Can my HOA come after me personally for dues, even after I go through a foreclosure?

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If you were a condo owner in a community governed by a homeowners association (HOA) and your condo was sold at a foreclosure auction, you might think you’re off the hook for any delinquent payments to your HOA. You’re not! You will be liable for any dues while you are on title.

Today, as the market value for many properties has fallen, there isn’t enough money “left over” to pay your HOA. Most associations have governing documents that allow them to collect from a property owner personally, after the home has been lost to a foreclosure.

Bottom line – don’t just ignore your association fees because you’re in active foreclosure. You could pay for it later.

Elena Rivkin Franz, Real Estate Litigation Attorney

 

What’s in a Name? Deciding on a Business Name

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No matter what type of business you are preparing to start, one of the first decisions you need to make is what you’re going to name your business. Choosing a name is often something that business owners don’t realize needs more research than just finding a name that is memorable and will appeal to both them and their clients.

Why go to all this effort? You’re opening your business with plans of success, knowing you will be investing yourself, your time, and your effort into growing your business. Generally, you won’t be notified of any disputes related to your name until your business has grown and become successful, after you have spent time and energy getting your name known. Don’t lose this valuable piece of your business when it really means something to you because you didn’t research whether you could use it at the beginning. Trademark litigation is costly; a search determining whether you name will be rightfully yours is not.

1. Type and Scope of Your Business

The type and scope of your business will normally define how much work needs to be put into research surrounding your proposed business name. For example, if your new business is going to be the local diner branding your name, with no plans to expand outside your neighborhood, that should justify sticking to just your city and county. If you’re planning on selling party supply goods through a mail-order or internet catalogue, that may call for a full scale search of local and national usage since you’re be selling nationally.

At a minimum, your search should include every county in which you plan to do business. At the other end, your search may end up involving a complex multi-jurisdictional search of other business names in various jurisdictions of trademarked or protected intellectual property interests.

2. Fictitious Business Names Registries

If your business is going to be a local one, check the fictitious business name registry with the county clerk for each county your business is likely to do business in. This includes counties you may expand to if your business will be a success.

3. Business Name Search with the Secretary of State

The California Secretary of State maintains a listing of certain business names. You can check their website with their search function to see if there is already a corporation, limited liability company, limited partnership or limited liability partnership with a name that is confusingly similar to what you are hoping to use. Picking a name that is confusingly similar to another registered name may lead to a protracted tradename dispute down the line.

4. Federal and State Registrations

Filing a fictitious business name required by California Business & Professions Code Section 17910 establishes a rebuttable presumption that the registrant has the exclusive right to use that name as a trade name in the county where the statement was filed.

What happens when there are two of you using a similar name? If you have a fictitious business name registration (a “dba”) and there is a corporation or limited liability company in the same county with a name similar to yours, whichever one filed first and is actually engaged in a trade or business using the name is entitled to the presumption of priority against the other.

5. Specific Entity Name Requirements

Q: If I’m not a corporation, can I put an “Inc.” or “Incorporation” or “Corp.” or “Corporation” after my name? A: No. You’re not allowed to use a name that may be confusing to the general public.

Q: What about “LLC” or “Limited Liability Company” for my sole proprietorship? A: No. Only a limited liability company can use “LLC” or “Limited Liability Company” or “LLC.”

You’re not allowed to pick a name for your business that will end up confusing people who look at your business name.

6. Reserve Your Business Name if There Will be a Delay in Filing Your Formation Documents

Reserving your name with the Secretary of State is a simple and inexpensive matter. Ideally, when you decide on a name after conducting the research I’ve described above, you should go through the effort of reserving with the Secretary of State. If you anticipate doing business in states other than California, reserve your name there as well.  The Secretary of State will issue a certificate of reservation which should provide sufficient time to finish your business formation.

7. Will a Fictitious Business Name Statement Be Required?

A fictitious business name statement must be filed with the county clerk if you are regularly doing business under a fictitious business name (or a “dba”). You can file a fictitious business name statement in the county that your business has its principal place of business, within 40 days of the date you first began conducting business under that name. You may also wish to file a fictitious business name statement in other counties where you will transact business now and in the future.

