returns, titles to property, business documentation, certificates of stock, and so forth.

Garnishment

A garnishment is an order from the court that requires a third party who has in its possession money belonging to the Judgment Debtor to pay said money to the Judgment Creditor. Generally speaking, a garnishment is simply the process of a Judgment Creditor attaching to Judgment Debtor’s assets that are held by another party. While common examples include garnishment of money from the Judgment Debtor’s bank account or wages from the Judgment Debtor’s paycheck, a garnishment can be applied to an array of situations

Attachment

An attachment is a court order seizing specific property. An attachment is a way of attaching a judgment to the Judgment Debtor’s assets. Attachment is used to enforce a final judgment. In Oklahoma, there are many ways to execute an “Attachment,” which include recording the judgment with the county clerk of the county in which the Judgment Debtor’s real property is located.

Hiring an Attorney to Enforce the Judgment

The Judgment Creditor may choose to retain an attorney to assist in collecting on the judgment. A Judgment Creditor is entitled to post-judgment costs and attorney fees. Consequently, some of the additional costs may be added to the amount owed by the Judgment Debtor. Common arrangements include a contingency agreement in which the attorney is paid a percentage of the amount collected. Under this scenario, the lawyer does not collect a fee unless the client collects on the account.

If you need help enforcing a judgment in Oklahoma, call our business lawyer in Tulsa, Oklahoma, Aaron Bruner, Attorney at Law, for a consultation to discuss your options.

Impact of CARES Act on Small and Medium-Sized Businesses

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There’s no running away from the fact that COVID-19 has brought with it a wave of unprecedented global uncertainty. All across the world, life as we know it has been disrupted by this raging virus that traces its origins to Wuhan, China. Among the profoundly impacted are small and medium-sized business owners.

Small and medium-sized businesses don’t necessarily have vast amounts of surplus capital stashed away for rainy days. And even if they do, the current COVID-19-related challenges affecting enterprises go beyond the issue of money. Restaurants that previously relied on customers to dine in are finding themselves exploring takeout options, where this is feasible. Even then, there’s the additional problem of supply chain interruptions, difficulties keeping employees on a full salary in times of low demand for products and services, among others.

On March 27, 2020, President Trump signed into law the CARES (Coronavirus Aid, Relief, and Economic Security) Act, as a first step towards availing a massive $2.2 trillion stimulus fund that will cushion the US economy against the impact of this pandemic. Out of this figure, $349 billion will go into availing loans to small businesses. These loans will be available through the U.S Small Business Administration (SBA) and will allow business owners to meet their expenses in the face of curtailed operations.

What does this mean for you as a business owner?

First, let’s begin by identifying who qualifies for the CARES Act business loans. If you have a business with up to 500 employees, then you’re eligible for these loans. You will need to show that the monies you apply for will go to supporting your operations and maintaining payroll, so get your documents in order.

The SBA will avail the money through your local bank, i.e., your current banker. The best and most practical thing to do right now is to get in touch with your bank today and find out if they’re participating in the SBA loans provided by the CARES Act.

As a business, you will qualify for loans up to $10,000,000 or your total annual payroll costs multiplied by 2.5, whichever is lesser. If you’re a brand new business without historical records of your payroll costs, use your average January 2020 and February 2020 payroll costs to estimate your annual costs of the same.

You will not be required to pay back your loan for a year, and there are no fees attached to the same. On the question of loan forgiveness, your loan may be entirely forgiven if you retain the same number of FTE (full-time employees) between now and June 2020, as you had in the same period of 2019. Reducing employee wages and laying off employees may exclude you from loan forgiveness.

As a business owner, it’s natural to feel anxious about what the future holds. The CARES Act business loan will go a long way in absorbing some of the shocks caused by the COVID-19 pandemic. As such, it would be in your business’s best interest to reach out to your banker to get cracking on the loan application process right away.

As usual, Aaron Bruner, your trusted attorney at law, is always available to answer any questions regarding the legal implications of these loans to your business.

Oklahoma’s Speeding Laws and Penalties

Posted on by WP-Team

The speeding tickets issued in Oklahoma come down to legal technicalities. The “Basic Speeding Law” and the “Absolute Limit” are the two types of speeding laws. This blog will explain the differences in these laws and the effects of each on one’s driving record.

Basic Speeding Law

Generally, the Basic Speeding Law requires all drivers to exercise due care and good sense given the driving conditions and surroundings. Safety is the premise of this law, regardless of the posted limit.

Absolute Limit

The Absolute Limit is very basic, without tricks or details. The posted speed limit is the absolute speed limit. In Tulsa Oklahoma attorney, these speed limits are:

  • 25 mph in school zones
  • 35 mph on highways in State parks and wildlife refuges
  • 55 mph on most country roads

Penalties for a Speeding Ticket

The severity of a violation, and the driver’s record, will affect the severity of the penalty. All violations have a related fine, jail time, or both. Generally, the maximum jail times are:

  • 10 days for the first offense
  • 20 days within 1 year
  • 6 months for the third and subsequent offenses within 1 year

The maximum fines increase in 5 mph increments over the posted speed limit, as follows:

  • $10 for 1-10 mph over
  • $20 for 11-15 mph over
  • $35 for 16-20 mph over
  • $75 for 21-25 mph over
  • $135 for 26-30 mph over
  • $155 for 31-35 mph over
  • $205 for 36+ mph over

Reckless Driving

There are no speed limits to define reckless driving. The above speeding violations do not define reckless driving. Therefore, reckless driving is subjective to the officer issuing the ticket and the conditions and circumstances of the event. The formal definition of reckless driving is “careless and wanton.”

This offense carries the penalties for first offense of 90 days in jail and/or fines from $100-$500.

The Point System

Speeding violations can also add points to a driving record, and the number of points depends upon the circumstances. The accumulation of 10+ points within 5 years will lead to a suspended driver’s license. The number of points assessed for a specific driving offense is set by Oklahoma’s Department of Public Safety’s Mandatory Point System. Contact Aaron Bruner Law Firm for effective legal consultation.

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