Welcome to ChristineSpringerOnline.com
A Blog about Legal Stuff

Christine's Economic Stimulus Program

Later this month, I'll announce details of a seminar about how to use LinkedIn to find clients and make money. I'm calling it my Economic Stimulus Plan because I'm tired of seeing the sad looks on other business' owners faces because of the market situation. There is plenty of opportunity out there if you're paying attention and know how to capitalize on it.

During my quest to adopt all things social media, I developed a short list of tips and tricks that helped me find clients and make money using LinkedIn. I now have clients all over the country as a result. Some businesses, like my friend Amanda (The Grammar Doctor,
www.thegrammardoctor.com) will benefit more than others from these tricks, but I think any small business will benefit.

The Grammar Doctor implemented these tips and tricks and immediately generated new business. She's now singing the praises of my tips and is really excited about the seminar.

The live version will be a good trial run, and I'll learn a lot about some of the questions individuals have regarding using LinkedIn. It's not going to be a "how to set up your profile" seminar but how to use it to make money.

Stay tuned! Details will follow later this month.

Thanks,
Christine
Christine@DesertEdgeLegal.com

PS. LinkedIn is a trademark of LinkedIn Corporation and Christine Springer and Desert Edge Legal Services, LLC are not affiliated with LinkedIn.

Last Call for LLC's in 2008!

Well, not exactly....but now that I have your attention.....

Have you become one of the many entrepreneurs by necessity? Many people are facing some tough choices due to the employment conditions. Many have been forced to become entrepreneurs whether they wanted to be one or not.

I think many people are realizing that they need to fend for themselves and they are starting their own businesses. I've set up a record number of LLC's in the last three months.

What have you been doing to stay financially afloat? Have you started a network marketing business? Have you been a dog walker, house sitter or painter? If so, consider forming a LLC or corporation before the end of 2008.

The biggest advantage to setting up a legal entity is to shield your personal assets from liability. Whatever creative method you've been using to stay afloat financially, you probably need a legal entity to protect yourself.

I'll bet you could use a tax deduction for starting a business in 2008! Check with your tax professional for details on your specific situation.

Call me today to discuss your new legal entity and lock in the 2008 price!

Thanks for all your support in 2008!

Christine
Christine@DesertEdgeLegal.com

Update on Loan Modifications

I recently read a news story about how Freddie Mac and Fannie Mae are reaching out to homeowners to modify the mortgages that they are backing. The magic numbers for obtaining a loan modification now appears to be a payment amount that falls between 31% and 38% of your total monthly income. Some of these modifications will last only for five years, and these programs will only help homeowners who are ninety days or more late. This is just the program with Fannie and Freddie; your lender may have some other voluntary programs they are offering. CitiMortgage has said they will suspend foreclosures for ninety days while they attempt to work out solutions with the loans it is servicing.

If you are behind on your mortgage payments, please talk to your lender for assistance. There are so many other options besides foreclosures and the economic climate means lenders are more willing than ever to work out a solution that benefits everyone. Don't wait until it's too late to get help.

Please contact me if you need more information:
Christine@DesertEdgeLegal.com

Thanks,
Christine

Photo Radar Tickets

This morning I heard attorney Susan Kaylor on KTAR radio discussing photo radar. I was very impressed with what she had to say. She shared a lot of excellent information.  If you've received a photo radar ticket in the valley, you owe it to yourself to check out this website: www.photoradarlaw.com.

Susan Kaylor wrote a book called "Smile for the Speed Cameras" and it's available in e-book format or a hard copy. I recently purchased a similar book on how to beat a speeding ticket, and it was invaluable in fighting my recent traffic tickets.

The best thing about her website are the FREE forms that you can use with your case.

As I've said before, we are electing the public officials who are allowing these photo radar systems to tax us. Please, speak up! Write or call your elected officials and tell them you don't want the photo radar in your community.

Christine

Loan Modifications

Are you upside down on your mortgage? Are you late on a few payments? You might be able to qualify for a loan modification. Lenders seem to be more motivated than ever to work out arrangements with homeowners. I suspect that getting a modification of the terms of your mortgage is only going to get easier. 

My business offers assistance to homeowners with their loan modification documents. However, before you spend money on a service to modify your loans, you should know that lenders will do a modification for free and there are other options. There are HUD counselors who can walk you through the process, and many do-it-yourself guides on the internet. 