Once you filed the fictitious business name statement with the county clerk, you must publish the name with a newspaper in the same county within 30 days of filing the statement, once a week for 4 consecutive weeks, with five days between each date of publication. Most metropolitan areas have papers that do this for a nominal sum. Afterwards, you must file an affidavit of publication with the county clerk within 30 days after completing your publication run. A fictitious business name statement will expire five years after the date you first filed it in the county recorder’s office, at which point you’ll need to refile.

We’d love to hear from you. How was your experience in filing your business name? Any other tips you can share?

-Elena Rivkin Franz, Business & Real Estate Litigation Attorney

 

Spring Forward! Don’t Fall Back…

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My favorite holiday is here again: the weekend when Daylight Saving Time returns and, suddenly, the sun is up an extra hour every evening.

What?  It’s NOT a holiday?  Well, as far as I’m concerned it is.  After the dreariness of winter’s long nights (peaking on December 5th, when the sun sets the earliest by our clocks, though if you use a sundial it’s December 21st), the gradual increase in the day’s length isn’t fast enough for me.  I truly celebrate the day when, as if by magic, it’s still light out an hour later than it was the day before.

This “holiday” is so cheerful that even its mnemonic device is optimistic!  “Spring Forward — Don’t Fall Back.”  Who could disagree with THAT?

Sometimes, alas, you reach a point in your life when it seems like Fall Back, Fall Back — even in brightest sunshine.  For example, maybe illness, unemployment, an underwater mortgage, or something else has led you to run up debts you’re never going to be able to pay off.  Interest keeps accruing, collectors keep calling, monthly bills keep arriving.

If so, don’t despair; the law allows you to Spring Forward again and force the debt collectors to Fall Back while you receive a fresh start:

Bankruptcy.

Yes, the word sounds a little scary, and yes the benefits of bankruptcy are partly offset by the requirement to give full disclosure of one’s financial position (and perhaps by a period of bad credit).  But other than that, it couldn’t be better; and even though there are some debts that don’t go away (some student loans, some income taxes, unpaid spousal and child support, to name a few), getting rid of all the rest makes it much easier to finally pay everything off.

What are some of the other benefits?

  • The great anxiety of seemingly insurmountable debt no longer haunts the debtor; she can get on with her life and start saving for the future.
  • Creditors can’t sue the debtor.
  • Most unsecured debt will vanish.
  • The debtor can begin building up a good credit rating again.
  • In a few years it is almost as if the bad times never happened at all.

For most people, bankruptcy takes one of two forms: Chapter 7 or Chapter 13.  Chances are, if someone has few assets and not much income, Chapter 7 will be the appropriate route; for those who can count on a good future income and/or own valuable assets, Chapter 13 is more likely.  For the most part, it’s up to the debtor, but Chapter 7 is unavailable to those who have too much income (which varies depending on the case), and Chapter 13 is off-limits for those who have too much debt (more than $360,000 unsecured or $1,080,000 secured debt).

Chapter 7 allows people to rid themselves of all debt, except a few categories such as those mentioned above.  Debtors agree to liquidate almost all their assets, but in California they’re allowed to choose $23,000 of assets to keep — even if that’s all they have.  In some cases, debtors can use gifts from friends and family to keep more than $23,000-worth by “paying” (in effect) for the surplus.  They’re protected in the meantime by the automatic “stay” until the discharge is entered, so creditors can’t bother them.  These provisions help debtors hold onto their car and remain in their home while they look for less expensive alternatives.

Chapter 13 provides protection from creditors as long as the debtor sticks to a payment plan during a period ranging from three to five years.  Debtors are excused from almost all unsecured debt (that means credit cards, for one thing).  However, they are obliged to settle up with creditors who hold secured debt (usually, that’s the debt for a house or car).  Like Chapter 7, Chapter 13 in California allows debtors to keep $23,000 of their property while liquidating the rest.  However, they don’t have to liquidate everything: in effect they’re allowed to “buy” their property from the estate.  If, say, the debtor’s two cars together are worth more than $23,000, the Chapter 13 plan can provide that unsecured creditors will be paid what they would otherwise have received in a Chapter 7 liquidation.

