3/5/10
In Memoriam: Howard Twiggs 1932-2010
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NCAJ President David Pishko announced the very sad news of the passing of Howard Twiggs yesterday, March 4, 2010. NCAJ members are expressing their love and gratitude for the life of this great trial lawyer and advocate who spent a lifetime fighting for the civil rights of all people.
It is my sad duty to report to you that Howard Twiggs, a President Emeritus of the North Carolina Advocates for Justice, died this morning. Howard was our eighth President and a past President of the Association of Trial Lawyers of America. He was a giant of the plaintiffs' bar and a constant reliable source of sage advice and inspirational leadership to our organization. He will be greatly missed. More details will follow.
Regards,
David Pishko
NCAJ President
Read what NCAJ members are saying about Howard's life and legacy.
To read Howard's full obituary, click here.
Howard Twiggs' family will receive friends at his home at 817 Blenheim Road, Raleigh, North Carolina on Friday, March 5th from 6:00 pm until 8:00 pm, and on Sunday, March 7th from 3:00 pm until 6:00 pm. A memorial service will be held on Monday, March 8th at 3:00 pm at St. Michaels Episcopal Church, 1520 Canterbury Road, Raleigh, North Carolina, 27608. Following the service a celebration of Howard's life will be held at 4:30 pm at the Cardinal Club, 150 Fayetteville Street, 28th floor, Raleigh, North Carolina. Memorial gifts may be made to The Pound Civil Justice Institute (Howard Twiggs Memorial Fund), 777 Sixth Street, N.W., Washington DC 20007; to the Capitol YMCA in Raleigh, or to the Wake County SPCA.
Posted by liz at March 5, 2010 9:24 AM MST
2/22/10
Consumer Economic Protection Act of 2009
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On September 9, 2009, the livelihood of debt buyers (persons or companies who acquire delinquent or charged-off debts and seek to recover on these debts) in North Carolina was dealt a big blow by the North Carolina General Assembly. The Consumer Economic Protection Act of 2009 requires debt buyers filing lawsuits on unpaid debts to provide specific documentation showing they have the legal right to enforce the debt. Additionally, the Act requires debt buyers to verify the amount of the debt. The Act places the burden of proof on the debt buyer from the very beginning of an unpaid debt lawsuit. Violations of the Act can result in dismissal of the lawsuit and provision of monetary damages to the debtor.
Unfortunately, debt buyers, agencies, and collectors who filed suits prior to October 1, 2009 are not subject to the Act and many use this fact to take advantage of unsuspecting debtors. These debt collectors often lack many of the documents and evidence to fully prove the nature and amount of the debt they claim they are owed. Often debt buyers try to recover on debts that are outside of the statute of limitations or that were paid in full by the debtor. Even in the case of legitimate debts the debt collectors sometimes play fast and loose with the facts and the law in an effort to obtain judgments and exert further pressure on the debtor. The new law, which can be viewed here, is meant to help level the playing field for the debtor and encourage fair debt collection practices by debt buyers and collectors.
We should all pay our legitimate debts but debtors have rights too. State and federal law provide certain protections for the debtor and attempt to even the playing field. If you feel that you are being abused or harassed by a debt collector do not give in to the pressure and agree to pay the debt. Contact an experienced lawyer and discuss your situation.
Posted by liz at February 22, 2010 6:24 AM MST
2/2/10
Toyota's 6M Vehicle Recall
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Over the last six months, Toyota has recalled approximately 6M vehicles due to reports of sudden unintended acceleration (SUA).
Obviously, many vehicle owners are probably wondering what they should do if their vehicle surges out of control or accelerates without any way to stop the car before their vehicle is fixed by the dealer.
Click here for advice from experts, and it should go without saying that if you get a recall notice, please take your vehicle in immediately for the recommended fix. But if your car suddenly accelerates and the throttle won't stop, the link above provides information about the recommended way to avoid accident or injury.
Posted by liz at February 2, 2010 1:06 PM MST
1/25/10
Mediating Family Law Cases: Dollars and Sense
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Mediation is a process for resolving legal issues that is particularly well suited to family law cases. Mediation usually provides significant legal, financial and practical advantages for clients. Compared to going to court, mediation provides more tailored resolutions for less money and is less destructive for families. Many courts require mediation in family law cases. In order to take advantage of the benefits of mediation ask your attorney about mediation early in your case, make sure you have the necessary information to make decisions at mediation and remember that any agreement will have to fill the needs of both parties, not just yours.
Posted by liz at January 25, 2010 6:35 AM MST
