HELP AVOID CONSUMER DEBT - MAKE A BUDGET (Date: 10/13/06)
By: Maxine de Villefranche
As an attorney doing family law, I see the state of total disarray in many people's personal finances during the initial consultation. A common problem is that these people have no idea what they spend each month and don’t realize they’re often spending more than they earn. Many of them have numerous credit cards, and many people filing for divorce, among others, have $50,000 or more in credit card debts.
When you are sick, you pay careful attention to the medicine that the doctor prescribes. When you’re on a diet, you pay attention to the food you eat and weigh yourself every day. Yet most of us don't track how much we spend each month. You may know how much you spend on fixed bills like rent, but chances are that you don’t know to the nearest $100 how much you spend in total.
A budget is essential to taking control of your finances. Maybe there is a place you can tighten your belt. Maybe there isn't. How do you know where to cut back if you don't even know what you're spending?
Try this for one week (or better yet, for a month): you don't need to track every penny, but why not track every dollar you spend during the day? Save your receipts and jot down your daily expenditures. Keep a running tab so you know your month-to-date spending every day. When given a choice, use your debit card, not cash. Keep your debit receipts to make tracking easier and to make your spending more visible.
The biggest enemy of spending control is the ATM. You will be surprised how many "little things" gobble up those $40 withdrawals: cash for Starbucks here, cash for a donut or a muffin there. You then pay with cash as you go out for lunch, and there goes another $10 and it's not even 2 p.m. yet!
Once you make the commitment to track your spending, you can see where you can cut back if you need to. Give yourself an allowance of spending money: one ATM withdrawal of cash per week. Make that $20 or $40 last the whole 7 days. Make the commitment to spend no more cash than absolutely necessary. And continue to track each dollar.
You can't fix the problem until you know what the problem is. Knowing your spending can help you cut back where there is waste. Most importantly, adjusting your spending can help you meet your ultimate goal of saving money to pay off your credit card bills, a down payment for your own home or pay off your home sooner, or for your retirement. Adding $100 to your monthly mortgage payment, or to your car payment will pay either that much sooner. Making a larger payment than just the minimum payment will help you save a lot of money on interest on your credit cards too.
Showing posts with label sick. Show all posts
Showing posts with label sick. Show all posts
Monday, March 23, 2009
Legal Eaze #55 Overtime/Loan Payments/Visitation Modification
Title: September 27, 2006
Q. I am the manager of a restaurant and am a salaried employee. I very often work more than 40 hours a week, yet I do not get paid overtime. Shouldn’t I get overtime pay for the extra hours over 40 hours a week?
A. Not every worker is entitled to overtime pay. There are a few select professions that are not required to pay overtime. Generally speaking however, most hourly employees who are not either independent contractors or professionals requiring advanced degrees are covered by overtime laws. Overtime laws usually do not cover executives who supervise the work of others. Nor do they cover certain administrative employees who do “non-manual” work related to either management policies or general operations of the business. Such “executive” or “administrative” employees must also be paid a set minimum weekly salary in order to be exempt from overtime requirements (versus employees that are paid by the hour). I believe that you fall in the executive or administrator category.
Q. I got involved in online payday loans and got in over my head in hard financial times. One of the loans I obtained required that I pay the loan in full. I informed the company I could not pay in full but offered to make payments until fully paid. The manager refused the partial payments stating the loan needs to be paid in full, otherwise they will garnish my wages. Can they do this despite my offer to make payments?
A. Unfortunately, the agreement that you signed will dictate the company’s collection rights and/or your obligations to repay the loan as you promised in the written agreement, if this agreement is legally enforceable. You should have an attorney review the agreement you entered into to advise you of your rights, if any, under this agreement.
Q. My son travels to Florida every summer for his visitation with his father. He spent 3 weeks there and came back extremely sick. 2 days after he came back, he was hospitalized in the ICU. He turned out to be diabetic and his father explained away our son’s extreme weight loss by stating he was overactive with sports. Does he have to go next summer?
A. You need to file an Order to Show Cause for modification with the Court that ordered the summer visitation with his father. The Court needs to be made aware that your son’s health is being overlooked by his father and that the boy almost died the last time he went to visit his father. This is a very serious concern and the Court may very well change the visitation schedule.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Q. I am the manager of a restaurant and am a salaried employee. I very often work more than 40 hours a week, yet I do not get paid overtime. Shouldn’t I get overtime pay for the extra hours over 40 hours a week?