If this is the season for you to Spring Forward after too long Falling Back, regain this weekend’s missing hour by spending it in an initial consultation with the Mlnarik Law Group.  We’ll be there to help you let a lot more sunshine into your life.

- Jim Erickson, Associate Attorney

 

How to Reject a Potential Tenant (Without Getting Sued)

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No one likes to say “no”, especially a landlord who is turning away a prospective renter in a tough market.  But the pain of choosing the wrong tenant will outweigh the costs of a vacancy.  Sometimes landlords have to be tough.

The trouble with rejecting a tenant, though, is the likelihood they will take their hurt feelings to their lawyer’s office or the housing authority.  Before the landlord realizes it, the next “prospect” who tours the rental is actually a “tester” conducting an investigation of their tenant screening practices. Fines and damages for lawsuits or housing disputes can range from the thousands to the hundreds of thousands, and even into the millions for widespread violations in large rental property businesses.

Here’s how to reject or deny an applicant without opening yourself up to legal liability

1. Honesty is the Best Policy

Often we want to say “No, no, it’s not you, it’s me.”  Get in the habit of saying “Well, actually it is you.”  Don’t try to sugar-coat a rejection, or you’ll talk yourself right into a legal tangle.  Tell the applicant the reason for the rejection.  This will offer them closure without the need for further legal action.

2 .Credit Reports

If the rejection is based on something in the tenant’s credit report, you have a legal duty to tell them so.  In addition, you must tell them which credit reporting agency gave you the information in the event they want to dispute the credit report.  Landlords can reject someone outright for credit problems.  You should, however, be prepared to justify how you made the decision. You must enforce the same credit threshold with every applicant.

3. Tenant Screening Questions

Discrimination occurs when a landlord refuses to rent to someone because of the impression they form about the person’s class, including race, color, religion, national origin, marital or familial status, gender, advanced age or disability.

The best way to avoid a discrimination claim is to avoid questions about the person’s class and focus on their behavior.  It is also advisable not to predetermine the “type” of tenant who they think would “fit in” to the property.

There are countless ways to run afoul of this rule, for instance, touting the proximity of your rental to a religious institution, describing the ethnicity of the neighborhood, or suggesting who might like the neighborhood.  Stating that a property is a good match for a young family or a single person are more examples of how a statement may be interpreted as discriminatory.

Do not reject a tenant because they are a member of a protected class.  Rejecting a prospective tenant because they are dressed in a certain way may also be considered discriminatory if you use pejorative words to describe it, for example, stating someone is dressed like a “gangbanger” can imply racial stereotyping and discrimination.  On the other hand, a landlord is not required to rent to the person because of their class status.  If there is a bona fide reason to reject them, like a poor credit report or a dubious reference from the previous landlord relating specifically to the payment of rent or behavior of that particular individual, you do have the right to reject them.

When making a determination about an applicant from a previous landlord or personal reference, be sure to stick to the same rules and only act on information that specifically relates to the person’s behavior, e.g. chronically late rent payments or disruptive behavior, and not concerns generated from that reference’s own personal biases.

4. Criminal Background Checks

Reject tenants with criminal history that could spell bad behavior as a renter – check fraud, disorderly conduct, for instance, and any violent or aggressive behavior that could place other tenants or neighbors at risk.  Some landlords are willing to let minor offenses slide, like parking tickets or traffic infractions. Wherever you decide to draw the line, apply it evenly to all applicants.

5. Eviction Reports

Tenants with a history of eviction can be rejected.  The cost of an eviction is significant, not just in legal fees, but in time lost without payment of rent.  A contested eviction can take months to resolve.  Once an eviction proceeding is filed, the tenant may be more likely to damage the rental property, and those costs can be enormous.

6. Rental Application 

Landlords can reject an applicant who did not complete the entire rental application.  Make certain that the applicant has signed the authorization for a tenant background check, including a credit report, and permission to contact the references listed.  Keep documentation of your contacts with the applicant to prove you did not violate the law when you rejected the applicant.  Most importantly, apply whatever criteria you use to reject or accept a prospective tenant evenly and objectively to all tenants.

Familiarize yourself with the Fair Housing/Equal Opportunity Laws to avoid litigation.

Are there any more points that I may have missed that you can share?

