Cruz Law, PLLC

Dedicated representation, personal service and quality results

Simple steps when facing debt collectors

Last month, I gave some basics on what to do if debt collectors call.  This month I give several more tips in addressing debts.

  1. Don’t ignore collection agencies.  It’s very easy to avoid phone calls or letters about delinquent bills.  Repaying debt is hard especially if you do not have the money.  But, it’s best to obtain information on the debt.
  2. After verifying the debt, you should see if there’s a possibility about negotiating a settlement or payment plan.  If you do not feel comfortable about doing this, you may contact an attorney that can advocate on your behalf.
  3. If you are served with a lawsuit to collect the debt, you should contact an attorney immediately for them to review the lawsuit.  If you do not answer the lawsuit, you may have a judgment entered against you.  This may allow a collection agency to garner wages, bank accounts and even show up at your home and take property to satisfy the judgment.
  4. If you do communicate with a collection agency, make sure that you put everything in writing.  Any agreements with collection agencies should be in writing before sending any money.

If you have any other questions about the debt collection process, please do not hesitate to contact me at (206) 684-9462.

Dealing with Collection Agencies

What do you do when collection agencies start calling?  If you fall behind in paying bills, you may receive unpleasant phone calls from a collection company attempting to collect on the overdue balance.

Debt collectors must abide by the Fair Debt Collection Practices Act (FDCPA).  The FDCPA is a federal law put in place to address the underhanded tactics that some collection agencies undertake in trying to make people pay their debts.  Make sure you know your rights.

Here are some things you should know:

  1. Make sure you owe the debt.  Sometimes collection agencies may call you based on listings it receives and may be looking for someone with the same or similar name.  Furthermore, the collection agency must provide original documentation that you owe the debt.
  2. Determine when you incurred the debt.  There may be statute of limitations on whether you are still obligated to pay the debt.
  3. Pursuant to the FDCPA, debt collectors cannot do the falling:
    1. call before 8:00 am or after 9:00 pm;
    2. call you at your work if it is known your employer does not allow phone calls;
    3. harass, oppress or abuse you;
    4. lie to you or imply you have committed a crime;
    5. conceal their identity.  They must tell you that they are attempting to collect a debt;
    6. disregard a written notice from you to cease further contact

These are only a few of your rights under the FDCPA.  If a collection agency violates any of these rights, you may sue and receive up to a $1,000 in damages in addition to attorney fees.

If you think your rights are being violated, please call and we me at (206) 684-9462 and I may be able to help.

Update on Deferred Action for Child Arrivals

On June 15, 2012, President Obama announced a new immigration policy in which certain immigrants would be allowed Deferred Action which would allow them to stay in the United States and not face deportation.

Now known as the Deferred Action for Child Arrivals (DACA), the Department of Homeland Security (DHS) indicated it would provide guidance on August 1, 2012 as individuals could not file for this relief until DHS and/or USCIS came up with guidelines for filing.

It was clarified by DHS that DACA is not the DREAM Act.  It does not confer lawful immigration status or alter an individual’s existing immigration status.  The use of DACA does not provide a way to citizenship or permanent residency.

DHS stated that it believes it will begin to accept DACA applications on August 15, 2012.

While the set of guidelines have not come out, it is expected that proof of continuous stay in the United States will be needed.  It is likely that you should gather documents that evidence this which may include financial records, military records, school records and employment records.

It is difficult to know how long the processing of the DACA applications may take although an estimate has it between 6-12 months.

We will have more on this as information is disseminated about the application procedure.  If you are in need of an Immigration Lawyer please call or email.

What to look for when purchasing a home

The purchase of a residential property is a stressful process.  While you may have a real estate agent that helps you find real estate, there are legal issues that you have to think about when going through the process.

For instance:

Purchase price questions

  • What is the purchase price?
  • Does it include the value of any low-interest-rate mortgage being assumed?
  •  Has there been a recent FHA or private appraisal made?
  • Should purchaser make deal conditional on seller’s obtaining an appraisal in excess of the proposed purchase price?

Down Payment

  • How much is to be paid down including the earnest money deposit?
  • Will this cover seller’s selling expenses, including the broker’s commission, attorney fees?
  • Should purchaser or purchaser’s lender, require that outstanding encumbrances be paid from down payment proceeds?

Easements.   An easement is a certain right to use the property of another without possessing it.

  • Do any other persons use paths, roads or sewer lines,  or have any easements over the property  being purchased?
  • Is the purchaser satisfied that he has ingress to or egress from the property?
  • Are easements needed for access, utilities, view?

Earnest Money.  Earnest money is a monetary deposit toward the purchase of real  estate property.

  • How much earnest money is to be required?
  • Who will hold it pending final agreements on terms?

Closing costs

  • Who is to make payments for title insurance? Transfer taxes? Assessments outstanding?  Escrow charges?  Filing Fees?  Mortgage Assignment charges?  Attorneys’ fees?

All of these questions (and more) should be addressed prior to taking the keys to your home.  A real estate attorney can assist with the sale of your home by answering your legal questions.

USCIS reaches cap on H1-B Visas

USCIS announced that it has reached its cap of 65,000 for 2012 for H1-B visas.  June 11, 2012 was  the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2013.

Last year, the H1-B visa cap was not reached until November of that year.