Tuesday, December 7, 2010

Post Judgment Interest in Georgia

OCGA 7-4-12 controls the award of post judgment interest in Georgia, and it states that the interest is recovered at a rate equal to three percent over the prime rate as Published by the Board of Governors of the Federal Reserve System on the day the judgment was entered.

However, if the contract from which the judgment was derived from specifies another post judgment interest rate, then that is the rate that will be applied.

So, if you weren't paying attention back in 2003 when this change was implemented, you still might think that the rate was 12%.  WRONG!  And if in some freakish circumstance, you still have an active judgment entered before July 1, 1980, you would be applying a 7% rate, even for accrued interest after July 1, 2003.

Now PRE Judgment interest is a different beast.  OCGA 7-4-16 allows a maximum rate of 1.5% per month on the balance from the date that the statment of account is rendered to the obligor (unless otherwise contracted for in writing).

So what does all this mean?
Well, first it means you better have the initial contract reviewed before signing, and second it means you better plead your request for damages in the complaint for the breach of contract.

Happy collecting!

Friday, December 3, 2010

State v. Federal v. Galactic Law

Occasionally, you see a court filing that makes you wonder if the internet is a bad thing.  Not of course because free speach is a negative influence in the world, but because you wonder if Al Gore messed up once again, and in his magical, single handed creation of the internet created a medium where irrational thoughts can collect and multiply, growing into dangerous beasts that gobble up minds just so eager for answers that they will grab on to anything other than their meager existence.

For example, there is this one:
http://www.galacticroundtable.com/

Now I hesitate to add that link, as it only adds to the fire, sort of like the negative publicity and corresponding rocketing up the Google search engine listings of companies like DecorMyEyes.
http://www.nytimes.com/2010/11/28/business/28borker.html?scp=1&sq=decormyeyes&st=cse

BUT, que sera, sera.
Now if you look into the general concept of the members of the Galactic Round table, they just want world peace, and have fun pointing giant spotlights into the sky meditating (with 100s participating).

HOWEVER, the dark side of this good natured feelgoodedness is when they start giving legal advice about how to fight a speeding ticket.  (or any other imposition of the local government into your galactic existence.)
http://www.galacticroundtable.com/profiles/blogs/instructions-for-filing-a-12

Now, the local state court doesn't enforce Federal law, let alone Galactic law, so the only thing you are going to achieve by filing anything from this site is a cocked eyebrow, and a few extra dead trees as the court office staff copies it off and distributes for an amusing detour from the routine of court work.

Once again, refer back to Peter Griffin's experience, previously detailed in one of the earliest blog posts from the dispenser of pez.  http://pezdispensergeorgialaw.blogspot.com/2010/10/things-that-work-and-things-that-dont.html

Just remember good sir, or madam, that your mind is free to think whatever it wishes.

Your mind may in fact reject the slave-name the system has given in through a birth certificate, but that name does in fact identify your corporeal being, and until you can free your mind to the extent that it can float free without the body, the state can and will arrest you for violation of the laws that the government has approved, whether or not you have had an individual say with your galactically aware mind.

Cheers.
(and please keep your lips off that glass dick)


Wednesday, December 1, 2010

See ya at the Blind Pig!

Don't know what a "Blind Pig" is?
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Perhaps you know it instead as a "Blind Tiger."
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     Well you've been waiting for a great post, so here it is, courtesy of the Corpus Juris Secundum of 2010:
A "blind tiger" or "blind pig" is a place where intoxicating liquors are sold on the sly in violation of law;[FN1] a place where, in defiance of law, intoxicating liquors are kept for illegal sale.[FN2] It has been defined by statute as a place in which intoxicating liquors are sold by any device whereby the person selling or delivering the liquor is concealed from the person buying or receiving it;[FN3] and as a place, in prohibition territory, where spirituous, malt, or intoxicating liquors are kept for sale, barter, exchange, or habitual giving away as a beverage in connection with any business conducted at such place.[FN4]
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[FN1] Ill.—People v. Simmons, 330 Ill. 494, 161 N.E. 716 (1928).
[FN2] Ala.—Allison v. State, 1 Ala. App. 206, 55 So. 453 (1911).
[FN3] Tex.—Fitch v. State, 58 Tex. Crim. 366, 127 S.W. 1040 (1910).
[FN4] La.—State v. Doremus, 137 La. 266, 68 So. 605 (1915).