Lanigan & Lanigan, P.L.
831 W. Morse Blvd., Winter Park, Florida 32789
407-740-7379
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The Law
You’ve filed bankruptcy and you’re so relieved to know that the debt collectors can’t call you. Everything’s on it’s way to a fresh start and you have peace of mind every time the phone rings. However, some creditors continue to call you. If you’ve told them verbally and in writing that you have filed bankruptcy and you want them to stop calling you but they continue calling despite your requests to stop, you may be able take legal action against them. The Fair Debt Collection Practices Act The Federal Trade Commission (FTC) which is a national consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits debt collectors from being deceitful in practices to collect from you. But be aware that when you signed up for credit that if you used a cell phone number to be contacted and state that you may be contacted at specific times outside the standard 8 a.m. and 9 p.m., that you have given creditors permission and they may call you. But when you tell them to stop in writing and verbally on the phone, according to the FDCPA, they have to stop. The Huffington Post reported a case where a creditor was hired to pursue someone using their social media to track their activities and purchases. They were threatened and there is a lawsuit pending. It’s not a horrible idea to answer the phone and at least get the details of what the debtor is calling about as it could be a debt you weren’t aware of, which was paid and which you could clarify. But any of the...
The Law
Twitter, Craigslist, YouTube and Facebook have to be respectful of laws regarding federally registered trademarks. Trademarks are protected as part of domain names, content and copy on websites and social media websites. If you use or someone has used trademarked items without being authorized to do so as a third party it is punishable by law. Use of Trademarked Names Online Social networking websites including Facebook, YouTube, Twitter and Craigslist have been dealing with national brands and companies that launched campaigns to stop unauthorized use of trademarked names on online. Individuals who use trademarked information thinking it’s just a mention or that everyone is doing it should be cautioned: Illegal use is illegal use. If you don’t have written and formal approval by the owner of trademarked content you may not use it. With the popularity of these websites of people networking with friends and colleagues and conducting business, companies monitor them more heavily for misuses and will notice and can capture the unauthorized use of a trademark on these sites. There are systems in place for making targeted complaints to remove infringing content on social media websites. Facebook, YouTube, and Craigslist take allegations of trademark or copyright infringement very seriously and are quick to act. Handling Trademark Complaints Complaints reduce the number of unauthorized uses of trademarks and copyright but if you should find that an individual or business has wrongfully and without permission used your trademarked or copyrighted product, brand or image, contact Winter Park Florida attorney Eric Lanigan or Roddy Lanigan. With 36 years of business litigation experience Lanigan and Lanigan, P.L., will consult with you to determine the...
Bankruptcy
Roddy Lanigan and Eric Lanigan handle Florida bankruptcy cases from Winter Park to Miami and many cities and counties in-between. The one thing that they tell people is how simple the creditors’ meetings are in bankruptcy procedures. Bankruptcy Creditors’ Meetings 1. You meet at the time, date and place indicated on the bankruptcy notice 2. Other people filing for bankruptcy are there 3. When your name is called sit or stand near the front of the meeting room to be sworn in by the trustee 4. Bring your identification 5. You answer that everything in your paperwork is 100% correct and honest 6. Don’t ever lie 7. Carefully read all papers before signing 8. Tell your attorney if there are mistakes or inaccuracies What Will the Trustee Ask? 1. How did you price values on home or car? 2. Do you expect tax refunds? 3. Do you possibly have to sue someone due to a recent accident or business loss? 4. Have you made any recent large payments to creditors or relatives? 5. Will you have any possible inheritances or insurance proceeds expected? Eric Lanigan and Roddy Lanigan have filed bankruptcies across Florida. Your situation is not like anyone else’s situation so it’s important to consult with Lanigan and Lanigan, to find out what the options are in your...
