Archive for the ‘Legal’ Category

Beware of Modeling Scams

By: Green Panda | Date posted: October 19, 2009 (1:18 pm)

I just had a young friend ‘discovered’ by a modeling agency at the mall. They wanted her to pay money for photos, but after they balked at amount, the studio lowered it substantially. I warned them to check  with the Better Business Bureau on the company, but they are convinced it’s legit and don’t need to check.

I hate to see this being a scam, but I’m not sure this will work out. Some models and actors have been discovered while going about their day to day business, but this is the exception, not the rule. The majority of models and actors have to work hard to get noticed and have to deal with rejections before they get a break.

Look out for modeling scams with photoshoots.

Look out for modeling scams with photoshoots.

If you’re looking at becoming a model or an actress, read up all you can on the scams in the industry to avoid being ripped off.

Modeling Scammers Will Say Anything to Get Your Money

The FTC has some information on what many scammers say to potential victims.

  • “We’re scouting for people with your ‘look’ to model and act.”
    I need to sign up as many people as possible. My commission depends on it.
  • “Your deposit is totally refundable.”
    Your deposit is refundable only if you meet very strict refund conditions.
  • “You must be specially selected for our program. Our talent experts will carefully evaluate your chances at success in the field and will only accept a few people into our program.”
    We take almost everyone.
  • “There’s a guaranteed refund if you’re not accepted into the program.”
    Everyone’s accepted into the program. Forget the refund.
  • “You can’t afford our fees? No problem. You can work them off with the high-paying jobs we’ll get you.”
    We demand payment, whether or not you get work.
  • “Commissions from our clients are our major source of income.”
    Our income comes from the fees we charge you.

When you are at the agency, ask questions. Don’t be afraid to ask, especially if they are asking for your money.

    What to Look Out For with Modeling Scams

    Being informed about the modeling industry is your best defense. Check with your local Better Business Bureau about the company to see if there are any issues. Look at their successful clients and check to see if their claims are legit.

    If you have to pay fees upfront for photos and have no guarantee of getting work, walk away. If they insist on a photographer, that is a warning sign. Shop around and compare rates with local photographers if you want to get a portfolio. They may offer a free photo shoot, but you have to pay for professional make-up for the photographs. Be leery of the arrangement and walk away. Remember, if they can’t make enough from from modeling to avoid charging upfront fees, how can you make enough?

    If they only accept cash or money orders for payment, walk away. Having a trail may be needed later if you are scammed. Never sign contracts until you have reviewed them. Tell them you would like to review the paperwork with your lawyer or take them home for at least 24 hours and see their reaction. Legit businesses understand that you need to check.

    Filing Complaints

    If you’ve think you’ve been scammed, please contact your local Better Business Bureau or state Attorney General.

    Hard work and talent can pay off. It’s not easy, but it is the most reliable way to be successful. Like anything, if it’s too good to be true, it probably is.

    Photo Credit: Latente

Filing Small Claims Court: Basic FAQs

By: Green Panda | Date posted: April 29, 2009 (4:19 pm)

What is small claims court?

Small claims court is usually for cases involving claims of less than $5,000. A benefit of small claims court is that you do not need a lawyer as it is simplified to expedite cases.

What can I do in small claims?

There are two type of warrants in small claims. The first is Warrant in Debt which is when the plaintiff (the one suing) is trying to get money from the defendant such as when you are seeking to be reimbursed for repairs due to negligence on the defendant’s part. The second isWarrant in Detinue to recovery your property from another person.

How much does it cost to file a small claim?

Fees vary, so please contact your local court to find out.

How should I start the filing?

Make sure that you are filing a small claims lawsuit to the right person. If you’re suing a business, make sure you see what the correct address is and the name of the registered agent. Some resources to use are:

  • City License Bureau
  • State Corporation Commission

If you send it to the wrong person, the case can be dismissed. Call the clerk’s office ahead to make sure you have the right information for the small claims lawsuit.

How should I prepare?

