Debt Management – Using The Common Law System To Eliminate Debt
Linda Ellis is a renowned character in British literature. Her legal achievements are innumerable and are legendary in their own right. A major part of her personality was as a prosecutor. Linda Ellis is often portrayed as a fierce legal practitioner and this is justified. She always seems to have the edge over the other characters in the story and is often shown as an extremely ambitious, even arrogant legal professional.
Her two main legal creations were a bill of rights for England and a bill of rights for America. The first one states that no person shall be deprived of his or her rights in the property except by due process of law. The second states that no man or woman shall be imprisoned for life except by the court for the trial of crimes. These laws were controversial at the time as they sparked off the English civil war. It is clear that these laws helped to build the concept of the legal system in America.
In 1791, the first bankruptcy case was ruled in the court of Common Law. A debtor named Samuel Coke had filed for bankruptcy to escape debts. His creditors tried several times to collect on his debts but were unsuccessful. A judge ordered that he be taken to a common law court for judgment but Coke’s lawyers argued that the creditors could not collect money without a trial.
Eventually, a judge agreed with the debtor and the case was changed to allow collection agencies to collect on a debtor without a trial if it was found they had filed for bankruptcy. The creditor’s case was changed to ‘writ of attachment’ and placed into the record books as precedent for all future cases. This precedent remains to this day. When a case is changed by the courts, both the parties must pay the other what they owe as soon as possible or risk losing the case altogether.
During the Civil War, there was no such thing as criminal records, therefore, the court records were unrecorded. Because the court proceedings were informal, many people could lie about their history to attempt to avoid arrest. Many false names were used by these criminals so the real ones were left completely out of sight. However, once the war was over, there was a need for criminal record histories on all persons. Thus, the court ordered that all future criminal proceedings are held public information so that everyone could be kept safe from harm.
Today, a debtor may use any of the methods outlined above to gain relief from past due debts. In order to obtain a fair settlement, they will need an experienced lawyer who has worked in the criminal legal system. Using a common law court system will allow you to receive the most accurate and fair resolution. Although using a common law court system may not always be safe, your chances for receiving a just and equitable resolution are much greater than any other method. A lawyer who specializes in criminal law will have an edge when it comes to getting a just settlement from a debtor.