A. Not every worker is entitled to overtime pay. There are a few select professions that are not required to pay overtime. Generally speaking however, most hourly employees who are not either independent contractors or professionals requiring advanced degrees are covered by overtime laws. Overtime laws usually do not cover executives who supervise the work of others. Nor do they cover certain administrative employees who do “non-manual” work related to either management policies or general operations of the business. Such “executive” or “administrative” employees must also be paid a set minimum weekly salary in order to be exempt from overtime requirements (versus employees that are paid by the hour). I believe that you fall in the executive or administrator category.
Q. I got involved in online payday loans and got in over my head in hard financial times. One of the loans I obtained required that I pay the loan in full. I informed the company I could not pay in full but offered to make payments until fully paid. The manager refused the partial payments stating the loan needs to be paid in full, otherwise they will garnish my wages. Can they do this despite my offer to make payments?
A. Unfortunately, the agreement that you signed will dictate the company’s collection rights and/or your obligations to repay the loan as you promised in the written agreement, if this agreement is legally enforceable. You should have an attorney review the agreement you entered into to advise you of your rights, if any, under this agreement.
Q. My son travels to Florida every summer for his visitation with his father. He spent 3 weeks there and came back extremely sick. 2 days after he came back, he was hospitalized in the ICU. He turned out to be diabetic and his father explained away our son’s extreme weight loss by stating he was overactive with sports. Does he have to go next summer?
A. You need to file an Order to Show Cause for modification with the Court that ordered the summer visitation with his father. The Court needs to be made aware that your son’s health is being overlooked by his father and that the boy almost died the last time he went to visit his father. This is a very serious concern and the Court may very well change the visitation schedule.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Legal Eaze #48 Child Custody Jurisdiction/Reimbursement
Title: June 14, 2006
Q. My brother and his wife just had a baby girl a few weeks ago. They live in Florida. His wife came to spend some time with her parents here in California and brought the baby with her. The next thing we know, the wife filed for sole custody of the baby in California and does not plan to go back to Florida. Can she do that?
A. A petition for custody needs to be filed in the Court that has jurisdiction in accordance with the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). The “home state” means the state in which a child lived with a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. Obviously the baby is not even six months old yet. Unless “emergency” jurisdiction applies, i.e. there is a genuine “immediate” and “substantial harm” to the child or the mother, the California court will more than likely refuse to make a decision in the case because it does not have jurisdiction over the child. However, if your brother has a violent temper and she fears for her own safety or the safety of the child, then “emergency” jurisdiction would apply and the California court will make a decision either on an ex-parte basis or after a second hearing to allow both parties to prepare their argument in writing.
Q. I bought a carton of Snapple tea bottles from a grocery store (24 bottles were included). A few days later, I picked up a bottle and was getting ready to open it when I noticed some strange green stuff inside the bottle. I grossed me out and I vomited the meal I had just eaten. I returned the bottle to the store and an employee took a report, but nothing was done to reimburse me for the trouble I went through. What can I do?
A. Other than the dinner you lost, were you injured? Did you have to go to the hospital or doctor for mental stress? There is little you can do because your damages are minimal. You could bill the store for the meal you lost. The store where you bought the tea did not manufacture the bottles and it would be up to the manufacturer to reimburse you for the damages you suffered. If I was the owner of the store, I would probably offer you another carton just to appease you. Make sure that the bottle you are about to drink from is still sealed. It is possible that the bottle was “banged” around and the seal was broken. The “green stuff” you saw inside the bottle was probably harmless mold.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Q. My brother and his wife just had a baby girl a few weeks ago. They live in Florida. His wife came to spend some time with her parents here in California and brought the baby with her. The next thing we know, the wife filed for sole custody of the baby in California and does not plan to go back to Florida. Can she do that?
A. A petition for custody needs to be filed in the Court that has jurisdiction in accordance with the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). The “home state” means the state in which a child lived with a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. Obviously the baby is not even six months old yet. Unless “emergency” jurisdiction applies, i.e. there is a genuine “immediate” and “substantial harm” to the child or the mother, the California court will more than likely refuse to make a decision in the case because it does not have jurisdiction over the child. However, if your brother has a violent temper and she fears for her own safety or the safety of the child, then “emergency” jurisdiction would apply and the California court will make a decision either on an ex-parte basis or after a second hearing to allow both parties to prepare their argument in writing.
