The deposit for the purpose of the guarantee of precautionary maintenance payments represent on his part a precautionary measure, which is eo ipso cancelled with valid conclusion of the divorce proceedings with regards to the maintenance. In accordance with Clause 6 of the agreement, the release of the deposited amount requires either an agreement among the parties or a judicial decision. Is the latter the case, the competence of the court has to remain naturally in the context of legal bases. Concerning this matter, it needs to be stated that the order relating to the request of the appellant to the (partial) payment to herself for the repayment of the awarded monetary compensation would equal a direct enforcement in the sense of Art. 236 …show more content…
132 (2) ZGB - whose conditions were probably not fulfilled anyway - nor the continuing validity of the deposit to the possibility to aim for official enforcement in terms of the order from the appeal judgement (see for the latter Spycher, a.a.O., N 23 to Art. 276 ZPO). It should be noted that in order to ensure the enforcement of the monetary compensation based on Art. 271 (1.6). 6 SchKG, the provision for an arrest is available, whereby the appropriate request could be submitted already during the specified appeal period, since the complaint to the Swiss Federal court usually has no dilatory effect and the appeal judgement is, therefore, executory until issuance (see Art. 103 (1 and 3) BGG).
11.a. If the contested decision is to be corrected after what has been said, also the costs of the previous instance have to be reassessed (Art. 318 (3) ZPO). Here, the appeal instance has, regardless of the fact that the proceedings of the previous instance are based on the regulations of the Grisons Code of Civil Procedure, apply the valid procedural law. With a reformatory decision, there is no question, whether the first instance has handled the past cantonal procedural law during the cost allocation in the correct manner; the appeal instance has to
Summary: Guinn’s stated that trial court abused the discretion in objecting Dotson’s second amended complaint and rule on the motion to filing a certificate of merit late.
Facts: In January 1992, Jesse and Deborah Howell (“debtors”) retained Danna Archer to represent their “personal interest, including…interest in their wholly owned corporation, Debbie’s School of Beauty Culture (“school”)” (In re Howell, 1992). A month later, the debtors voluntarily filed for Chapter 13 Bankruptcy. The debtors retained Nelson Jones, who is not affiliated with Archer, to file Chapter 11 Bankruptcy on behalf of the school. In March, the debtors Chapter 13 Bankruptcy case was converted to Chapter 11, and Archer filed a motion for a Joint Administration for the two estates. The motion was granted in May. Archer ceased legal representation of the school due to the theoretical conflicts of interest the following month. In October, 1992, the joint administration was granted a motion to discontinue. Archer is seeking $21,015.97 for legal fees and expenses. $14,587.42 was granted as it stemmed from the personal bankruptcy case. $6,428.55 was taken under advisement as the amount relates to fees accrued from representing the school (In re Howell, 1992).
Clegg case is the most recent and instructive dissertation on this vexed issue. The presiding judge, Justice Hoeben, referred to the previous case of Kilpatrick. There Foster J indicated that the obligations of the Tribunal are clearly satisfied if, in approaching the question of excessiveness, it has regard to matters in paragraphs (a) and following, in
Note that your students can find the answers to the even-numbered For Review questions in Appendix F at the end of the text. We repeat these answers here as a convenience to you.
Virginia had a huge debt after the civil war, how to deal with the debt crisi in Virginia was up in the air, there were two groups the Funders who wanted the debt paid in full and the Readjusters who wanted the interest from the debt to be reduced as much as possible. By the end of the 1870s many African Americans supported the Readjusters and opposed the Funders. In
Community association assessments are considered consumer debt as defined by the Fair Debt Collection Practices Act (FDCPA) and certain state laws. CAI supports reasonable statutory restrictions that apply to the collection of community association assessments to avoid owners from being subjected to abuse or harassment. CAI also recognizes that FDCPA and state statues governing collection may provide technical arguments to owners that have not suffered harm and such arguments can be used to avoid paying legitimate assessments that are essential to operate community associations. CAI supports legislation that eliminates technicalities in which owners can utilize the FDCPA or other laws to avoid paying legitimate assessments.
