Many potential clients have questions they'd like to ask prior to meeting with a lawyer. Madia Law has included answers to a number of frequently asked questions below.
If you have any other questions, please contact Madia Law by email or phone.
Business Litigation
What is business litigation?
What are the differences
between going to a court trial as opposed to alternative dispute resolution, such mediation or arbitration? Does Madia Law handle alternative dispute resolution cases?
My company is involved in a business dispute that I suspect may result in litigation. What should I do to protect my company?
How long will a lawsuit take?
What if my company needs legal advice on a matter but it is not involved with litigation?
Consumer Law
Do I have rights even if debt collectors or creditors are trying to collect a legitimate debt from me?
There is inaccurate information in my credit history and I’ve tried to correct it, but no one seems to care. Can I do anything about it?
What if I can’t afford a lawyer?
A debt collector has already obtained a judgment against me and is now garnishing my wages. Can I do anything to stop the garnishment?
How do I know if my credit report is accurate? Do credit bureaus really make mistakes on the credit history of different people?
How do I know whether I’ve been the victim of fraud?
Immigration Law
What are the different things I should consider when deciding what kind of visa application I should make to USCIS?
What is H-1B status, how do I apply for it, and can I use H-1B status even if I want to stay permanently in the United Sates?
Am I eligible for an employment-based Green Card?
Am I eligible for a relative- based Green Card?
How can I become a U.S. citizen?
What should I tell someone I know who is facing deportation?
BUSINESS LITIGATION
1. What is business litigation?
Business litigation is the process for resolving disputes arising from business, commercial, and professional relationships. These disputes can either be resolved by a court trial or through alternative dispute resolution proceedings (generally mediation or arbitration).
Common types of business disputes resulting in litigation center on:
- contractual disputes;
- business torts;
- employment issues;
- products liability;
- intellectual property concerns; and
- unfair trade practices.
2. What are the differences between going to a court trial as opposed to alternative dispute resolution, such mediation or arbitration? Does Madia Law handle alternative dispute resolution cases?
Many businesses opt for mediation or arbitration proceedings instead of a court trial because of increased efficiency and decreased expenses. The main differences in the processes center on their rules, formality, and finality.
Mediation is a cooperative process that uses a neutral third party to facilitate discussion and attempt to reach consensus amongst the parties. Mediators attempt to engage both sides in a collaborative way to reach a mutually satisfactory solution. No formal rules of evidence govern the proceeding. Mediation is generally the least formal, quickest, and least expensive way to resolve business disputes. However, it is also potentially the least decisive method, as mediation is generally non-binding on the parties, and therefore dissatisfied parties are free to bring their cases to court.
Arbitration employs a neutral third-party (or a neutral panel) to act as an arbitrator of the parties’ dispute by examining the evidence, listening to arguments, and making a decision. This process is more adversarial than a mediation proceeding and arbitrators will usually loosely adhere to rules of evidence, with some notable exceptions. Arbitration can be thought of as a “mini-trial,” with the presentation of evidence and arguments but without the formalities and expense of a court trial. Parties usually submit in writing to binding arbitration proceedings, meaning that the arbitrator’s decision is final.
The court trial is the most formal, expensive, and time-consuming means of resolving business disputes, but it is also the most likely to preserve all parties’ rights by strict adherence to civil rules of procedure. A judge or jury will examine the evidence submitted by parties, listen to their arguments, and make a decision. Dissatisfied parties are free to appeal through the court system until all appeals are exhausted.
I handle alternative dispute resolution cases. Many different factors play into the decision as to which venue is best for a client. You and I will work together to talk through these issues and determine what’s right for your company.
3. My company is involved in a business dispute that I suspect may result in litigation. What should I do to protect my company?
Get written documentation of everything that you can. Keep written records of your discussions, agreements, and disputes with the other company. Save contracts, receipts, and emails. Insist that the other side put their statements in writing. These documents may serve as evidence to support your position and prove persuasive to a judge or jury.
