Thursday, February 24, 2011
Building a deck, pool, or addition?
If you're doing work on your home or property, be sure to check with the applicable town department(s) to determine whether permits are required, get the work inspected, and obtain sign-offs/certificates of occupancy where applicable. If you cut corners now, you will have to address the issues before selling, at which point it may be more difficult and expensive. Consulting a licensed, reputable contractor may help.
Current will?
The beginning of the new year is a good time to confirm that your estate is in order. If you have assets and/or children, you should have an estate plan. If you have executed a will, for example, in the past, we recommend reviewing it every five years.
Tuesday, February 22, 2011
More Press on Vicki's Recent Landmark SC Decision
ABC News Article: http://abcnews.go.com/Health/connecticut-surrogacy-law-genetic-parents-legal-rights/story?id=12662224&page=1
CT Law Trib Article:
http://www.ctlawtribune.com/getarticle.aspx?ID=39424
CT Post: http://m.connpost.com/connpost/db_43460/contentdetail.htm;jsessionid=8BF76EAD7AF69E5D6F96F17DCAD5F90D?contentguid=SfVUNokO&detailindex=0&pn=0&ps=10&full=true
CT Law Trib Article:
http://www.ctlawtribune.com/getarticle.aspx?ID=39424
CT Post: http://m.connpost.com/connpost/db_43460/contentdetail.htm;jsessionid=8BF76EAD7AF69E5D6F96F17DCAD5F90D?contentguid=SfVUNokO&detailindex=0&pn=0&ps=10&full=true
Operating an LLC Properly
If you’re doing business as a member or principal of an LLC, make sure when you’re executing business documents that you sign in that capacity. There are many other factors, but this is one small way to avoid the imposition of personal liability.
Welcome!
Welcome to our new legal blog. The Law Firm of Victoria T. Ferrara is always looking for ways to help communities and individuals in Connecticut. We feel this blog will help accomplish that by providing useful information on Connecticut law.
Getting your $ - Enforcing a Civil Judgment
For those of you that may have obtained a civil money judgment (whether after a determination of your case on the merits or after an entry of judgment after default), you may have options to pursue the money to which you are entitled.
After providing the judgment debtor (the individual or entity against whom you’ve obtained the judgment) with proper notice, and after the required time passes, there are three primary methods people use to pursue the money that they’re owed:
(1) Bank Execution: The clerk will sign the execution (which can be filled out on the CT judicial branch website at http://www.jud2.ct.gov/webforms/) and return it to you. You will then need to get it in the hands of a state marshal who will go to various banks in the area to see if the debtor has any accounts with any non-exempt funds against which your judgment can be satisfied. Some marshals try more banks than others, so you may want to ask before deciding on one. Also note that the marshal is entitled to a statutory percentage for his services.
(2) Personal Property Execution: This is similar (at least procedurally) to a bank execution, except that the marshal will try to find the debtor’s non-exempt personal assets (as opposed to money) that can be used to satisfy your judgment.
(3) Wage Execution: Finally, you can apply with the clerk for a wage execution. Once signed, the marshal serves it on the debtor’s employer ordering the employer to make payments directly to the debtor or debtor’s representative. The amount withheld will be based on a statutory computation determined when the execution is served.
It’s important to note that if the marshal returns any of the above wholly or partially unsatisfied, you still have the other options available. Just know that the clerk will not issue an execution while one is outstanding. Finally, this list is not exhaustive, and depending on your situation, other options may be available.
After providing the judgment debtor (the individual or entity against whom you’ve obtained the judgment) with proper notice, and after the required time passes, there are three primary methods people use to pursue the money that they’re owed:
(1) Bank Execution: The clerk will sign the execution (which can be filled out on the CT judicial branch website at http://www.jud2.ct.gov/webforms/) and return it to you. You will then need to get it in the hands of a state marshal who will go to various banks in the area to see if the debtor has any accounts with any non-exempt funds against which your judgment can be satisfied. Some marshals try more banks than others, so you may want to ask before deciding on one. Also note that the marshal is entitled to a statutory percentage for his services.
(2) Personal Property Execution: This is similar (at least procedurally) to a bank execution, except that the marshal will try to find the debtor’s non-exempt personal assets (as opposed to money) that can be used to satisfy your judgment.
(3) Wage Execution: Finally, you can apply with the clerk for a wage execution. Once signed, the marshal serves it on the debtor’s employer ordering the employer to make payments directly to the debtor or debtor’s representative. The amount withheld will be based on a statutory computation determined when the execution is served.
It’s important to note that if the marshal returns any of the above wholly or partially unsatisfied, you still have the other options available. Just know that the clerk will not issue an execution while one is outstanding. Finally, this list is not exhaustive, and depending on your situation, other options may be available.
Get your security deposit back!
Connecticut Landlord-Tenant Note: If you’re a tenant whose lease has expired and you have moved out, and you’ve provided the landlord with your forwarding address in writing, he is required to refund your deposit (plus interest) within 30 days or you may be entitled to double your security.
Real Estate Considerations
Here’s some basics for those considering purchasing residential real estate:
- Know what you can afford – contact a lender (bank) or broker to see what financing that is available – be sure to obtain a document called the “Good Faith Estimate.” This must list ALL of the costs involved with obtaining the financing, and remain consistent through to closing. This is very important. Make sure to give it to your lawyer so he or she can make sure that, at closing, you’re not being charged anything other than what you agreed to
- When using a real estate agent/broker, choose one of the many out there that you are comfortable with, and with whom are confident that he or she will represent your best interests
- When you find something that works for you, you’ll put in an offer
- In most cases, you’ll sign a “Binder” (which will require an initial deposit), and will set the date for you to have an inspection
- At this point, you should contact your lawyer (your real estate agent generally also puts a call in)
- The Seller’s lawyer (in Fairfield County) prepares formal proposed contracts and sends them to your (Buyer’s) attorney
- Your lawyer will review the proposed contract and schedule a meeting with you to discuss the proposed terms, modify them to your liking and to protect you, and very importantly, address the concerns that were raised by your inspection
- Once the contract is finalized, you will work with your broker/lender to provide them with the information necessary to obtain a firm “Committment Letter.” There are some significances to obtaining this financing, and your lawyer will explain it to you
- Your lawyer will also order a title search to make sure the property that you are purchasing has (or will have) clear title (i.e., no unreleased mortgages)
- Finally, there is the closing – you will meet with your lawyer to execute all legally necessary documents, as well as those required by the lender – he/she will also explain the terms of each document to you, as well as all of the disbursements made on your, and the seller’s, behalf.
Supreme Court Victory!
Please see recent press release regarding Attorney Ferrara's Supreme Court victory at:
http://www.victoriaferrara.com/CM/Custom/Ferrara_Raftopol_Release.pdf
http://www.victoriaferrara.com/CM/Custom/Ferrara_Raftopol_Release.pdf
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