The Law
There are multiple ways to obtain a green card, all of which vary by situation and that are often challenging but there are situations that enhance the likelihood. Here are several ways immigrants may be able to achieve green card status or have favorable situations to getting a green card. Amnesty May Support Green Card Eligibility Congress occasionally provides green card eligibility for people who have been living in the U.S. illegally. Deadlines for both these particular amnesties have passed but cases are still being decided. Recent amnesties have covered: Nicaraguans, Cubans, Guatemalans, Salvadorans, and certain Eastern Europeans, under the NACARA law. Aliens who applied for amnesty under the Immigration Reform and Control Act of 1986—who were in the U.S. out of status since January 1, 1982. Spouses and unmarried children under 21 years of age were also eligible to become permanent residents. Diversity Visa Lottery There is a created green card category based on the The Immigration Act of 1990 to benefit people from countries that in recent years have sent the fewest numbers of immigrants to the United States. If you are a native of one of those countries and meet certain educational and other requirements you can enter the lottery. The green card lottery aka the Diversity Immigrant Visa Lottery, has 5,000 annual winners chosen in a drawing. The world is divided into regions and allocates under 7% of the total green cards to each region. If you win the lottery, you still have to make it through a rigid application process which many, many people fail due to inadmissibility or the government can’t process their...
The Law
Lemon Laws and Recurring Problems If a car has been back for service for the same recurring problem at least three times and is not fixed it may be a lemon. When this happens the consumer must give the manufacturer a final opportunity to fix the problem. Note that the law states you must contact the manufacturer – not the dealer – when you are giving them a final opportunity to fix the problem. If the manufacturer fails to fix the problem the laws requires the dealer to buy back the defective car and give the consumer a purchase price refund or a replacement vehicle. Florida Lemon Laws do not apply to defects caused by accidents, neglect, abuse, modification, or alteration by persons other than the manufacturer or its authorized service agent which typically is an authorized dealer. When the Florida Lemon Law Applies If you’ve taken your newly purchased car, truck or other vehicle in multiple times for service and continue to have the same problem, then the Florida Lemon Law applies to your situation. New or demonstrator motor vehicles which are sold or leased in the State of Florida are also covered by the Florida Lemon Law. To be clear: with some exceptions, a previously titled vehicle (used car) is NOT covered by the Lemon Law. Repetitive problem vehicles are commonly referred to as Lemons. There are both Florida state and federal lemon laws that protect the interests of consumers. The rights given to consumers by lemon laws may exceed any warranties expressed in purchase contracts. The Florida Lemon Law does NOT cover: Used cars Vehicles that...
The Law
Be Involved With the Move and Visit Often One of the most worrisome issues for an out-of-state adult child is care that parents in any nursing home or medical rehabilitation and care facility will receive. If you suspect elderly abuse, neglect or misconduct by a care facility consult with Eric Lanigan and Roddy Lanigan of Lanigan and Lanigan. It’s not easy, but you will be relying on strangers to be kind to and care for your family member is not a fail safe plan. You should be sure to monitor through regular and unplanned visits to see how your parents are being cared for. No one can be sure what will or won’t be done as your parents health and medical conditions change regularly. Initial care plans may become dated and the funding for additional services can be expensive. When you move your parents into a home, assisted living or medical care facility, be an active participant. Ask questions. Spend the time to know the staff and understand that your parents will change and not be able to tell you that they have. Abuse and neglect in nursing homes and assisted living facilities is a continuous problem in Florida and the United States. Elderly abuse or neglect is often very upsetting when loved ones are injured by those responsible for their care. But prosecuting those at fault can be handled by an attorney. Types of Neglect in Nursing Homes, Assisted Living Facilities Nursing home abuse can be either due to physical abuse or neglect, such as failure to provide proper nutrition or medical care. Lack of care can result in...
The Law
If you own property, have investments, valuable items that you’d like to give to family, then you should have a will. If you don’t have a will but are thinking you can just get a will kit from an online resource and do it yourself, you may want to rethink this “plan.” If you’re familiar with Florida estate law, financial planning and have written wills and other legal documents regularly, you may be able to complete it yourself. But if you want your will to stand up to Florida laws, scrutiny by judges, or heirs who may question the legality of what you’ve presented, then you should hire an attorney. Estate Planning Begins With An Attorney You’re Comfortable With Hire an estate law attorney who regularly handles and is up to date with the laws governing wills. Interview several and ask them more than what it costs. Find out if they are familiar with recent tax laws that may effect what you’re leaving to family. Will there be extensive funeral plans that require you to set aside funds for an elaborate celebration? If you’re talking about personal issues like this then you should be sure that you’re very comfortable with the attorney you select to handle your estate planning. Laws Change and Wills Need to Withstand Changes to Prevent Contests Laws change and circumstances do as well which can make a will written through a kit bought online or in a store invalid or questionable which can put the entire estate into question. A will is a legal document deciding who the estate beneficiaries will be and how and...
