Category: Uncategorized

73bfc1f23da2afe39dafb6dcc0179122

73bfc1f23da2afe39dafb6dcc0179122

73bfc1f23da2afe39dafb6dcc0179122

73bfc1f23da2afe39dafb6dcc0179122

Getting Your Credit Reports

Be sure you order the reports from all three credit report agencies. If you have not ordered a report within the last 12 months, you are entitled to free copies through www.annualcreditreport.com. That is the only entity where they are truly free. Other similar sites will actually bill you. If you have ordered a report within the last 12 months, you will pay about $15, per agency, for another one.

 

What Do I Look For Once I Get The Reports?

Look in the “public records” section to make sure that there are no erroneous judgments or liens against you. If you have filed bankruptcy, those should be listed as either “included in bankruptcy” or “satisfied”. Make sure the accounts listed are yours and that any closed accounts actually show closed. If you pay on time and see delinquencies, that’s a problem. In other words, look for anything that doesn’t seem correct.

 

I Found A Mistake – Now What?

The first step is to dispute the debt, in writing, with the credit reporting agency. They all have online dispute processes, but I always tell my clients to do it by certified mail. Then you have a copy that a human actually has signed for and the agency cannot claim they did not get it. This proof will be important if you have to go to court. Copy the page with the mistake and highlight the problem. There are a number of sample dispute letters online or often an attorney will send you one at little to no charge. The agencies are notorious for changing their PO box addresses, so be sure to search online for the latest one.

How Long Before I Know Something?

Under federal law (the FCRA) the agency has to verify the debt within 30 days of receiving your request. That means they contact the creditor to check the accuracy of the entry. If their investigation comes up with an error, they have to either fix it or delete the entry. In my experience, the vast majority of errors are fixed within the time limit, and the agency will send you a corrected report as proof.

 

What If It’s Still Wrong?

Then it’s probably time to consult a Consumer Law attorney in your area who deals with debt and credit report problems – especially if you have declared bankruptcy. There are a variety of remedies available to you depending on who (the agency or the creditor) is at fault for the error.

I get many clients coming in who have had huge problems with debt collectors abusing them.  A debt collector is a third party entity that is not the original creditor.  It can be a company or a law firm.

One client told me of an elderly lady (his neighbor) who was hounded by a collector regarding a medical bill.  He told her he was from the sheriff’s department and that if she didn’t bring him $500 within the next 2 hours she would be taken to jail.  Needless to say, the woman was horribly upset, went to her bank and withdrew $500.  This was almost all the money she had since she had just received her monthly Social Security check.  She then took it to the office the “sheriff” told her to.  About an hour after she got home, she called the actual sheriff’s department and asked them how long her payment would keep her out of jail.  The person on the phone explained that no one from that department would ever call her and demand money and that she was at no risk of going to jail.  She was asked where she took the money and what she was told.  The good news is that a real deputy went to the collector’s office, arrested him for impersonating a police officer, and retrieved her money.

That’s an extreme example, but a lot of these sleazeballs will use other coercive and illegal tactics to shake you down.  Here’s a list of what a debt collector can and cannot do under federal law.  Some states, like Washington, have similar Consumer Protection laws that either mirror the federal laws or are even stricter.  Hopefully, this will help you know your rights so you can put a stop to it or have a lawyer sue them on your behalf.  

What practices are off limits for debt collectors?

Debt collectors may not

• harass, oppress, or abuse you or any third parties they contact;
• use threats of violence or harm;
• publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
• use obscene or profane language; 
• repeatedly use the phone to annoy someone;
• falsely claim that they are attorneys or government representatives;
• falsely claim that you have committed a crime;
• falsely represent that they operate or work for a credit reporting company;
• misrepresent the amount you owe;
• indicate that papers they send you are legal forms if they aren’t; 
• indicate that papers they send to you aren’t legal forms if they are;
• give false credit information about you to anyone, including a credit reporting company;
• send you anything that looks like an official document from a court or government agency if it isn’t; 
• use a false company name;
• try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
• deposit a post-dated check early;
• take or threaten to take your property unless it can be done legally;
• contact you by postcard.

Debt collectors also are prohibited from saying that:

• you will be arrested if you don’t pay your debt;
• they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; 
• legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.

One of the first things to consider is whether your problem is likely to result in going to court.  For example, having a traffic ticket is different than needing a will.  The first needs an attorney who is close to the courthouse (which will save you money) and the second can be done by any competent lawyer with experience in estate planning.

The best way is to ask your friends and family who they have worked with in the past and been happy with.  If that doesn’t yield some possibilities, go online and search for something like “auto accident attorney [name of town or city and state]”. That will give you some websites to look at.  Alternatively, many state bar associations have a list of attorneys that practice in various areas of law, so give them a call too.  If you get coupon mailers in your newspaper or through the mail, look there too.  You can often find discount coupons for legal services there.  Or at least someone who is likely to give you a free consultation.

Next, once you have a list of some likely candidates, start the interview process.  Remember, he or she is going to work for you, not the other way around. Have a way to take notes on what the answers are when you ask the following questions:

What experience do you have in this area? You might not need an expert, but the attorney should either have direct experience with your kind of problem or know a more experienced attorney s/he can associate with.

How long will it take? Realistic timelines can go a long way to relieving your stress about what is going to happen and when.  Be sure and ask how long, on the average, it takes to have an email or a phone message answered.

What are my chances of a favorable outcome? A good outcome depends on a lot of things so no ethical attorney can ever guarantee success. That said, the response to that question will help you decide how much time and money you are willing to spend and whether the likely outcome is something you want.

What will you need from me? If you are filing a bankruptcy, for example, you will need to gather various documents and answer quite a lot of questions.  If you know what you need ahead of time, it will make your case go much smoother – no matter what kind of problem are dealing with.

What should I expect to pay? This is critical information.  Some attorneys work on flat fees whenever possible, others require an amount up front as a retainer and may ask for more as the case progresses.  You need to be very clear regarding what will be expected of you financially before you hire a lawyer.

If the fees look too high, ask what can be done to lower the cost.  For example, would the attorney be OK having someone you know serve court papers instead of hiring a process server?  Or can you do some legwork like obtaining documents from the courthouse?  The more work you can do yourself, the more money you can save.

If you are reasonably confident in being able to do some of your own work, ask if the attorney can provide limited representation and coach you through the case.

Do I have to go to court? Court should be the last resort.  Ask about alternatives like mediation or arbitration. They can often save you considerable money.  For some cases, like bankruptcy or a traffic ticket, a court appearance is usually necessary, but for many non-criminal matters, mediation or arbitration is often a good way to go.

If the interview has gone well so far, then make sure the following factors are present.  If not, find another attorney to handle your case.  A caring and competent attorney will:

1.  Answer your questions with a straight, clear answer.

2.  Treat you with respect.  He or she should remember that “customer service” is at the top of the list.

3.  Return your phone calls or emails within 1 business day.

4.  Be someone you feel comfortable with.  Your attorney should make you feel calmer and more confident that everything will be OK, no matter what the outcome.

No worries!  I am lucky enough to have a group of other experienced attorneys that I know well and can vouch for.  I can manage your case and still be your lawyer, but also have the assistance of an attorney who has worked a lot with your kind of problem.  So if you get a traffic ticket, are arrested, need to set up a business, short sale your house, or need to collect money somebody owes you, give me a call.  Just because it’s not on the list doesn’t mean I can’t do it!

Anyway, that’s me.  My professional goals are to be helpful, affordable, and knowledgeable.  I look forward to working with you!