You may be tempted to assume that having received a traffic ticket in a motor vehicle accident that resulted in your injury necessarily precludes your filing a claim against another party. Such is not the case. Traffic citations, along with police reports, are common documents in personal injury cases. These documents are often much less decisive than you might think. It may surprise you to know that traffic tickets and police reports are of not much evidentiary value to your personal injury claim. A traffic citation may give some guidance to adjusters as to how the accident occurred, but in a court of law it really is just a hearsay document. The fact of the matter is that tickets and police reports really don’t prove anything. They are, essentially, someone’s (a police officer’s) guess as to who did what at… Read More
You are getting ready for a court case, either representing yourself or talking to your lawyer about things that you think the court should know. Documents or information submitted to the court are called evidence. There are rules about what types of things the court will actually consider. These rules are governed by Federal and State laws. We will be discussing what evidence can be presented as governed by the Federal Rules of Evidence—as most of the states follows some version of the Federal Rules—and the Rules of Evidence in Kansas and Missouri. There are six basic things that courts look at when deciding if they can consider a piece of evidence. These six things are simply a beginning, and not a comprehensive list. Nevertheless, these six questions are a good starting point for a very basic introduction to evidence… Read More
Witness Testimony Tips In Kansas And Missouri Court You have a hearing or trial coming up. Please review this non-exhaustive list the night before your court date and again in the minutes leading up to your court date. These rules will assist you in providing the court with testimony in the most professional way possible. Judges and juries are very perceptive, and this list was created out of a decade of observing witnesses that either lost their case, or severely damaged their case by violating the below rules. You will not win your case by following these rules. However, violation of these rules will likely be very detrimental to the outcome of your legal proceeding: Dress nice but do not overdo it. Males should wear slacks and sport coat. Women may wear dresses, skirts or slacks. Coats for women look… Read More
In any financial arrangement clearly defined expectations can be critical. It is always wise to make sure that these agreements are formalized in some sort of written document, reviewed and signed by all parties involved. Many of us appreciate the hand shake deal, but when dealing with agreements involving real estate, written documentation reduces mis-understandings and protects all parties in the event of problems. Furthermore, the negotiation process helps develop communication between the parties and allows discussion of things that might not otherwise be considered. Hat Are The Common Types Of Farm Lease Agreements? Cash Rental One of the most common types of farm leases are CASH RENTAL agreements. In other words, the tenant pays a flat rate per acre of land that they are farming. The tenant farmer assumes all of the risk, and reaps all of the rewards.… Read More
Home owners’ associations (“HOA”) require certain and specific governing documents. As a resident in an HOA, you are entitled to access to these documents. Understanding them can help you realize not only your obligations but your protections. Most states have laws that govern the formation of home owner’s associations. Kansas has the Uniform Common Interest Owners Bill of Rights. It is contained at K.S.A. 58-4601 – 58-4623. Declarations Of Covenants, Conditions And Restrictions One of the first and most important documents to understand is the Declarations of Covenants, Conditions and Restrictions (“CC&R”). This document contains agreements that run with the land, which means they transfer with land ownership. In other words, a planned association developer creates these agreements or restrictions that are part of the purchase of the property for residential use. Once you sell the property, these same restrictions… Read More
Appraisal Fraud You recently received an appraisal on a home, and something does not seem right. The value is too high and out of whack with comparable purchases in the area. Worse still, there was a suspicious relationship between the broker, lender, and the appraiser. Perhaps you received the value of an appraisal as part of a divorce. An inflated appraisal is the linchpin of the property flipping schemes and many predatory loan schemes. Sky high appraisals are often used as evidence in many different court cases. Mortgage brokers secure inflated appraisals to persuade lenders to extend loans larger than the borrower’s income and assets justify. The consumer ends up saddled with a mortgage that may exceed the value of the home, making it impossible to refinance or to sell the home except at a loss. An appraiser may be… Read More
Most mortgage lenders require you to pay into an escrow account, and the lender, through its servicer, then pays your property taxes and insurance from that escrow account. Even if there is not enough in your escrow account, the servicer will typically pay your property taxes. You could eventually face foreclosure on your mortgage loan if you do not pay what you owe into your escrow account. Your servicer will usually do the same even if you do not have an escrow account—in that case, you face foreclosure if you do not repay the servicer for the taxes it has paid for you. On the other hand, if you own your home free and clear of a mortgage, then you are responsible for paying the property taxes on your home. Failure to do so could eventually lead to a “tax… Read More
There is an increasingly common problem developing in rural communities. Your neighbor sprays their crops with an herbicide or pesticide and all of the sudden your crops become damaged. What is happening? And more importantly, what remedies do you have? The increase in Dicamba Drift cases is bringing more information to light. What Is Pesticide Drift? What does “drift” mean in this context? According to the EPA drift means “the movement of pesticide dust or droplets through the air at the time of application or soon after, to any site other than the area intended.” https://www.epa.gov/reducing-pesticide-drift/introduction-pesticide-drift Dicamba is a broad spectrum herbicide first approved in 1967 to kill weeds. It has come back into favor due to resistance in some weeds. Dicamba is prone to drift off target. Although the new dicamba-based herbicides are formulated to stay on the application… Read More
Someone owes you money, and now you can’t find them, what can you do? In a year, Titus Law Firm, LLC receives hundreds of calls from clients trying to collect on certain debts and those trying to avoid collection. Overall, understanding the process involved in skip tracing and cyber tracking may be helpful in understanding the process. Skip Tracing The very best way to track a person and/or debtor down is through a skip trace. Skip tracing is a term used by bounty hunters to describe the process of locating a person that cannot be found at their place of residence or usual hangouts. “Skip” refers to the person being searched for (derived from the term “to skip town”) and “tracing” meaning the act of locating the skip. Skip tracing is performed in stages. The first step is to verify… Read More
Mo. Rev. Stat. §§ 407.010 Through 407.307 Merchandising Practices Act The Missouri Merchandising Practices Act (“MMPA”) exists to protect consumers. Missouri’s Supreme Court has observed that the unfair practices declared unlawful by the MMPA are exceedingly broad. A brief synopsis of the MMPA is provided below: Prohibited Practices Under The MMPA Deception, fraud, false pretenses, false promises, misrepresentations, unfair practices, or concealment or omission of material fact. Scope Of The MMPA Sale, lease, offer for sale or lease, attempt to sell or lease, distribution, or advertisement of any merchandise including goods, commodities, intangibles, realty or services. Also includes solicitation of funds for any charitable purpose. Exclusions Under The MMPA Advertisements by publisher, radio and television media, with no knowledge of falsity; institutions supervised by director of insurance, credit unions, or finance unless director authorizes attorney general to act or a… Read More
