Professional Negotiators: Going Into Battle Without A Weapon!!
Some people who have been sued in local courts recently will first find out about the case by receiving a letter from what appears at first to be a law firm. However, if you receive one of these letters, you will soon discover that it is sent by a non-lawyer debt negotiator. Many of these services specialize in consumer debt, like credit cards and home mortgages. They can be amply described in three words: dangerous, dangerous and dangerous!
Why would anyone hire a professional debt negotiator instead of a lawyer in such a serious situation? When the complaint arrives, a responsive pleading must be filed within twenty days, unless an extension is granted. If no responsive pleading is filed and no extension is granted to file within that time, a ten-day notice may be issued under the Rules of Civil Procedure, followed by a default judgment. The whole case can thus be over, with a complete victory for the plaintiff, in about month after service.
With the clock ticking, hiring someone to negotiate a settlement who cannot legally prepare and file an answer makes little sense. Lawyers can and do negotiate settlements every day. But many attempts at negotiation fail, especially when one party believes that it has a strong upper hand. So the defendant is forced to hire a lawyer at the last minute – provided he is even aware that default judgment may be imminent.
Professional negotiators sell their services on the dubious basis that they know exactly how much to offer because they deal with similar creditors every day. They imply that they have some kind of cabalistic knowledge and that you or I, poor fools, would leave money on the table because we didn’t know the secret number. This dubious proposition ignores the obvious fact that negotiation is a test of power and they don’t have much. Every lawyer knows that a litigant often makes an unappealing settlement offer from the comfort zone of the office. He or she will only become truly motivated as the moment of truth draws perilously close – sometimes minutes away in the courtroom. Debt negotiators, who might be likened to warriors without weapons, can never make that moment of truth happen.
The law has come a long way in developing methods like private arbitration, mediation and conciliation as alternatives to expensive litigation. These methods often do work. But part of the reason is that the conflict can ultimately be resolved by force. Speaking softly may be an effective negotiating technique, but doing so while leaning on a big stick is still the approved method.
Question: When Is A Variance Not A Variance? Answer: When Everybody Is Doing It.
You make an application for a building permit and the zoning officer turns you down. He cites a section of the municipal zoning ordinance which specifically prohibits what you want to do. He says you can apply to the zoning hearing board for a variance. Should you?
Ordinarily, a variance is granted when the ordinance imposes a hardship on the property owner - but not always. Sometimes building practices and styles have changed while the ordinance is never updated.
One local municipality’s zoning prohibited internal illumination of business signs. The objective was to have lights shining onto the sign, rather than from the sign toward adjoining properties. But over the years, variances were frequently being granted because the sign location made it impractical to mount a spotlight that would properly illuminate the sign. At the same time, sign technology improved and backlit signs became more aesthetically pleasing and easier on the eyes. By now, the overwhelming majority of signs in that municipality are internally lit. Nevertheless, a variance must still be obtained to get a building permit for a backlit sign.
If you are thinking about seeking a zoning variance, do an informal study of properties in your area. Note the address of every property nearby that appears to set a precedent for your proposed construction. If you wish, you can go to the zoning office and ask to look at the building permit files . Choose several of the most recent examples of the type of construction you wish to do. The inspector will tell you whether the owners needed a variance and what criteria were used in granting it.
Zoning appeals can be complicated and may involve legal principles. Unfortunately, this process may not always be user-friendly. This is why most landowners in zoning hearings are represented by lawyers. The board expects those appearing before it to be familiar with the ordinance and the applicable state law. Consulting a lawyer familiar with zoning, land development and construction law is always a good idea when contemplating an appeal.