- Elena Rivkin Franz, Civil Litigation Attorney

 

Bankruptcy Law and Policy: Good for the Few, Good for the Many

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Photo courtesy of ExcutedToday.com
John Perrott hanged at Smithfield

England passed the first modern bankruptcy law during the reign of that lovable old curmudgeon, Henry VIII.  The law’s purpose?  Make sure no one could ever fail to pay back a loan without severe consequences.  In other words, only one social purpose was served:  repayment of creditors — or else.

Although several American colonies and later states experimented with a more rational and humane approach (at a time when bankruptcy was still punishable by death in Merry Olde England), not until 1841 did the USA (or any nation) pass a bankruptcy law whose intent included an equitable system for discharge of debt.  Although England in 1705 began to allow discharge, the central purpose was still relief for creditors; in no way did the law reflect any humanitarian concern (or even sound social policy) regarding debtors.

The 1841 law was short-lived, but both the federal government and individual states kept experimenting, now and then, with variations.  Finally, following the catastrophic Depression of the mid-1890s, in 1898 a modern federal bankruptcy law was passed, and there’s been one (but not the same one) ever since.

In a way, that’s surprising.  One hundred and fourteen years is a long time for laws with the same basic premise to survive without serious opposition.  Obviously, it is the “common sense” of our nation that society as a whole benefits from allowing individuals to get a fresh start, rather than spend the rest of their lives paying off creditors.

But it’s even more surprising, in retrospect, that it took an entrepreneurial nation like ours more than a century before finally putting the law in place.  After all, the United States is built on the idea of encouraging individual risk, i.e., experimentation in launching businesses with the sober knowledge that a majority of new small businesses fail.  Without bankruptcy laws, far fewer Americans would be willing to take the risks and invest the personal savings that, combined, have given us the most dynamic and innovative business environment in history.

And even with respect to those (like me) who have no entrepreneurial talent, the existence of the bankruptcy code benefits society as a whole.  Think about it:  how motivated would individual workers be if, due to some financial disaster, they had to spend the rest of their lives working only to hand the paycheck over to creditors?  That’s far worse than even indentured servitude, which at least was limited to periods of about seven years.  We value an incentivized work force because it’s more productive and it’s healthier, psychologically, than the alternative.

In this respect, consider the recent housing bubble and the cataclysm of September 2008 through March 2009.  Without the option of bankruptcy, untold numbers would be stuck paying off their underwater mortgages (while no longer living in their old houses) for, possibly, the rest of their lives.  An entire generation of productive citizens would be reduced to conduits for the transfer of paychecks to creditors.  Instead, all of us benefit by allowing these people a way OUT so that they are motivated to remain IN a productive workforce.  It’s good for the few and good for the many.

Obviously, we’ve come a long way since Henry VIII (who perhaps inspired British poet Rudyard Kipling to write, “If you can keep your head when all about you / Are losing theirs and blaming it on you …”).  And we’re talking about losing your shirt, not your head.  But to sentence the risk-taking part of the workforce to a lifetime of mindless, motivationless labor, with no inspiration and innovation, is effectively to decapitate the economy.  Fortunately, back in 1898 a lot of congressmen had a good head on their shoulders — and regarding debtors, our nation no longer has collectively lost its mind.

by Jim Erickson, Associate Attorney

Policy descriptions by John Mlnarik

(Photo courtesy of ExcutedToday.com)

Seeing Your Shadow in the Form of an Identity Thief? Here’s What to Do.

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Groundhog Day AGAIN? Why, it seems like the last one was just yesterday …

Of course, I’m referring to the classic Bill Murray romantic comedy. Bill plays a TV weatherman covering Punxsutawney Phil‘s annual moment in the sun (or the shade). The “next” day, the hapless reporter discovers that every day is Groundhog Day, over and over again.

But if there’s anything worse than being the same person on the same eternal day, it’s being a different person EVERY day. That’s what it’s like if you’re a victim of Identity Theft — and it’s neither romantic nor a comedy.

If someone steals your name, birth date, social security number and so on, you could find yourself on the wrong end of a lawsuit when creditors try to collect the debts the thief has run up. Meanwhile, your hard-earned credit score could take a big hit.