You should have all your necessary paperwork organized for the case. The basic idea is that you have to present why you should win your suit. Try to make it clear and logical. Don’t get caught up in the emotions. Remember that you can bring witnesses, pictures, receipts, records, etc. with you in court. It’s best to get this done before the court date. What you and the defendant present to the judge is what they will rule on in the case, so prepare well.

vwkey.jpg

I hope this helps some people out. Please get information from your local court clerks office to get the proper information for you and your case. If you’ve had to go through the process, please leave a comment.

 

Disclaimer: I’m not a lawyer. I highly suggested you contact your local legal resources.

Win in Court!

By: Green Panda | Date posted: November 28, 2007 (3:51 pm)

We won our lawsuit! 

After waiting  for our turn to present our case, we were called up. The judge ruled in our favor. The defendant has 10 days to either appeal or pay. After the case was finished the owner of the shop said he’s just rather pay.

I hope his insurance company agrees and we can put that money into the bank. I’m grateful for the ruling. If there was anything I learned that I could pass on it would be :

  1. Record EVERYTHING. From the start of your troubles to the day you finish keep a record.
  2. Organize your information. This almost undid us as we didn’t do that to much later and it was nerve racking.
  3. Practice what you’re going to say before you go to court. It can be intimidated to speak before a judge, even a friendly one. I knew we had common sense and truth on our side, but preparation is key.
  4. Write notes as others speak. When witnesses are crossed examined, having notes on what they said before helps. It’s a very technical process and it’s easy to get lost.
  5. Get an attorney. We represented ourselves, not because we were cocky, but because we couldn’t afford one for a $1000 suit. If you can afford a lawyer, please get one. It can be done, but it is such a stress.

I’m grateful for the verdict, not just for the money, but it felt good for someone to stand up on our behalf. Thanks for everyone’s support. If our experiences can anyone, then I’m happy.

I just hope you’d never be in that situation. It’s not over yet. We still have to see if they will pay or change their minds and fight this. I have some peace of mind, so I’m ok. I hope everyone has a great day.

Photo Credit: dbking

Our Day in Court

By: Green Panda | Date posted: November 28, 2007 (9:46 am)

This morning we’re going to court to try and resolve the car situation. It started as a clutch replacement and became a $1000 repair nightmare. The main issue is bailment. The car was moved off their property without our knowledge and it received water damage to the car computer.

I’ll update you later today on how it went. I’m pessimistic (hate getting hopes up) and my husband has no idea.

Photo Credit: dbking

Small Claims Court: Basic Information

By: GreenPanda | Date posted: October 10, 2007 (1:13 pm)

 

justice.jpg

Today’s article puts some personal in personal finance. That’s the point, right? The car situation has escalated. After much deliberation we decided to go ahead and file a small claims lawsuit.

It’s been such a headache with having one car (we couldn’t share as we work in different cities with overlaying schedules) and repairing the car was expensive. I’m grateful we’re back to two cars.

Do you want to know what bothers me the most? This could have been fixed for under $150 if the mechanic fixed it right away. Let’s just say our costs are far more than that amount.

I wanted to help those who may be in a similar situation and decided to answer some questions about small claims court. I would hate to see people overpay for information that they could get with some phone calls and research.

Disclaimer: I’m not a lawyer. I highly suggested you contact your local legal resources.

What is small claims court?

Small claims court is usually for cases involving claims of less than $5,000. A benefit of small claims court is that you do not need a lawyer as it is simplified to expedite cases.

What can I do in small claims?

There are two type of warrants in small claims. The first is Warrant in Debt which is when the plaintiff (the one suing) is trying to get money from the defendant such as when you are seeking to be reimbursed for repairs due to negligence on the defendant’s part. The second is Warrant in Detinue to recovery your property from another person.

How much does it cost to file a small claim?

Fees vary, so please contact your local court to find out.

How should I start the filing?

Make sure that you are filing a small claims lawsuit to the right person. If you’re suing a business, make sure you see what the correct address is and the name of the registered agent. Some resources to use are:

  • City License Bureau
  • State Corporation Commission

If you send it to the wrong person, the case can be dismissed. Call the clerk’s office ahead to make sure you have the right information for the small claims lawsuit.

How should I prepare?

