#LegalGuide
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lawgicalindia28 · 8 hours ago
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📌 Freelancers & Consultants in India — Here’s What You Need in 2025 Before you send out that first invoice or take on new clients, make sure your legal foundation is solid. From GST & Udyam registration to Trademark protection — set yourself up for success and peace of mind. And remember, registration is only half the game. Staying compliant with taxes, renewals, and filings will keep your business running smoothly.
✨ Stay smart. Stay legal.
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shaan14 · 14 days ago
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Understanding Agreement Breach of Contract
Learn what constitutes an agreement breach of contract, common causes, legal consequences, and how to handle disputes. This guide helps individuals and businesses understand their rights and remedies in case of a contract violation, ensuring informed decisions and effective resolution.
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congtyluat1 · 2 months ago
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ANT Lawyers' guide outlines the legal avenues for debt recovery in Vietnam, emphasizing the importance of mediation, arbitration, and litigation. It also highlights the unique challenges faced by foreign creditors and the essential qualities to look for in debt collection lawyers.
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investorlink · 2 months ago
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📝 Understanding Probate of Will: A Guide by Investorlink
Curious about the probate of a will? Investorlink explains everything you need to know. ✅ Probate is the legal process of validating a deceased person’s will, ensuring rightful asset distribution. Learn how it works and how we can help make it stress-free.
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companysetupemirates · 4 months ago
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🚀 Thinking of starting a business in Dubai? Ensure you meet all the legal requirements before choosing a business partner! ✅
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trademarkprotection · 4 months ago
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How to Transfer Trademark Ownership to Another Person or Business
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A business may transfer trademark ownership as part of a sale, assignment, or other intellectual property transfer. Knowledge of both legal requirements and trademark transfer processes is necessary when you want to accomplish a trademark assignment during company mergers or rebranding efforts or brand asset sales. This guide outlines the steps involved in trademark transfer, relevant legal rules, and key factors affecting trademark exchange in India.
What is a Trademark Transfer?
Through trademark transfer, also known as trademark assignment, people and entities obtain legal ownership of trademark rights from others. The trademark owner authorized to manage its usage rights as well as selling and licensing the trademark transfers their ownership to the new owner. The ownership change takes place through business acquisitions and mergers and company reorganizations.
Difference Between Trademark Transfer and Licensing
Trademark transfer and trademark licensing show different purposes in both legal framework and business operations respectively.
Trademark Transfer (Assignment): Grants permanent ownership to one party, removing all legal rights from the assignor.
Trademark Licensing: In trademark licensing, the owner grants another party permission to use the trademark under specific conditions and time restrictions, usually in exchange for payments or royalties.
Types of Trademark Assignments
Trademark assignments can be categorized into the following types:
Complete Assignment: The trademark owner transfers all rights, including the ability to use, license, and sell the trademark to the assignee.
Partial Assignment: Only specific rights related to certain goods or services are transferred while the original owner retains ownership of the trademark for other products or services.
Assignment with Goodwill: The trademark is transferred along with the business reputation associated with it. This ensures that the brand continues to carry its existing value and customer recognition.
Assignment without Goodwill: In an assignment without goodwill, the trademark is transferred, but the associated business reputation does not pass to the new owner. The new owner may use the trademark, but not in connection with the original brand’s existing goodwill.”
Steps to Transfer Trademark Ownership in India
1. Draft a Trademark Assignment Agreement
The first and most important step is to draft a legally binding trademark assignment agreement, which should include:
Details of the assignor (current owner) and assignee (new owner)
Trademark registration number
Scope of transfer (complete or partial assignment)
Consideration (monetary value or other compensation)
Date of transfer and jurisdiction
Any additional conditions agreed upon by both parties
2. Obtain Necessary Approvals
For registered trademarks, recording the assignment with the Trademark Registry of India is necessary, though some transfers (such as those without goodwill) may not require prior approval. If the assignment is with goodwill, additional approvals may be required.
3. File an Application for Trademark Assignment
The next step is to file Form TM-P with the Indian Trademark Office. The application must include:
Trademark assignment agreement
Proof of ownership
No Objection Certificate (NOC) from the assignor
Government fees for trademark transfer
4. Verification by Trademark Registrar
The Registrar can raise objections, and the assignee may need to respond within a specific timeframe.
5. Publication in the Trademark Journal
Once approved, the assignment is published in the Trademark Journal, officially recording the transfer. If no objections are raised within the prescribed period, the assignee is recognized as the new legal owner of the trademark.