Even before you contact an attorney, there are a few things you should do yourself.

1.  Above all, file a police report.  Some stations let you file online, but if that’s not an option, speak in person to an officer or deputy and let them know that the law requires you to file a report.  (And here we should digress:  one peculiarity of some identity theft laws is that you are not defined as a “victim” of identity theft until you file a police report!  Yes, that’s a strange definition of the word “victim,” but it lets the authorities know you are serious and not just claiming that the dog ate your homework.)

2.  Make a photocopy of your driver license or other state-issued ID.

3.  Photocopy a recent utility bill with your current address on it.

4.  Write a statement describing the particulars of the theft and your attempt to report it to the creditor and its attorney.  For example, if your theft involved a credit card, give the credit card name and account number, and say how much was fraudulently charged and for how long. Also supply your social security number and phone number. If your address has changed since either a) your ID was issued, or b) some or all of the theft occurred, give the dates you moved and any additional interim addresses. Finally, above your signature, write: “I certify the representations made are true, correct, and contain no material omissions of fact.”

Got that?  OK, gather it together with a cover letter stating that you are reporting the information as a “Request that Creditor be Notified of Identity Theft Under 15 USC Section 1681c-2“, which should also be the statement in the “re” line at the top of your letter template. Then send it all to the following addresses (accurate as of February 2012):

Equifax Security Freeze
P.O. Box 105788
Atlanta, Georgia 30348

Experian Security Freeze
P.O. Box 9554
Allen TX 75013

TransUnion Fraud Victim Assistance Department
P.O. Box 6790
Fullerton CA 92834

Also, send copies to the creditor (or, if the debt has been repackaged, to the debt collector who contacted you), and send yet another set of copies to any attorney who has contacted you in an attempt to collect the debt. At the bottom of the template copy (since every letter will be the same except for the address to which it’s sent), put a “cc” indicating all the places you’ll send the cover letter and copies.

Having done all the necessary “self-help” work, it may be necessary to contact an attorney. In fact, if you are being sued, you must answer the suit (usually within 30 days) and also, if advisable, file a cross-complaint with your answer. The cross-complaint enables you to request damages from the debt collector (sometimes including attorney fees) if the suit against you unreasonably goes forward, or if the attempts to collect the fraudulent debt don’t stop. Even if you’re citing federal law (for example, this one [pdf]), your cross-complaint can be filed in the state court hearing the suit against you; you also have the option to request that the suit be removed to federal court, and still include state claims.

This Groundhog Day, if you see your shadow in the form of someone pretending to be you, give the Mlnarik Law Group a call.  We’ll whack those debt collectors back into the hole where they belong, but for you the winter of your discontent will be over.

- Jim Erickson, Associate Attorney

UPDATE

Mlnarik Law Group Inspires Policy Review by FTC and U.S. Dept. of Justice

Inspired by correspondence from the Mlnarik Law Group, the Federal Trade Commission’s Bureau of Consumer Protection and the Department of Justice’s Office for Victims of Crime are in the process of reviewing an important aspect of Identity Theft protocols.

In fact, the matter is so significant that the agencies intend to meet with both the International Association of Chiefs of Police and also Experian (one of the Big Three credit reporting agencies). Together, they hope to address the issue raised by the Mlnarik Law Group: how and whether Identity Theft victims may file police reports online.

Credit reporting agencies require a valid police report in responding to claims of Identity Theft. However, there is some uncertainty as to whether an online report is valid, particularly given a preference that police reports include an officer’s badge number. Also, even though a given police department (for example, San Jose’s) posts an online warning that making a false report is a crime, this might not be considered as strong as the warning provided by a police officer in person.

Unfortunately, however, some victims complain that their local police department or sheriff’s office refuses to take their police report. Such complaints are especially troublesome given the fact that the legal definition of “Identity Theft victim” is not met in some states unless a victim makes a report.

This is a crucial aspect of Identity Theft policy in a digital world. The FTC agent who responded to the Mlnarik Law Group’s concerns is to be commended for so quickly taking such decisive action.

 

Chinese New Year 2012: Year of the Dragon | Good Fortune

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To help you find fortune in the New Year, several customs and traditions are to be followed. Chinese New Year is the longest and most important festivity in the Chinese calendar.

