Legal Information in a Background Check

Background Checks. Although the word may seem scary, this is not something to be feared. In fact, it’s a normal part of life, and at some point everybody will have a background check done on them. There are a multitude of reasons why a background check could be done reasons varying from a new job, before moving into a new apartment or condominium and more. And although you have no control what appears on the background check report (your history is your past, and there’s very little you can do to change the past), you do have the right to protect your privacy by knowing what is legal and what is not legal information on a background check report.

A background check usually contains a lot of different information. Most of the information is compliant with the Fair Credit Reporting Act (FCRA) but sometimes you may find information that seems either out of place or unnecessary. There are people that legally can have all the information, for example, any jobs involving the government, FBI or police. In those cases, the government is allowed to know all information because it is in regards to national safety. In all other cases where the government is not involved, access to that information is denied. An important step to ensuring your privacy is by asking what information is requested on the background check. If the employer or renter (or whomever) gives an unclear answer or disregards the question all together, have them write down exactly what information they are looking for. That way, if something on the background check shows up that was not originally communicated; you are able to take the appropriate steps to clear things up.

Every company has different policies on what information they need. The general standard check can include any or all of the following; felony and misdemeanor arrest and conviction charges, education and professional license verifications, employment checks, social security verifications, sexual offender checks, motor vehicle reports, federal criminal checks, reference checks, civil litigation, OIG database, federal bankruptcy and many others. There is also an industry standard to how long this information can be used for hire. The FCRA also states that a company can go back seven years for hire. Any older information is declared illegal and must be discarded.

If by some off chance you do end up finding information there are steps you can take. The best step is to have a conversation with the other party, and for the most part, any problem that you may have can be solved easily. Furthermore, if the problem still hasn’t been solved, try consulting a lawyer. If the information provided is old and past the seven year scope, there is legal action that can be taken.

When a company or person requires a background check it is important to know your rights regarding your privacy. If you suspect that there is illegal information on your background check report, there actions you can take so that you are protected.

Sorting Through The Lawyers To Get The Best Of The Best

Lawyers are able to be a savior when a person needs it the most. This is due to many times a person will in one way or another. These cases are many times a very hard thing for a person to deal with. These people need to be able to feel comfortable that their case will be dealt with and that they will get the results tat they are seeking out.

The type of lawyer that you need, will be an important aspect that you need to make sure that you consider the type of lawyer that you need for the case that you are currently facing. It is a good lawyer that will be able to give a person the piece of mind in knowing that their case is being dealt with by a professional. This can be of great relief to a person.

There are several different types of lawyers that are able to be hired to handle a wide range of problems for a person. Depending on the severity and type of case will depend on what the person will need to hire. These are a few of the types to keep in mind.

A civil case will need a professional that can handle the appropriate type of case that you are looking at. There are plenty of these to choose from and it will solely depend on what you are looking for that will make all the difference in your case. Research your options carefully to get the best possible results.

Auto accidents are able to be a welcome relief when it comes to having a tough and competent lawyer that is in their corner. There are a great many number of lawyers that are located all over the area. All you need to make sure that you do is to research the number that there is to choose from and you will need to make sure that you get the one that will give you the best possible results.

Divorce lawyers are able to be located on a regular basis to assist a person I the way of getting the best possible results from their case. It is a nasty thing having to go through a divorce and all that a person really wants, is for the case to be over and get on with their life after the divorce.

Personal injury lawyers are the final category of attorney that you need to seriously take a look at, this is one of the most commonly used representation that is able to be had in a time of a person being injured. In many cases the lawyer will take no fee unless he wins your case for you.

Lawyers are a wonderful thing for a person to look into for their needs after an accident or to win a particular case. It will be the person in questions decision to choose which one is the best one for you to use for your efforts, good luck in your particular case.

Is a Lawyer a Debt Collector, and Should You Sue the Lawyer If You Can When Sued For Debt?

As many people know, original creditors are treated differently than debt collectors. The Fair Debt Collection Practices Act (FDCPA) applies, by and large, just to debt collectors and gives original creditors a relatively free ride. So where do lawyers fit in? And should you sue them if you can?

Lawyers Can Be Debt Collectors

Lawyers are not protected under the FDCPA. They can be, and as a practical matter the one suing you probably is, a debt collector. However, if the lawyer is representing an original creditor and acting in its name, he will be treated as an original creditor. If you are being sued by a debt collector, chances are good that the lawyer is also a debt collector, you can pretty much count on it. He can be sued for things he does wrong.

Before you go suing the lawyer, though, there are two things you should know: one has to do with your legal rights, and the other is more of a practical consideration.

Respondeat Superior

There is a concept in the law that makes people responsible for the things people who are acting as their agents do. This is known as “respondeat superior.” With a few exceptions, an employer is liable for the actions of an employee. That means a client is responsible for the actions of his or her lawyer. In general, this means that a debt collector is responsible for anything that its attorney does. Or to put it differently, you don’t need to sue the lawyer to attack the debt collector.

Should you do it anyway, though?

Tactical Considerations

Whether or not it makes sense to sue the lawyer is not an easy decision. I know you take the lawsuit personally-it represents a large threat to your personal and financial well-being. Naturally you want to strike back, personally, at the human person you see on the other side. The question is, though, is this the decision most likely to give you the most benefit? Is it most likely to cause them to drop the case and leave you alone?

I don’t know. Most of the time, the lawyers suing you regard your case from a purely business perspective attempting to maximize their profit and minimize the cost of suing you. And much of my approach to debt litigation has been to suggest that people exploit this business perspective by making your case unprofitable. That is relatively easy to do, although of course this isn’t always enough. If you sue the lawyer, you change her motivation. Then, instead of it being a merely business decision, you increase the personal stakes for the lawyer. It makes things unpleasant for the lawyer, no doubt, but it also motivates them to work much harder in many cases. You have multiplied your enemies.

A Final Legal Consideration

If you are suing the lawyer, your claim is not exactly a “counterclaim.” Instead, what you would probably do is counterclaim under the FDCPA against the debt collector and bring a third-party suit (within the same lawsuit) against the lawyer. The pleading is just called a third-party suit and names the lawyer as third-party defendant and states your claim in the same way the counterclaim did. Then the lawyer has to be served a summons. None of this is specially difficult, but it is time-consuming. Given the questionable benefit of suing the lawyer, I rarely thought it was worth spending the extra time. You’ll have to decide what makes sense to do in your case.