Legal Documents Required for Trademark Assignment
To ensure a smooth transfer, the following legal documents are required:
Trademark Assignment Agreement
Power of Attorney (if applicable)
Government-approved ID proof of both parties
Certificate of Incorporation (for businesses)
Trademark Registration Certificate
Payment receipts for government fees
Tax Implications of Transferring a Trademark
Transferring a trademark can have tax implications, including:
Capital Gains Tax: If the transfer involves a sale, the assignor may be liable for capital gains tax.
GST (Goods and Services Tax): If the trademark is sold for a consideration, GST may be applicable based on the transaction. It is advisable to consult a tax professional to understand and comply with the relevant tax obligations.
Key Considerations Before Transferring a Trademark
Due Diligence: Verify the legitimacy of the transaction and ensure all legal documents are in order.
Contract Clarity: Clearly define the rights and limitations in the trademark assignment agreement to avoid future disputes.
Regulatory Compliance: Ensure that the transfer process adheres to the Intellectual Property laws of India.
Business Impact: Analyze how the transfer will affect branding, reputation, and market position.
Conclusion
A trademark transfer requires thorough legal documentation, compliance with intellectual property laws, and strategic planning for a successful transaction. When dealing with brand sales or business mergers or restructuring activities you must resolve all legal and financial requirements to protect your rights while preventing upcoming conflicts.
Expert legal help for creating a trademark assignment agreement should come from a trademark attorney who can deliver both a smooth transfer and complete legal compliance.
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debtrec · 4 months ago
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Debt Recovery in India: A Step-by-Step Legal Guide
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Debt recovery in India is an essential process for businesses and individuals alike to ensure that outstanding dues are cleared. Whether it’s a personal loan, a business transaction, or an unpaid invoice, recovering debts can sometimes be a long and complicated process. However, the legal framework in India offers several options to help creditors recover their money. In this blog, we will provide a detailed step-by-step guide to legal debt recovery in India, covering the debt collection process, debt recovery solutions, and how to recover unpaid debts efficiently.
What is Debt Recovery?
Debt recovery refers to the legal and procedural steps that creditors take to retrieve money owed by debtors. It can range from informal reminders to formal legal actions. In India, the legal system offers a variety of mechanisms for debt collection, making it a structured process that businesses and individuals can follow.
Debt Collection Process
The debt collection process in India starts with informal communication and escalates to formal legal proceedings if the debtor refuses to pay. Here's an overview:
Initial Contact: A creditor first sends reminders or notices to the debtor requesting payment.
Formal Demand: If the debtor doesn’t respond, a formal legal notice for recovery of money is sent. The legal notice format for recovery of money usually includes the amount owed, interest charges (if any), and a deadline for payment.
Debt Recovery Tribunal: If the debtor still doesn’t pay, creditors can file a case at the Debt Recovery Tribunal under the Debt Recovery Tribunal Act.
Court Proceedings: If the debt remains unpaid, creditors may file a suit for recovery of money in court, which could include a commercial suit for recovery of money.
Execution: In the final step, creditors may seek an execution petition for recovery of money to seize assets or enforce payment.
Legal Debt Recovery
Legal debt recovery in India is governed by a range of laws, including the Debt Recovery Tribunal Act and the Indian Contract Act. The debt recovery procedure involves formal legal actions to collect overdue payments. For example, filing a suit for recovery of money under CPC (Civil Procedure Code) may be the next step if informal and formal demands fail.
The Debt Recovery Tribunal (DRT) is specifically designed to expedite the recovery of debts, especially for business debt recovery cases. The tribunal helps creditors recover dues faster and with reduced procedural delays.
How to Recover Unpaid Debts
The process to recover unpaid debts can vary depending on the nature of the debt and the relationship between the creditor and debtor. Here's a step-by-step guide on how to recover unpaid debts:
Check Contract Terms: Ensure that there’s a written agreement or invoice that clearly mentions payment terms.
Send Friendly Reminders: Contact the debtor and offer flexible repayment options.
Legal Notice: If reminders don’t work, send a legal notice for recovery of money. A sample legal notice for recovery of money can be found online, which can be customized for your specific situation.
File a Recovery Suit: If the debtor still doesn’t respond, file a suit for recovery of money in a competent court.
Debt Recovery Tribunal: If it’s a business debt, file the case in the Debt Recovery Tribunal.
Best Practices for Debt Collection
Here are some best practices for debt collection that can make the process more efficient:
Maintain Clear Documentation: Always keep a record of invoices, contracts, and communication with the debtor.
