Trying a Consumer Fraud Case
Trying a successful consumer fraud case begins with meaningful discovery. Meaningful discovery in the consumer fraud case begins with the initial discovery filed with the complaint, along with deposition notices of those persons that the plaintiff attorney wishes to depose once he has received all of his responses to request for production and interrogatories. Every consumer fraud case should have a discovery plan, and that plan must begin with the initial filing of discovery with the complaint. The initial discovery will set the tone of discovery being conducted in tRe case.
Mortgage Fraud
This paper deals with what has commonly been called Mortgage Fraud. It does not deal with all potential types of fraud involving a mortgage company but only a very limited type. Specifically, it will discuss a situation where a home improvement contractor does work to a home and takes a mortgage on the home as payment for the work. As soon as the homeowner signs the mortgage, the contractor assigns the mortgage to a mortgage company. The mortgage company pays the contractor for the work done on the home by purchasing the mortgage. The mortgage company then collects the payments from the homeowner on the mortgage.
When Business Needs a Trial Lawyer
Large corporations that control the business and political climate in Alabama spew venom regarding “trial lawyers” and the right to trial by jury. In fact, bashing trial lawyers will be their main platform in the Supreme Court elections this fall. The effect of this rhetoric is to give trial lawyers a bad name with many business people that hear this propaganda. Based on this, most business folks don’t think they could ever need a trial lawyer. To the contrary, in today’s competitive business climate, businesses need a trial lawyer to protect their interest.
The Workup of a Debit Insurance Fraud Case
Debit insurance fraud cases are numerous in Alabama. Alabama's low income and uneducated population make many citizens sitting ducks for the unscrupulous debit insurance fraud agent. Debit insurance is distinguished from other types of insurance because of the agent's involvement and the smaller value of the policies. The debit insurance agent goes to the policyholder's home once a month and collects a small amount of premium usually in cash for the policies. Typical policies are $5,000 burial insurance policies, small life insurance policies, accidental expense policies, and hospital expense policies. When the policyholder gives the agent money, the agent is trusted to take the money back to the company and credit it to the policyholder's policy. Normally, the agent is required to give the policyholder a receipt showing he has received the money or to put a check-mark in the policyholder's payment book showing that the money has been received.
The Workup of a Consumer Credit Fraud Case
Alabama has some of the weakest consumer protection laws in the entire country, especially in the area of consumer finance. Most states have a limit on the interest rate that can be charged on consumer loans. In Alabama, on loans over $2,000.00, there is no numerical limit. The only limit is that the interest rate cannot be "unconscionable".
Survey of Predatory Lending Theories
Although no statute or regulation defines the term “predatory lending,” industry observers generally describe this type of behavior to include the theories discussed below. It has been estimated that predatory lending costs consumers nationwide $9.1 billion, annually.
Predatory Lending
Predatory lenders have been robbing the poor in our society for thousands of years. In Ezekiel 18:13, the prophet Ezekiel stated that “lending at usury and taking excessive interest is a detestable thing”. In Nehemiah 5:10 the prophet Nehemiah stated “let the exacting of usury stop”. In John 2:14, Jesus Christ himself became angry at the moneychangers in the Temple because they were gouging the poor with exorbitant and usurious interest rates.
Legal Professionalism Then And Now
As Alabamians, we have all been faced with, or forced to deal with, certain aspects of the blighted history of our state and its segregationist past. However, what many people don’t realize is that during our state’s most tumultuous time in history, Alabama also offered the nation a unique and profound piece of civility to which we can all be proud. Alabama is considered by many as the birth place of the Confederacy, the birth place of the Civil Rights movement – and – the birth place of the Professional Code of Conduct that governs our actions as lawyers.e
Law Of Unfair Competition
Alabama has seen increased activity in the area of commercial litigation. This is in large part because more businesses see Alabama as fertile ground for beginning new enterprises. If Alabama is to successfully foster its growing business community, the legal profession must do its part to help. Several illegal methods exist to block a new business’s entry into the community, impede a business’s growth in the community or push a business out of the community. Certain Alabama laws prevent this illegal activity and ensure that fair competition may proceed. The following is a synopsis of some of the most common claims seen in commercial litigation and a discussion of the current state of the law in those areas.
Fraud In Alabama
Alabama has long recognized a cause of action for fraud. Legal fraud in Alabama is described as misrepresentation of material fact made either willfully to deceive or recklessly without knowledge, and acted on by the other party, or made by mistake, and acted on by the other party; and as a suppression of a material fact which the party is under an obligation to communicate.