I've successfully modified all of my mortgages. My home in Arizona is financed through Countrywide. They modified my loan from a five year ARM at 5.5% to a forty year fixed rate loan at 3.5%. You can't get a 3.5% rate right now even with an 800 credit score. It was certainly an incentive for me to remain in the home. 

I wrote Countrywide a letter explaining the reason for the interruption in my income (a hardship letter), sent in proof of my income proving I could pay in the future (bank deposits from my online banking), a copy of my mom's Social Security award letter (she is a dependent) showing her financial contributions to the household. It took about eight weeks, but Countrywide finally sent me the loan modification documents, which I signed and returned to them. 

The documents required will vary by the lender. Countrywide is keen on modifying loans because they were sued for fraudulent loan practices.

I'm still waiting on the modification documents for the second mortgage. The loss mitigator told me they modify the first loan (with the higher balance) and then work on the second because of their positions. They don't want the second to be in first position. 

The question I receive from a lot of people is: "Can I get a modification if I'm current on my house payments?" and the answer is: It depends on your lender. My real estate friends tell me that unless you're behind a certain number of days, the lender won't even speak to you about a repayment plan. I'm not going to tell anyone to stop making their house payments, but I think the general consensus right now is that a hardship has to exist. If this changes I'll post an update. 

Please contact me at
Christine@DesertEdgeLegal.com if you need assistance with a loan modification.
 
Thanks,
Christine


 

Traffic Tickets, Part 3

If you've read my previous posts about tickets, you know by now that the judge in Scottsdale Municipal Court dismissed the unsafe lane change ticket and reduced my fine to speeding only. Although I was disappointed, I managed to move on and forget about the ticket.

Until October 17, when the postal worker showed up at my front door with a certified letter from Sergeant George. Guess what? He sent me a letter saying he was REFILING my speeding ticket!

Hello, double jeopardy anyone?

Since the officer had already sent me the ticket, I called him and left him a message, and left a message for his supervisor as well. I was so angry about the situation and wasn't sure how to proceed. I called an attorney, who suggested I go to Scottsdale walk-in court. (On a side note, walk-in court is a great idea! A judge is there for walk-ins, which makes it easy to get things accomplished!)

I went to the Scottsdale Municipal Court again to see a judge. Because the ticket was not yet in the system, the court clerk couldn't get me in front of a judge. The court services supervisor was really nice and told me that the police officer could not re-file the traffic ticket and to check back with her a week later so she could get it removed from the system.

Later on that day, I spoke with Sergeant George's supervisor, Sergeant Durrin. He was very professional and was pretty cool about the situation. He told me that Sergeant George probably thought that the traffic ticket was dismissed due to a clerical error and when that happens, the tickets are re-filed. Unbelievable that this happens, but.....

His supervisor told me that he made a mistake and that the ticket would be removed from the system. I told him it wasn't a mistake because the officer was standing in the same courtroom as I was when the judge told him he had not met the burden of proof. 

I contacted ABC 15 through my friend Charlotte Risch (
www.themediapush.com). Christina Boomer contacted me about doing a story on the ticket being refiled. It made the news on Thursday. You can watch the video here:

http://www.abc15.com/mediacenter/local.aspx?videoId=16929@knxv.dayport.com&navCatId=3 

I think this might be finally over!

Christine

How to Fight a Traffic Ticket, Part 2

I've received quite a few e-mails from readers asking about my adventures in Scottsdale Municipal Court. When I last wrote, I mentioned that I would be headed to the Police Department to make a records request.

I visited the Scottsdale Police Department on October 3 and made a very broad records request from the police department. If you want to see the items I asked for, please send me an e-mail and I'll be happy to share. I still haven't received the documents from the SPD, but they have called to say that they are ready. I'll tell you why later on in this entry.

On October 15, 2008 I showed up for court, along with three or four other offenders who were stopped by the same police officer. By the way, his name is Sergeant George. Another person who appeared to fight her ticket said that she'd read that he was rookie of the year in 2005 and said that he told her not to bother appearing in court because "he always shows up and he always wins."

I wore a suit and carried a briefcase. (By the way, if you ever appear in court, you should always show respect for the court and wear a suit. I learned this from the various attorneys I've worked for over the years. At the very least, wear something conservative and make sure you look presentable.) If you're going to be taken seriously, you should look like you mean business.

I was prepared to win a dismissal of both tickets. I had a copy of my clean driving record, I did all the research on radar and its flaws, how often the police department is supposed to have the radar devices calibrated and how often the officers are supposed to recertify. I also had photos of the scene of the ticket.