Communicate Professionally: Handle all interactions with professionalism to maintain a healthy business relationship.
Send Timely Reminders: Don’t wait too long before sending payment reminders.
Use Professional Debt Collection Services: If internal efforts fail, consider engaging a professional debt collection agency that needs to be the best debt recovery agency in India for faster resolution.
Legal Ways to Recover Debt in India
There are several legal ways to recover debt in India, including:
Legal Notice: A formal legal notice format for recovery of money should be drafted and sent to the debtor, demanding payment within a set period.
Suit for Recovery of Money: If the debtor does not respond to the legal notice, you can file a commercial suit for recovery of money in a court.
Debt Recovery Tribunal: This is a specialized body that focuses on speedy recovery of dues.
Money Recovery Agency: Engaging a money recovery agency can also help expedite the process.
Importance of Legal Notices in Debt Recovery
Sending a legal notice for recovery of money is one of the most crucial steps in the debt recovery process. The recovery money legal notice format needs to follow specific guidelines to ensure its effectiveness. It acts as a formal warning to the debtor and gives them an opportunity to settle the matter before proceeding with further legal action. Not sending a legal notice could weaken your position in court.
Debt Recovery Procedure for Businesses
For businesses, debt recovery procedures are often more complex due to the larger amounts of money involved. Here’s a quick guide:
Send Friendly Reminders: Start with informal communication to remind the client of overdue payments.
Send a Legal Notice: If reminders are ignored, send a legal notice format for recovery of money.
Engage Debt Recovery Agencies: If recovery attempts are still unsuccessful, engage a debt recovery agency India or a corporate debt recovery service in India.
File Suit in Court: As a last resort, businesses can file a suit for recovery of money or a commercial suit for recovery of money in court.
Steps to Recover Unpaid Invoices
Steps to recover unpaid invoices typically include:
Verify the Invoice Details: Ensure the invoice is accurate and corresponds to the agreed-upon terms.
Send a Reminder: A gentle reminder is the first step to request payment.
Issue a Legal Notice: If payment is still not made, send a recovery money legal notice format.
Initiate Legal Action: If the debt remains unpaid, initiate a summary suit for recovery of money or suit for recovery under order 37 of CPC format.
How to Collect Overdue Payments Legally
To collect overdue payments legally, follow these steps:
Check the Agreement: Ensure that you have a valid agreement.
Send Reminders and Notices: Start with informal reminders, followed by a legal notice.
File Legal Action: If needed, file a suit for recovery of money under section CPC or a money recovery suit dismissed case in court.
Debt Recovery Laws in India
The debt recovery laws in India ensure that creditors have the right to pursue overdue payments while protecting the interests of debtors. Some key legal tools include:
Debt Recovery Tribunal Act: This act allows banks and financial institutions to resolve recovery disputes more efficiently.
RBI Guidelines for Debt Collection: The Reserve Bank of India has laid out specific guidelines for credit card payment recovery and other forms of debt collection.
Consumer Rights in Debt Collection: Debtors also have rights under Indian law, and recovery methods must be fair and respectful.
Conclusion
Recovering unpaid debts is a crucial aspect of financial management, especially for businesses. While the debt recovery process for businesses might seem challenging, it is essential to follow legal procedures to ensure that debts are recovered in a systematic and fair manner. Engaging a professional debt collection service or debt recovery agency can speed up the process and ensure that debt recovery solutions are implemented effectively.
Whether you are handling business debt recovery, corporate debt recovery, or personal debt recovery, understanding the debt collection laws in India, and following the correct debt recovery procedure will help you successfully recover outstanding payments while protecting your legal rights.
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dhruvpatel888 · 4 months ago
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PIL: Power, Purpose, and People's Rights
PIL: Power, Purpose, and People's Rights – A Common Man’s Guide to Filing a Public Interest Litigation in India
Empowering Citizens Through Public Interest Litigation (PIL)
India, as the world's largest democracy, thrives on the principles of justice, equality, and public welfare. However, access to justice has often been a privilege rather than a right for many marginalized citizens. This is where Public Interest Litigation (PIL) emerges as a powerful tool, enabling even the common man to fight against injustices and hold authorities accountable.
The book "PIL: Power, Purpose, and People's Rights: A Common Man’s Guide to Filing a Public Interest Litigation in India" (available at www.MiddleMen.Asia) is a must-read for anyone who wants to bring about social change through legal activism. This guide simplifies the complex legal procedures of PILs and empowers individuals to take legal action in the interest of public welfare.