4. How long will a lawsuit take?
The length of time it takes to resolve a lawsuit varies from case to case and depends on a number of factors. The complexity and evidence of the case, the number of parties involved, the readiness of the parties to settle the case, and the court’s schedule all play a role in the speed of resolution. Simple cases may be settled in a few months while a more complex case may take years.
5. What if my company needs legal advice on a matter but it is not involved with litigation?
One of the best ways to avoid litigation is to seek legal advice on questions before they turn into disputes. You may be able to help your company avoid costly litigation by seeking legal action early. Please contact me and I’d welcome the chance to discuss your company’s issue with you.
CONSUMER LAW
1. Do I have rights even if debt collectors or creditors are trying to collect a legitimate debt from me?
Yes. The Fair Debt Collection Practices Act (FDCPA) mandates that debt collectors abide by certain rules when trying to collect even legitimate debt. For example, debt collectors are prohibited from making misrepresentations, contacting consumers after they’ve been told not to, threatening arrest or legal action, contacting consumers at work, and many other courses of conduct. If debt collectors violate the FDCPA, they may be monetarily liable to consumers.
2. There is inaccurate information in my credit history and I’ve tried to correct it, but no one seems to care. Can I do anything about it?
Yes. The Fair Credit Reporting Act (FCRA) imposes a number of regulations on credit reporting agencies, including the duty to investigate discrepancies that consumers point out about their credit history. If credit reporting agencies violate the FCRA, they may be monetarily liable to consumers.
3. What if I can’t afford a lawyer?
Many consumer protection laws – including the Fair Debt Collection Practices Act and the Fair Credit Reporting Act – force debt collectors and credit reporting agencies to pay the attorney fees for consumers whose rights are violated. The reason for this is to try to make sure that cost doesn’t discourage consumers from protecting their rights. I am able to take many of my consumer cases on a contingency fee basis because of these laws.
4. A debt collector has already obtained a judgment against me and is now garnishing my wages. Can I do anything to stop the garnishment?
Yes, but you’ll need to move quickly. You may be able to stop the garnishment and defend yourself on the debt in question by moving to vacate the original judgment. It’s important to seek legal representation so that your attorney can get to work on showing the Court a number of factors that will help in vacating the judgment. I would welcome the opportunity to discuss your case.
5. How do I know if my credit report is accurate? Do credit bureaus really make mistakes on the credit history of different people?
You should periodically check your credit report – especially before applying for a major loan – to make sure it’s accurate. You’re entitled to one free copy of your credit report from each of the major three credit reporting agencies (Experian, Equifax, and Trans Union) each year. You’re also entitled to a free copy of your credit report if a company takes adverse action against you – such as denying your credit application. Go to annualcreditreport.com to order a copy of your credit report.
Credit bureaus frequently make mistakes on consumer credit reports. Identity theft results in a large number of mistakes, as do merged files. Sometimes, banks and merchants submit inaccurate information to the credit bureaus. Credit bureaus sometimes allow access to your credit information to various companies for marketing purposes – a violation of federal law. Sometimes, bureaus publish obsolete information or fail to note that certain information on the report has been disputed by the consumer. Credit bureaus may be monetarily liable for these mistakes to consumers.
6. How do I know whether I’ve been the victim of fraud?
The most important things to consider are whether you were lied to about your purchase and whether you relied on that lie when making the decision to purchase. The false statement must be demonstrably false, meaning that it can’t just be a statement of opinion. For example, if a salesman told you that you should buy a car because it was “the best car ever,” then you’re probably not the victim of fraud – unless there are other false statements involved – because the salesman made a statement of opinion. On the other hand, if the salesman told you that you should buy a car because it only had 40,000 miles on it, and later you found out that it actually had 140,000 miles on it, then you may have an action for fraud because the salesman made a demonstrably false statement that you relied on in purchasing the car.