All the defendants went inside the courtroom and watched a video on the hearing procedures. To my surprise, the judge would allow hearsay in the court.

I was the second defendant to have a hearing. I was nervous beyond belief, and let me tell you that the judge was tough! I'm not sure if I had a law degree if it would have been easier. I tried to get both tickets dismissed first because the Police Department had not given me the records I'd requested. Also to my surprise, the judge informed me that I was not entitled to a records request under the Administrative Procedures Act. 

If you're going to defend yourself in court, forget about wasting your time collecting the police department records. The judge doesn't care. I also tried to admit a certified copy of my clean driving record and she told me point blank that she didn't care about that either.

So, after Sergeant George finished reading from his court notes, I started cross examining him. I had eight pages of cross examination questions and I grilled the officer about his use of the radar, his experience and traning, especially on the use of radar, and other things. A couple of times, the judge stopped me from asking the questions.

Sergeant George became very defensive on the stand. He was a little sensitive when I told him that the NHTSA recommends that police officers be certified every year on the use of radar and that they don't recommend using the internal calibration setting on the radar guns. This guy was clearly not used to being cross examined by someone who was actually prepared. Sergeant George couldn't explain how I could have possibly been going 37 mph if the traffic was moving at 25 mph.

The judge finally told me to wrap up my case and make my final arguments. I had one more thing to bring up, and that was the photos. I showed the judge the photos of the scene, told her that Sergeant George made a mistake and radared me outside of the school zone in front of Chapparal High School and wrote the ticket in the speed zone. The clincher here was the photo of the "McCarthy Construction" sign in front of the school. I argued that if a driver was not familar with the area and missed the school zone sign, it wasn't obvious that it was a school zone given all the construction.

All of this argument over the speeding ticket resulting in totally distracting the officer from the unsafe lane change ticket. I didn't plan that as a strategy, but he forgot all about proving the lane change ticket.

The judge finally made her rulings. She dismissed the unsafe lane change ticket because Sergeant George failed to meet the burden of proof. She also reduced the speeding ticket from speeding in a school zone to speeding only. I thanked her for her ruling and sat in the back of the room until I received the piece of paper from her assistant.

What should you take away from my experience? First of all, you can't just walk into the courtroom and expect the judge to dismiss the ticket just because you showed up. You need to look the part and have logical arguments and defenses as to why you are not guilty. The judge is unfortunately compensated by the City of Scottsdale and he/she is going to almost always side with the police officer if you don't have some solid arguments and aren't persuasive in your points. Speeding tickets are a major source of revenue for municipalities, and given the current state of the economy, they are not going to let you off easy. They need the revenue to make up for the shortfalls in their budgets.

It really bothers me to admit this, because I work in the legal field and have a healthy respect for it. I was disappointed by the outcome of the hearing because I don't think should have paid a fine at all. For those of you brave enough to fight the tickets, know that the odds, at least in Scottsdale, are stacked against you before you even walk into the courtroom. That doesn't mean you shouldn't exercise your constitutional rights, however. Just be prepared for a fight.

If you need assistance preparing for ticket hearing, drop me a line and I'll try to help.

There's more to this story! Stay tuned! Christine

Entrepreneurial Obstacles Seminar Cancelled

I'm disappointed, but I had hardly any responses to my e-mail about this seminar. I might offer it again and try a different marketing angle. Stay tuned for a reschedule date sometime in the future.

Are Your Personal Assets Protected?

Every type of business entity, whether it's a corporation, limited liability company or partnership should be keeping business records to protect the personal assets of the company's owners. It's less likely that the corporate veil will be pierced if you're documenting company meetings and actions. Why? Because it shows you're serious about running your company as a legitimate business.

Too many times business owners get sued and are scrambling to clean up their corporate mess at the last minute. Also, if you're not paying attention, your entity could be administratively dissolved. There is no corporate veil if you're not in good standing with your company's state of domicile.

Don't wait until something happens to get organized! This information should help you get started.

A minute book typically consists of key documents related to the organization of your company. This includes:

1.    The company's Articles of Incorporation/Organization and
       any amendments
2.    The Affidavit of Publication (if applicable)
3.    The letter from the IRS confirming the issuance of a tax 
       identification number
4.    Organizational/annual minutes and resolutions
5.    The Company's Operating Agreement or Bylaws
6.    Any annual reports that have been filed
7.    Any other information, such as business licenses or other information requireid for your business.

