Wednesday March 10 , 2010

Frequently Asked Questions

It is not at all uncommon for consumers to have concerns about their rights.  The questions and answers below are meant to give general information about questions that are frequently asked by consumers.  If you have specific questions that are not covered below, please be sure to give us a call so we can help you.  We do not charge for consultations.

General Questions & Answers

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  • Our Privacy Policy

    This Web site is owned by Hyde & Swigart, (the "Law Firm"). We respect your privacy as well as the privacy of our clients. We know that many visitors to our site may be concerned about the information they may provide and how we may use that information, so the following is provided to address those concerns.



    Privacy Comes First

    Except as otherwise provided in this Policy, our Law Firm does not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly. We only collect personal information for specific purposes such as responding to requests for information or to provide legal services. We will not sell or provide your information to unaffiliated companies or law firms for any purpose unrelated to the business of this Law Firm. In some instances, we may use this information to inform you of our services that may be of interest to you. Except as provided herein, our Law Firm will not disclose any information about you to unaffiliated companies or organizations without your consent, unless:

    • required by law;
    • we believe it necessary to respond to an inquiry or provide you with a service which you have requested;
    • to implement the terms of our legal services;

    Our Law Firm recognizes the trust you place in us when you give us personal information. In order to operate the Web site or deliver our legal services within the State of California and the State of Arizona, we may sometimes share your minimal personal information with a service provider under strictly confidential conditions in order to assist you in your legal matter. We will not otherwise disclose your personal information to anyone without your explicit consent. Our Law Firm reserves the right to change its Web Site Privacy Policy at any time, and will immediately post the updated information here on its Web site.

    Our Web Site Use Policy

    You are not required to register or provide information to us in order to view much of our site. To obtain legal services from our Law Firm within the State of California and the State of Arizona, you may be asked for personal information. We use your personal information to only to respond to inquiries you initiate or to provide you the legal services you have requested and we have agreed in writing to provide. Our Law Firm will use your information only in accordance with this Policy.



    Access to Your Information

    If at any time you want to know exactly what personal information we hold about you or wish to change personal information that is inaccurate or out of date, please contact us our office and we will amend our records.

    Security

    Our Law Firm will endeavor to take all steps deemed reasonable by us to keep secure any information we hold about you, and to keep this information accurate and up-to-date. Any information you submit is stored on secure servers that are protected in controlled facilities. We require our employees and data processors to respect the confidentiality of any personal information held by our Law Firm. Unfortunately, no data can be guaranteed to be 100% secure, so we cannot give an absolute assurance that the information you provide to us will be secure at all times. Likewise, Internet, email and other electronic communication between you and us may be particularly susceptible to eavesdropping or unauthorized interception.


     

  • How To Sell Your Car In California

    General Questions & Answers
    We constantly see California consumers who thought they sold their cars only to have a debt collector contacting them about an accident that occurred, a parking ticket issued, or a towing that took place, after the sale.  If the debt collector is abusing you or trying to get you to pay when debt or incident occurred after the sale of the vehicle took place, contact us here.  However, here is the best way to reduce the risk of that happening to you in the first place.
    1. Fix any minor problems with the car.  If the car needs major work, considering selling the car "as is" for cars worth less than $10,000.
    2. Get the car smog checked. In California, the seller must smog check any car more than 4 model years old before selling the car. If the car does not pass, then fix the car until it does pass.
    3. Clean the car. Thoroughly wash the interior and exterior. Consider shampooing the carpet.
    4. Take pictures. Take at least two pictures of the interior and the exterior, for a total of four pictures.
    5. Assess the value of your car.  Check the value of your car at www.kbb.com or www.edmunds.com. Then, check www.craigslist.com to see what price similar cars are selling for in your area.  Remember that the final price at sale will probably be lower than the initial listing price.
    6. Download a Bill of Sale from the California Department of Motor Vehicles, here.
    7. Locate the Certificate of Title for the car.  (If the car is financed you probably do not have this.  You will have to contact the company that financed your car and either pay the car off or make arrangements with the finance company to sell the car jointly.)
    8. On the Certificate of Title, there is  "Notice of Transfer and Release of Liability" form.  (It is usually on the top of the Certificate of Title and has red lettering.)  You will need this.
    9. Create an email address.  Do not use your usual email address.  This way, after you post your ad and the car is sold, you will not have to deal with spam.
    10. Create an ad. Be sure to include all the good things about the car as well as the make, model, year, mileage and asking price.  Check other ads for your car to get some ideas.
    11. Post your ad on craigslist.org
    12. Once you have someone interested in buying the car, agree to meet in a public place and during the day.  (Your bank's parking lot is a good choice.)
    13. Only accept cash or cashiers check.  Do not accept a personal check.  If you do not think you would be able to identify a fake check or counterfeit bills, then bring your buyer into the bank with you and have him deposit the money directly into your account.  Even smarter, bring your buyer into the bank with you and have him deposit the money directly into your account either way.  (If the buyer hesitates to enter the bank, you may have a problem.  The seller may be afraid of the cameras.)
    14. Sign the Certificate of Title.  Do this in the bank, if you are there.  Give the buyer the signed Certificate of Title and have him fill out the Notice of "Transfer and Release of Liability" form.
    15. Immediately after the sale, make a copy of the "Transfer and Release of Liability" for your records and send the original to the California Department of Motor Vehicles.  (Remember to sign the "Transfer and Release of Liability.")
    16. Contact your insurance company and tell them you sold your car.
     

  • I think I am being abused by a debt collector. What is it going to cost for me to sue them?

    General Questions & Answers
    We do not charge anything, no attorney fees, no costs, in order to sue a debt collector unless we win. And even when we win, we only take a percentage of the amount awarded. In the alternative, if the court decides to award us attorney fees, we keep that.