Bankruptcy
One of the first reasons to hire a bankruptcy attorney is confidence in their ability. The next would be to choose a lawyer you’re comfortable with and who has the experience in bankruptcy–specifically. You’ll need to be comfortable because you’ll be discussing current debt, future earnings and planning your fresh start. You have to trust and respect the advice of the attorney and that he or she will work on your behalf for you. They’ll provide guidance, ideas and direction. Winter Park bankruptcy attorneys Eric and Roddy Lanigan are passionate about the legal practice and treat clients as individuals with respect and compassion for every situation. Each case is thoroughly pursued to assure clients that bankruptcy and or foreclosure defense, mortgage workouts and litigation succeed and that every personal and unique set of needs is met. When you get to the point where you will have to decide which type of bankruptcy you will file, you will have had some emotional conversations with the attorneys. Eric Lanigan and Roddy Lanigan are experienced lawyers who will carefully explain bankruptcy Chapter 13 or Chapter 7, you’ll take the Florida means test. You’ll talk over the alternatives to filing bankruptcy and the downside of filing bankruptcy. Trust is everything in the decision to hire a bankruptcy attorney. When Eric Lanigan and Roddy Lanigan work with new clients they will ask you to come into the office for the first time without paperwork. They’ll want to discuss and hear about your income, your circumstances, your future prospective earnings and what you want to keep and what you don’t want to hold onto. Sometimes they’ll...
Bankruptcy
Starting over and starting fresh. Eliminating all debt and worry from stressful bills. These are the first things people describe after filing a Chapter 7 bankruptcy. Winter Park Bankruptcy attorneys Eric Lanigan and Roddy Lanigan say that frequently the most thankful clients they work with are those who file bankruptcy and feel the relief from debt. Bankruptcy Chapter 7, Chapter 11, Chapter 13 provide individuals with an opportunity to stop and figure out life financial goals. It’s a chance to decide what’s really important and make changes to perhaps live a more simple or even a downsized lifestyle. It is likely time to assess spendig habits and change investment and savings strategies after using a legal action to stabilize the damage made by excessive debt–no matter how it was incurred. Chapter 7 bankruptcy is a fairly drastic legal proceeding taken by a debtor to be discharged from personal debt. However, the thought of what it actually entails may include mages of auctioneers selling off all of a family’s possessions while the family sits on the porch watching memories being sold. The Lanigans will tell you this doesn’t happen. Years ago, bankruptcy may have seemed to be a drastic measure. It may have brought up phrases like cash only payment, homelessness, flat broke, penniless. Not today. While bankruptcy Chapter 7, Chapter 11 or Chapter 13 is still a drastic action to take, it’s very common. There is no doom and gloom of old nor is it necessarily a poor financial decision. For many people who have been divorced, who have been ill for years, had cancer, or had terrible personal...
Bankruptcy
When you have filed bankruptcy one of the first things that you should do is try to begin rebuilding your credit score. This means saving, not overspending, living within your means, and holding onto money. You may think that you shouldn’t take out loans or credit cards if it is not necessary, but in actuality you should take out credit and demonstrate your ability to hold the loan, line of credit, using it on occasion and paying it back in full. This responsible behavior is easier said than done for a person who has failed for a long time to handle credit properly has to suddenly change spending habits and handle money cautiously in order to rebuild credit. It’s important to follow a path of fiscal maturity if one is going to rebuild credit and establish a successful financial profile. This means that those who have filed bankruptcy begin saving, do not overspend, live within your means, pay creditors on time, delay large purchases, stay away from shopping sprees, frivolous vacations or other irresponsible spending habits. A key proponent of this is not taking out loans or credit cards unless use is sporadic and only used to demonstrate the ability to make timely payments. Winter Park bankruptcy attorneys Eric Lanigan and Roddy Lanigan have handled bankruptcies and foreclosures since 1976 and 2007 respectively. Part of the value in working with the Lanigans is the knowledge and the experience that they have. The Lanigans will share information and guide those who file bankruptcy with tips on how to rebuild credit. Responsible Use of a Personal Loan: Step One One of the ways to...