It's a good idea to keep backup copies of this information in another place in case your minute book is destroyed.

If you need more information about managing your legal entity, want help with assembling your company's corporate minute book, or need a new LLC or corporation, call me at 602-350-2151 or e-mail me at
Christine@DesertEdgeLegal.com.

How to Fight a Traffic Ticket, Part One

I've lived in Arizona for just over two years and just received my first traffic ticket. Or, rather tickets.

I moved here from St. Louis, Missouri, where speeders can retain an attorney, who then negotiates with the Prosecuting Attorney from the municipality that issued the ticket. Essentially, the attorney tells the Prosecuting Attorney that their client will agree to pay a fine and court costs in exchange for the PA recommending the ticket be amended to a non-moving, non-point violation. Since I worked in law firms, I almost always obtained an amendment and paid $125 a pop for the speeding tickets I received and no points were ever assessed.

There are law firms in St. Louis that handle only traffic  tickets!

In Arizona, there are three options: attend defensive driving school, (which is a revenue generating source for the State), pay a ridiculous fine without attending traffic school and points are assessed, (which is also a large source of revenue for the State) or request a hearing.

A few weeks ago, I made a right turn onto 70th Street from Shea in Scottsdale. The signs there say the speed limit there is 35 miles per hour. There was a fair amount of traffic that day because there were two police officers writing tickets and the traffic was slowing down because of the police officers in the area. Somehow, the police officer figured out a way that it was possible for me to speed despite the traffic.

I was stopped for speeding in a school zone and the officer gave me a second ticket for an unsafe lane change. I'm not clear on where he thought I was speeding, but the signs are confusing and if he had me on radar in the 35 mile per hour zone, he shouldn't have ticketed me. I think the officer made a mistake and ticketed the wrong person or stopped me in for speeding in a school zone when I wasn't actually speeding in a school zone.

Beside that, the signage there is confusing. Is it a school zone or a construction site? There's a huge sign on the fence that says "McCarthy Construction" and there's nothing to otherwise indicate it's a school.

The best part about this is that it wasn't a camera ticket -- it was a police officer on a motorcycle. From a defense standpoint, I think I have a few arguments that I wouldn't have if I received a camera ticket.

After considering all my options, I decided to request a hearing before a judge. If I had only received one ticket I might have considered attending driving school, but under the circumstances it would only get me out of one ticket. Also, I don't think I was guilty of either offense. I was mad as hell and found myself relishing an opportunity to cross examine the police officer on the stand, assuming he even shows up for the court date.

Yes, I realize getting excited about a traffic ticket sounds odd and probably terrifying to many of you, but the law is an area I'm fairly comfortable with. I had some great attorney mentors I've watched prepare expert defenses in the past and I'm comfortable with my odds. I don't think I have much to lose -- the difference in costs of paying the ticket and going to driving school is only $25 and I think I can get at least one of them dismissed, if not both.

I bought a book called "An Educated Guide to Speeding Tickets: How to Beat and Avoid Them" by Richard Wallace, II. He is a former police officer who became disillusioned with being a police officer and specifically, the number of tickets being written for speeders. About half of the information in the book is information I knew from working in the legal field, but the rest of it is surprising. For example, did you know that insurance companies give the radar devices to police departments to use in pulling speeders over?

Wallace goes into great detail in the book about radar's faults, how police departments don't have the devices calibrated as often as they should and that police officers don't always have adequate training to use the radar devices. He also talks about how the whole system is a racket and that many officers are given quotas because a large percentage of a city's revenues are generated from writing speeding tickets. 

In Missouri there are municipalities outside of St. Louis that generate a whopping 45% of their operating revenue from speeding tickets. That area is on Highway 70 near Lambert St. Louis airport and is known as "the vortex" because everyone locally knows they'll get a ticket for going only one or two miles over the limit. 

I'm lucky that I'm comfortable with the law, because I realize that a lot of you aren't. When I win and the tickets are dismissed, I'll be in position to help you fight speeding tickets and win.

My next step is a visit to the Scottsdale Police Department to make a records request. I've already returned to the scene and photographed the signs and will be preparing a diagram to take to court for the hearing.

Stay tuned for my updates! My hearing is on October 15 at 1:00 p.m. in Scottsdale. I'll keep you posted on my preparations for the hearing.

This email was sent to [email address suppressed]. You can instantly unsubscribe from these emails by clicking here.