What is a PIL?
A Public Interest Litigation (PIL) is a legal petition filed in a court of law for the protection of public interest. Unlike regular cases where the affected individual seeks justice for personal grievances, a PIL allows any citizen or organization to approach the court for issues that impact society at large—such as environmental concerns, human rights violations, corruption, or government inaction.
Introduced by the Indian judiciary in the late 1970s, PILs have since played a crucial role in landmark judgments that have shaped the country’s socio-legal landscape.
Why is this Book Important?
Despite PILs being a powerful tool, many people remain unaware of how to file one, what grounds are valid, and how the judiciary processes such cases. This book serves as an essential legal guide, offering step-by-step instructions on:
✅ Understanding the scope of PILs – What matters qualify for a PIL? ✅ Eligibility criteria – Who can file a PIL, and under what circumstances? ✅ Drafting a PIL – How to write an effective petition? ✅ Filing procedures – Where and how to submit the PIL in different courts? ✅ Costs and risks involved – Understanding legal fees, court costs, and potential misuse of PILs.
By breaking down the complex legal jargon into simple, reader-friendly language, this book makes PILs accessible to activists, students, journalists, and any citizen eager to bring about social justice.
How PILs Have Changed India
Over the years, PILs have led to significant reforms in India, including:
📌 Vishaka Guidelines (1997) – Led to laws against sexual harassment at workplaces. 📌 Right to Food Case (2001) – Ensured mid-day meal schemes in schools. 📌 Clean Ganga Initiative – Strengthened laws against industrial pollution. 📌 Decriminalization of Section 377 (LGBTQ+ Rights) – Paved the way for inclusivity.
These examples show how ordinary citizens, backed by a strong judicial system, can drive meaningful change.
Who Should Read This Book?
🔹 Social activists – To understand how to use PILs for advocacy. 🔹 Law students & professionals – For a deeper insight into PIL jurisprudence. 🔹 Journalists & whistleblowers – To navigate legal options while exposing corruption. 🔹 Concerned citizens – To actively participate in nation-building.
Whether you're an experienced legal expert or someone with no prior knowledge of the judiciary, this book serves as an invaluable resource for making a difference through the legal system.
Final Thoughts
Justice should not be a privilege—it is a right. "PIL: Power, Purpose, and People's Rights" is more than just a book; it is a call to action for every Indian citizen who believes in fairness, transparency, and accountability.
If you’ve ever felt helpless about an issue affecting society, this book will show you how to take legal action and create real impact.
📖 Get your copy today at www.MiddleMen.Asia and become a changemaker in India’s legal revolution! 🚀
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lockamylawyers · 9 months ago
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📚 Looking for a Powerful Advocacy Guide?
Check out "Nolo's Guide to Social Security Disability: Getting & Keeping Your Benefits" by David A. Morton III. This comprehensive book is a great resource for anyone dealing with the complexities of disability claims. It breaks down the steps needed to apply, appeal, and maintain your Social Security Disability benefits, providing clear and actionable advice throughout the process.
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Perfect for those seeking to navigate the legal system with confidence! 💼 https://www.amazon.com/Nolos-Guide-Social-Security-Disability/dp/0873379144
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lawgicalindia28 · 4 days ago
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Thinking of launching your own business in 2025? There’s one legal formality you shouldn’t ignore: 📝 Shop & Establishment Registration
It’s not just for shops — it applies to: ➤ Freelancers working from home ➤ Online service providers ➤ Consultants and private offices ➤ Startups hiring even one person
Why it matters: ✔️ Gives your business legal status ✔️ Helps with opening current accounts ✔️ Supports salary & labor law compliance ✔️ Needed for GST and other approvals
💡 Building something serious? Then start the right way. 📩 DM us or visit Lawgical India to get registered.
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shaan14 · 24 days ago
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Complete Guide to Trademark Classes in India
Discover the complete list of trademark classes in India used to categorize goods and services for registration. Understanding these 45 classes helps you choose the right one to protect your brand legally and effectively. Ideal for businesses, startups, and legal professionals seeking trademark registration guidance.
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taxgoal · 10 months ago
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Online Trademark Registration in Delhi: Timelines and Key Insights
Wondering about online trademark registration in Delhi? Discover how long the process takes with our comprehensive guide by Taxgoal. From initial application to final approval, we break down each step and timeline. Ensure a smooth registration experience by understanding the key factors and expected durations. Start your trademark journey today! Contact us (+91-9138531153) today for Trademark Registration Near Me.
