| Volume 83 Number 10 |
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The People’s Lawyer’s Tip of the Day
In Texas, there is no wage garnishment except for child support, certain federal loans, and taxes. A debt collector's threat to garnish your wages when he cannot do so (like a credit card debt) violates Texas and federal debt collection laws.
For more general information about the law, visit my website. Click here for more.
Fans Injured in Massive Nascar Crash
Over the weekend, a horrible crash at Daytona International Speedway left at least 28 fans injured. The injuries occurred after a car, traveling about 190 miles per hour, went airborne and crashed into the protective fencing surrounding the track. After the entire front end of the vehicle was torn off, a burning engine ripped through the fence. In seconds, chunks of debris had showered fans in attendance. Fourteen fans were treated on scene while fourteen others were taken to the hospital.
In the aftermath of the awful crash, fans are expressing concern over their safety at future Nascar events.
Did Nascar take proper precautions to protect spectators? Is Nascar liable for the injuries, or did the fans assume the risk when they purchased tickets?
Click here for more.
Sequester to Start Friday March 1
Unless congressional leaders reach a deal soon, the government will be forced to make massive spending cuts of five to seven percent for most government agencies. Under a budget agreement made at the beginning of the year, the cuts would begin this Friday, March 1.
Both republicans and democrats now agree that a sequester is inevitable.
What impact could a sequester have on the public?
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Millionaire Intends Mars Flight By 2018
It would take 501 days to send astronauts on a continuous flight to Mars and back. It should come as no surprise then, sending astronauts on such a trip would require extensive planning. Thanks to a millionaire investor, it may even come to fruition. The catch? The flight must launch in 2018 or wait until the 2030's.
Find out why!
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Your Money
How much does your mortgage really cost? Click here for more.
For the Lawyers
Mortgage foreclosure is debt collection under FDCPA. The Sixth Circuit held that a law firm that filed an action to foreclose on a mortgage engaged in “debt collection” subject to the requirements of the Fair Debt Collection Practices Act. The court noted that “every mortgage foreclosure, judicial or otherwise, is undertaken for the very purpose of obtaining payment on the underlying debt, either by persuasion (i.e., forcing a settlement) or compulsion (i.e., obtaining a judgment of foreclosure, selling the home at auction, and applying the proceeds from the sale to pay down the outstanding debt). … Accordingly, mortgage foreclosure is debt collection under the FDCPA.” The court also held that an attorney who meets the general definition of a debt collector “must comply with the FDCPA when engaged in mortgage foreclosure. And a lawyer can satisfy that definition if his principal business purpose is mortgage foreclosure or if he ‘regularly’ performs this function.” Click here for more.