What to do when a debt collector calls?

You receive a phone call, usually at night or your work place, and a rude person on the other end starts demanding your name and information confirming you identity. When you ask who the person is, you may get their first name and that they are trying to collect a debt that you owe. You are threatened with a lawsuit if you do not immediately agree to a payment plan….

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Statute of Limitations

Most of us will take great care not to miss or be late for an important event, such as a business meeting, a parent?s birthday, a wedding, etc?. Reminders are placed on post-its, calendars and phones. You should take the same care to make sure you do not wait too long and miss your chance to file a lawsuit if you have suffered a legal wrong. There is a time…

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Qui Tam

Qui Tam is from a Latin phrase meaning ?he who brings a case on behalf of our lord the King, as well as for himself?. Today, Qui Tam commonly means when a lawsuit is brought by a private citizen under a federal or state False Claims Act against another person or company. The lawsuit will alleged that the person or company who is sued is believed to have violated the…

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Physician Employment Agreements

Any relationship between a hospital or physician?s group and a doctor, such as an employment agreement, is and should be based on trust and duty. The trust part is signing the agreement. The duty part is to comply with the terms of the agreement. The agreement is a significant investment of money, time and resources by both parties. If you have the opportunity to sign an employment agreement, it is…

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What are Liquidated Damages

You or your business may wish to sign a contract for services, or a lease contract for office space or for machinery. Contracts are usually for a certain term or length of time. After you enter the contract it may be that you are not happy with the other party and that you feel you are not receiving what you were promised when you signed the contract. You voice your…

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Management of HOT funds – Part III of Part III

Previously the Hotel Occupancy Tax (?HOT?) was defined and examples given of the appropriate use of HOT funds. Additionally a two-part test to determine if HOT funds were being spent appropriately was examined. A city will sometime hire a third party firm or organization to manage and use HOT funds. A contract with a third party should reference the statute authorizing the Hotel Tax and duties regarding the expenditures of…

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Hotel Occupancy Tax Funds- Part II of Part III

The Hotel Occupancy Tax (?HOT?) was defined and examples of proper uses of the tax were given in Part I. In Texas HOT tax funds may only be spent; (i) on authorized uses; and (ii) if the HOT funds are spent in a manner directly enhancing and promoting tourism and the convention and hotel industry. (emphasis added) A two-part test commonly recognized in Texas by administrative agencies and cities is:…

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Hotel Occupancy Tax Funds-Part I of III

January 15, 2013

The Hotel Occupancy Tax (?HOT?) is a municipal tax charged to individuals who stay at Hotels within a city or it?s Extra-Territorial Jurisdiction. The HOT tax is levied by Cities pursuant to state statute. For most cities in Texas, this tax is capped at 7.0 % of the price paid for a room in a hotel. The price paid for a room does not include the cost of food served…

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Back to Basics

Contracts 101 -While not maybe realizing it people enter into contracts all the time as a business person, a homeowner or a recent graduate who is renting. Whether at the office or at home, any time you or your company agree to take some action or make a payment in exchange for anything of value, a legal contract has been created. A few examples are bills of sale, employment agreements,…

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Civil Fraud

If you believe someone lied to you and took your money or other property, or you believe they did not tell you everything, you may have a civil fraud claim. Fraud is founded upon a misrepresentation of past or present fact that causes a person enter into a business transaction and that person suffers a loss. There are many definitions of fraud. The elements or actions common to most civil…

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