IMMIGRATION LAW
1. What are the different things I should consider when deciding what kind of visa application I should make to USCIS?
You should think about how long you want to stay and what reasons motivate you to come to the United States.
A temporary visa may be the solution if you’d like to come to the U.S. for a set period of time and then return to your home country. The U.S. offers a wide range of temporary visas for a number of different purposes and lasting for different amounts of time. These include visas for business visits, study, employment, intra-company transfer, cultural exchange, family reasons, and many others.
On the other hand, if you are seeking permanent residence in the U.S., then an application for a “Green Card” may be more appropriate. Lawful permanent residency, also known as Green Card status, allows immigrants to the U.S. who are not citizens to live and work in the country while enjoying almost all privileges of citizenship. Some ways to obtain permanent resident status include sponsorship by a relative, sponsorship by an employer, and the granting of refugee or asylum status due to persecution in one’s home country.
2. What is H-1B status, how do I apply for it, and can I use H-1B status even if I want to stay permanently in the United Sates?
The H-1B is a temporary visa issued to those who will be temporarily employed in the United States in a “specialty profession.” A specialty profession generally requires a bachelor’s degree or equivalent and the application of a body of specialized knowledge. This status generally lasts for up to six years at a time, though certain exceptions may apply.
Applicants must have a sponsoring employer in order to qualify for this status. The employer must file a labor condition application and Form I-129 with USCIS. After approval of the employer’s paperwork, the applicant may file for this status.
H-1B status persons may take steps towards Lawful Permanent Resident status such as filing for Green Card status or applying for adjustment of status. Such “dual intent” is lawful and has been recognized since the Immigration Act of 1990.
3. Am I eligible for an employment-based Green Card?
You may be eligible for employment-based permanent resident (Green Card) status. USCIS approves 140,000 applications annually of certain immigrants to obtain permanent resident status based on an employment preference system. These approvals result in employment-based Green Cards.
USCIS gives different preference order and maintains varying application requirements based on an immigrant’s employment preference category. The first category is given highest preference, the second category is given next highest, and so on. The employment preference categories are:
First (people of “extraordinary ability,” “outstanding professors and researchers,” and “certain multinational executives and managers”);
Second (“members of the professions holding advanced degrees”);
Third (skilled workers, professionals, and unskilled workers);
Fourth (religious workers); and
Fifth (certain investors).
4. Am I eligible for a relative- based Green Card?
If you have a relative who is a U.S. citizen or permanent resident, you may be eligible for a relative-based permanent resident (“Green Card”) status. Your sponsoring relative must be able to prove his or her citizenship or permanent resident status and ability to financially support you.
U.S. citizens may sponsor their: spouse, children, siblings, and parents. Permanent residents may sponsor their spouse and unmarried children. The waiting period for visas varies and is dependent upon a preference system. The spouses, parents, and unmarried children under age 21 of U.S. citizens have no waiting period once USCIS approves their petition. Relatives in other categories whose applications are approved by USCIS must wait until an immigrant visa number is available from the State Department’s National Visa Center.
5. How can I become a U.S. citizen?
The process by which U.S. citizenship is granted to immigrants is called naturalization. Applications for naturalization require several factors be met, including: permanent resident status for a certain period of time (generally 3 or 5 years depending on the type of Green Card); physical presence in the U.S. for one-half or more of the 3 or 5 year period preceding the application; literacy and fluency in the English language; a basic understanding of American government and history; sound moral character; and a pledge of allegiance to the U.S. Constitution. Immigrants who enlist in the U.S. Armed Forces can apply for expedited naturalization.
6. What should I tell someone I know who is facing deportation?
Tell that person to immediately get an attorney to represent him or her in immigration court. Your friend has a right to be represented and should have an experienced advocate fighting for their interests in deportation proceedings. I would welcome the opportunity to discuss your friend’s case.