L2. With the decision from October 27, 2008, communicated on November 5, 2008, the district court presidency Prättigau/Davos ordered in the context of new precautionary measures between the parties (case no. 1302008-24):
An appeal in the criminal law system is a defendant’s way of challenging the court’s decision. In this paper I will discuss what an appeal is, how it factors into the overall procedures and process of the criminal system. How the appeals process may be improved. Steps in the appeals process and an example case of an appeal. And why the example case appeal did or did not succeed.
One of the foundations of arbitration is that awards rendered are final and not subject to appeal before the courts. In this respect, Article 5 of the UNCITRAL Model Law provides for minimal intervention, and says, “In matters governed by this Law, no court shall intervene except where so provided in this Law“. As a result, the grounds upon which a court may set aside an award or refuse to recognize and enforce the same are limited. Article 34 of the Model Law and Article V of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards provide the restrictive grounds for such relief.
Having a collection agency will allow medical professionals to focus more on the patient rather than payment. Debt collections can be very time consuming. Some payers may be slow to pay which will take up a lot of time. This will include sending letters, send emails, make phone calls and etc. Bringing in a medical collections agency lightens the load for employees, reducing stress and increasing work productivity. Also, hiring a medical agency will allow you a better chance of getting paid. Patients may not respond to your collections efforts, only to immediately pay up after they hear from a collections agency. A professional debt collector typically uses more consistent and assertive methods of recovering delinquent debt, leading to a
WWW.IBISWORLD.COM DebtCollectionAgenciesintheUS October 2012 Paying off: Debtors had trouble paying out, but the recovery will return balance to the industry IBISWorld Industry Report 56144 Debt Collection Agencies in the US October2012 EbenJose 2 AboutthisIndustry 18 International Trade 36 KeyStatistics 2 Industry Definition 19 Business Locations 36 Industry Data 2 Main Activities 2 Similar Industries 21 CompetitiveLandscape 2 Additional Resources 21 Market Share Concentration 36 Annual Change 21 Key Success Factors 4 IndustryataGlance 36 Key Ratios 37 Jargon&Glossary 22 Cost Structure Benchmarks 23 Basis of Competition
Version control is important as procedures and legislations often change. As there are various stages to appeal it is important that the appellant receives all information concerning the judicial process of appealing a Penalty Charge Notice. It is therefore important that the appellant receives the most recent version of procedures as to ensure that the
A conference relating to this appeal from the findings of the examining agent is requested
The famous author and playwright, Thomas Dekker was lucky enough to work with some of the most popular and well-respected writers of his time that includes the name of Ben Johnson. Nonetheless, irrespective of the number of plays that he did, mostly in collaboration with others, he was always confronted with legal issues pertaining to financial matters. He was also imprisoned and that too more than once. He was imprisoned for more than three years for the first time (Bellinger 240). Yet again, he found himself in debt of forty pounds in the year 1612 for which he was sent to King's Bench Prison for almost seven years. Because he was imprisoned for indebt issues, he developed negative feelings against the attitude of the king towards the people who were not able to pay their debt. When one reads his analysis, it is pretty clear that he was not fond of the government at that time. It is important here to mention the different kinds of debt. One kind of debt is the one that is forced on a person without that person being responsible for it, but is only a result of lack of concern towards financial matters. In his book The Lantern and the Candlelight, he has explained extensively the way of living of the people during the late sixteenth and early seventeenth century. Moreover, he also writes about the injustice of the debtor's towards those who were in debt. When writers write about things that they have experienced themselves, there is a special
The clear provisions in Schedule 4 of the Civil Jurisdictions and Judgments Act of 1982 are the primary reference point. In an instance where the interpretation in a case is unclear, the local courts are required to have consideration for the provisions that have been provided for by case precedents of the commercial nature of the European Court of Justice. The declaration is captured in Section 16 (3) of the Brussels Regulation. However, it is critical to appreciate the fact that the European Court of Justice has no jurisdiction in the interpretation of the provisions that have been spelt out in Schedule 4 of the Brussels Regulation. This was held in the case of Kleinwort Benson Ltd. v. City of Glasgow District Council, [I995] ECR I-615. ' (1996) 33.