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financefather · 11 months ago
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Legal Requirements for Check Cashing: A Comprehensive Guide
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Navigating the world of check cashing can be tricky, especially when it comes to understanding the legal requirements. But fear not! The folks at Peopleless Case have got you covered with their in-depth article: Legal Requirements for Check Cashing: A Comprehensive Guide 🌐
In this essential guide, you'll discover:
🔹 Key Legal Requirements – Know what you need to have and do. 🔹 State-Specific Regulations – Understand the rules that apply to your location. 🔹 Common Pitfalls and How to Avoid Them – Stay ahead of any potential issues. 🔹 Tips for Smooth Check Cashing – Ensure your transactions go off without a hitch.
Whether you're new to check cashing or just want to stay informed, this comprehensive guide will help you confidently navigate the legal landscape. 🏦✨
Stay informed, stay prepared, and cash those checks like a pro!
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the-soulful-page · 2 years ago
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leadindia011 · 2 years ago
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We delve deep into the process of court marriage in 2024, shedding light on the Act and Laws involved. Are you curious about how court marriages are conducted and the legal aspects surrounding them? Look no further! Court marriage has become a popular choice for couples seeking a legally recognized union without the complexities of a traditional wedding ceremony. Our expert team has compiled this ultimate marriage procedure guide to help you navigate through the process effortlessly.
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How to prove your job caused your Work Injuries in 2023
Navigating Workers’ Compensation Claims in 2023 demands a nuanced approach. As laws evolve, understanding the intricacies is paramount. From documenting incidents and medical attention to proving causal links, it’s a complex process. Expert legal guidance is indispensable. Let our seasoned professionals lead you through the maze, ensuring timely filing, evidence compilation, and effective negotiation. We decipher the changing landscape to secure your rightful benefits. In this dynamic era, entrust your claim to us for a smoother journey to just compensation.
Here’s a comprehensive guide on proving your case and securing the workers’ compensation benefits you deserve:
Immediate Reporting: As soon as a workplace injury occurs, report it to your supervisor or employer. Timely reporting creates an official record of the incident, supporting your claim’s legitimacy.
Seek Medical Attention: Getting prompt medical treatment is not only essential for your health but also contributes to your claim’s validity. Medical records for work injuries will serve as crucial evidence connecting your injury to your job.
Establish a Clear Link: To prove that your job caused the injury, demonstrate a direct connection between your work duties and the incident. Gather information, such as witness statements, that supports this link.
Document Pre-existing Conditions: If you had a pre-existing condition, you must demonstrate how your work aggravated or worsened it. Medical opinions and examinations can help establish the impact of your job on your condition.
Consult a Work Injury Lawyer: Navigating the complexities of workers’ compensation law can be overwhelming. A skilled work injury lawyer, especially in regions like California, where laws can be intricate, can provide guidance and ensure your rights are protected.
Compile Comprehensive Evidence: Collect all relevant evidence, such as medical records, incident reports, and any correspondence with your employer regarding the injury. This documentation strengthens your case.
Adhere to Deadlines: Workers’ compensation claims have time limitations. Make sure you file for workers’ compensation within the stipulated time frame to avoid jeopardizing your claim.
Expert Testimony: In complex cases, expert testimonies from medical professionals and workplace safety specialists can provide valuable insights, reinforcing the connection between your job and your injuries.
Persistency in the Process: The workers’ compensation process might involve appeals and negotiations. Stay persistent, and don’t hesitate to seek legal advice if your claim faces challenges.
In what manner our Work injury lawyer California will be your best partner for achieving all the workers’ compensation benefits:
Our work injury lawyer California is your ultimate partner in securing all workers’ compensation benefits. With a deep understanding of intricate workers’ compensation laws and a proven track record, we navigate the complexities on your behalf. We gather comprehensive evidence, assess pre-existing conditions, and establish clear links between your job and injuries. Our expertise ensures timely filing, adherence to deadlines, and skillful negotiation.
Conclusion
Let our work injury lawyer California, be your guiding light through the intricate legal landscape. Due to our passion for the matter at hand, thorough knowledge of California statutes, and commitment to your health and wellness, we will be with you at each step of this claim settlement process for injury on the job. Consult us immediately to be sure that your liberties are secured, that your case is actively pursued, and that you get all of the compensation to which you are authorized. Our attorneys are concerned about what comes next to you after work-related injuries and are willing to stand up and take action against it.
Call the Workers’ Compensation Lawyer at (844) 414-1768 to speak with an attorney about your Injury Settlement case at Pistiolas Office.
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