Q. I bought a carton of Snapple tea bottles from a grocery store (24 bottles were included). A few days later, I picked up a bottle and was getting ready to open it when I noticed some strange green stuff inside the bottle. I grossed me out and I vomited the meal I had just eaten. I returned the bottle to the store and an employee took a report, but nothing was done to reimburse me for the trouble I went through. What can I do?
A. Other than the dinner you lost, were you injured? Did you have to go to the hospital or doctor for mental stress? There is little you can do because your damages are minimal. You could bill the store for the meal you lost. The store where you bought the tea did not manufacture the bottles and it would be up to the manufacturer to reimburse you for the damages you suffered. If I was the owner of the store, I would probably offer you another carton just to appease you. Make sure that the bottle you are about to drink from is still sealed. It is possible that the bottle was “banged” around and the seal was broken. The “green stuff” you saw inside the bottle was probably harmless mold.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Monday, January 5, 2009
Legal Eaze #18 Dust/ Credit Card Theft
Originally Printed: March 23, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. There is a lot of new activity on the land next to our house. The lot is being prepared for new building and a tractor has been grading it. Unfortunately, a tremendous amount of dust has been drifting towards our house, and last week when it was hot enough to have our windows open, my wife complained that she constantly had to dust our furniture and our baby has started to cough because of the amount of dust we are getting in the house. Our son’s bedroom is located nearest the grading. We fear that our son is getting very ill due to this dust. What can we do?
A. There are laws requiring that dust be abated by watering the earth being moved. The contractor who is doing this work is doing so in violation of these laws. If you are located within the boundaries of the city of Tehachapi, you need to call the Department of Code Enforcement at City Hall. If you are located in Kern County, you would have to call the equivalent department in Kern County. I would go next door and warn the person driving the tractor to stop doing so unless the soil is wetted down first. If you son is becoming ill as a result of dust rising from a building project, first take him to a doctor, switch him to another room where he would not be exposed to the dust until the contractor next door becomes more responsible to your plight. If your child’s health has been affected by the contractor’s violation of laws, you can sue him for your son’s health problems. Dust can severely affect the health of those who work or live in close proximity of new building projects and dust abatement is a must when such projects are being completed.
Q. I had my wallet stolen during the holidays last year and I am afraid that I have become the victim of identity theft. All my important documents were in the wallet and now I am getting bills from credit cards I reported stolen three months ago as well as from stores I never shopped at, Internet Web sites, etc. What should I do?
A. I hope you reported the theft to the police. That is the first thing you need to do. Then, you need to write an explicit letter to all four (there is a new one now) credit reporting agencies, giving details of the items that where stolen, when, where; and write to each one of the creditors explaining what happened. You also need to contact the Federal Trade Commission, which has a Web site where you can report the theft.
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. There is a lot of new activity on the land next to our house. The lot is being prepared for new building and a tractor has been grading it. Unfortunately, a tremendous amount of dust has been drifting towards our house, and last week when it was hot enough to have our windows open, my wife complained that she constantly had to dust our furniture and our baby has started to cough because of the amount of dust we are getting in the house. Our son’s bedroom is located nearest the grading. We fear that our son is getting very ill due to this dust. What can we do?
A. There are laws requiring that dust be abated by watering the earth being moved. The contractor who is doing this work is doing so in violation of these laws. If you are located within the boundaries of the city of Tehachapi, you need to call the Department of Code Enforcement at City Hall. If you are located in Kern County, you would have to call the equivalent department in Kern County. I would go next door and warn the person driving the tractor to stop doing so unless the soil is wetted down first. If you son is becoming ill as a result of dust rising from a building project, first take him to a doctor, switch him to another room where he would not be exposed to the dust until the contractor next door becomes more responsible to your plight. If your child’s health has been affected by the contractor’s violation of laws, you can sue him for your son’s health problems. Dust can severely affect the health of those who work or live in close proximity of new building projects and dust abatement is a must when such projects are being completed.
Q. I had my wallet stolen during the holidays last year and I am afraid that I have become the victim of identity theft. All my important documents were in the wallet and now I am getting bills from credit cards I reported stolen three months ago as well as from stores I never shopped at, Internet Web sites, etc. What should I do?
A. I hope you reported the theft to the police. That is the first thing you need to do. Then, you need to write an explicit letter to all four (there is a new one now) credit reporting agencies, giving details of the items that where stolen, when, where; and write to each one of the creditors explaining what happened. You also need to contact the Federal Trade Commission, which has a Web site where you can report the theft.
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