You should have all your necessary paperwork organized for the case. The basic idea is that you have to present why you should win your suit. Try to make it clear and logical. Don’t get caught up in the emotions. Remember that you can bring witnesses, pictures, receipts, records, etc. with you in court. It’s best to get this done before the court date. What you and the defendant present to the judge is what they will rule on in the case, so prepare well.

vwkey.jpg

I hope this helps some people out. Please get information from your local court clerks office to get the proper information for you and your case. If you’ve had to go through the process, please leave a comment.

Photo Credit: Nygtowl

What to Do For a Legal Consultation

By: GreenPanda | Date posted: August 24, 2007 (11:42 am)

justice.jpg

Photo Credit: Nygtowl

To follow up on my post with free and low cost legal services, I included some tips that helped with the consultation about our car problem.

  1. Prepare. Practice ahead of time the way you’ll present your case. It helps your lawyer to grasps the big picture of the situation, so they can see how to proceed.
  2. Have paperwork organized. Have all your paperwork ready for the lawyer to review. Keep the originals and give them copies of everything that you have that is related to the case.
  3. Keep track of everything. Have a notebook and write down the time and summary of conversations that you’ve had regarding the case, whether it’s in person or on the phone. Give a copy to your attorney. This will help them see how far you’ve gotten, see what roadblocks you hit, and give a more detailed view of the case.
  4. Ask questions. This is a very big part of the consultation. Don’t be afraid to ask questions; your lawyer wants to help you. If you don’t understand something completely, please ask them to repeat it again. You want to be on the same page as your attorney.
  5. Follow their instructions. If you feel comfortable with this attorney and want to pursue this case, then listen to what they say. If you feel uncomfortable, find another attorney. It’s already a stressful situation, don’t make it even worse.

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Free and Affordable Legal Resources

By: GreenPanda | Date posted: August 23, 2007 (11:51 am)

justice.jpg

One of the biggest drains on a regular family’s budget is legal expenses. Many times something unexpected happens, like our car getting damaged because of the mechanic’s negligence. ( If you want to be brought up to speed, please read Part Two on the actions we took to get this situation resolved and Part Three on the response we got from the mechanic’s insurance company so far.)

One of the best ways to recoup some of your losses is going through the legal system. Unfortunately, it’s also very expensive. You can get charged $200/hour for a consultation! I don’t know many people that could afford that on a modest budget.

I found some resources on the web that offers free or low cost legal aid to people whose income cannot allow them to seek the legal aid that they need. I listed them by state to make it easier to find. I tried to load it up as is, but Wordpress cut the list repeatedly. So instead here’s the link the legal resources list. I hope it help anyone who needs professional help, but cannot afford the costs.

legal-resources.pdf

If any one can help me get an Excel table up on Wordpress, that would make my day. I’m also going to find a legal blogger that may be willing to answer some questions people may have as a working student and for those who are newly graduated. So if you have questions to ask or advice on Wordpress, please leave a comment.

Thanks to Nyghtowl on Flickr for the wonderful pic!

How to Pitch Your Story to the Local News

By: GreenPanda | Date posted: August 15, 2007 (12:23 pm)

 

With all this drama going on with trying to get the shop to pay for damaging our car, I decided to share some things from our experience. I believe that your local news channel is a great outlet to get some action going.

reporter.gif

  1. Time. Always remember that the news business is always busy. Be able to tell your story in 2 minutes or less. After all, if it takes 20 minutes to tell the story to the editor, how can they air it on TV?
  2. Keep all your paperwork and make copies. If you have as much information as possible for the reporter, it makes it easier for him/her to do their job. Don’t give them originals! Have a packet of all your copied information so they have a reference. Please include your contact information and keep it legible.
  3. If your information gets accepted, keep in contact with them. They are always several stories going around. By updating them on your progress, you keep your case in the front of their minds. On the other hand, don’t hound the news team. They are people too and this will not help your case.

If you keep these rules in mind, then you’ll be better off in getting accepted. My recommendation is to go down to the studio and ask to meet with someone.

I tried the email/phone call method and got no response. Just set aside a day for this activity because there is no way for you to know when the editor will have a spare 5 minutes.

I hope this helps you. As always, any suggestions or stories about how were able to succeed are welcomed.

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