A must-have in every Chinese household during Chinese New Year is a plate of nian gao (new year cake).  It symbolizes continuous prosperity in the new year.  But nian gao is only one of many New Year desserts.  A personal favorite of mine are sesame balls, which come in all sizes and whose filling may be sweet or savory.  These delicious treats resemble gold nuggets, so naturally they symbolize money and wealth.

I loved celebrating Chinese New Year as a child, not only because of the good food but also because it was lucrative!  It is a long-standing tradition that married adults give hong bao (“lucky money”) to children and unmarried people to wish them good luck in the New Year.  What other holiday allows a child to make a whopping $200 in a matter of hours? 

Alas, the loot wasn’t in my hands for long:  I had to give it to my mother for “safe keeping.”  As an eight-year-old, I didn’t understand her reasoning.  Why can’t I spend all my money on candy and toys?  What do you mean I have to learn to save?  Now as an adult I realize it was her way of teaching me to be a financially responsible person.

For some of us, it’s second nature to overspend.  In order to control my “natural” instinct to buy not one but two pair of pumps whenever there’s a mad sale at Nordstrom, I incorporate restraint and awareness into my daily routine.  Before I make that purchase I have to be aware of what I really need and how much I can afford.  If I realize I neither need nor can afford the extra pair, I will invoke the gods of restraint to help me turn away from that sales rack.

I have my mother to thank for teaching me the importance of smart spending.  For those who are still learning the ropes of financial responsibility and finding it difficult, do not get frustrated.  There are many methods and resources to put your financial house in order.  The right solution for you may be as simple as cutting down your consumption of gourmet coffee or the like — but if it’s a lot more complicated than that, you may need professional advice in order to get a fresh start on your finances.  We at the Mlnarik Law Group specialize in providing such assistance.  Give us a call and we’ll help you find the right direction and ultimately enjoy the fruits of your own hong bao.

Sun Lin Fai Lok to all!  May the New Year bring you prosperity and good fortune!

- Angie Tong, Bankruptcy Attorney

S. Bay Neighborhood Law Firm Making Contacts at the S3 Tri-Chamber Mixer

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Continuing its outreach to the Bay Area business community, the Mlnarik Law Group, LLC will be one of only eight Santa Clara exhibitors at this year’s S-3 Tri-Chamber Mixer & Mini Expo.  Held from 5:30 to 7:30pm, January 19, 2012, at the Doubletree by Hilton San Jose, the Mixer/Mini Expo is the joint effort of the San Jose Silicon Valley, Santa Clara and Sunnyvale Chambers of Commerce.

Hundreds of Chamber members will be on hand to make new business connections and strengthen old ties, and the Mlnarik Law Group will be prominently featured in their midst.  At last year’s event our fellow exhibitors included everything from a graphic design firm to a “troubleshooting” business consultant to a candy company run by local entrepreneurs.  The Mlnarik Law Group was on hand offering its legal expertise in all matters of corporate governance, including business formation, development, and maintenance.  How to decide between being an LLC, S-Corp, LLP, GP, or Sole Proprietorship?  What should you (or shouldn’t you) include in the employee handbook?  When is it necessary to use NDAs or “non-competes”?  What will be your web agreements and privacy policies?  Our attorneys cover all that and much more, and the Chambers of three Bay Area cities are getting to know us better with each new year.

However, the Mlnarik Law Group, LLC is much more than a business boutique.  As “A neighborhood law firm committed to your success”TM our work reaches into the areas of real estate, estate planning, family law, employment law, bankruptcy and fair treatment of debtors, not to mention general litigation on a case-by-case basis.  But why read about it here?  Come on down to the Tri-Chamber Mixer and Mini Expo and we’ll tell you all about it!

Jim Erickson, Associate

The Law Protects You from Stalkers AND “Stalking” Debt Collectors

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Usually when someone receives dozens of phone calls at all hours of the day, all by the  same person who also troubles the victim’s family, friends and neighbors, we have a word for it: STALKER! And stalkers, as we all know, are criminals.

But suppose the same scenario applies with just one difference: the “stalker” is a debt collector. Most people would be much less likely to think of the behavior as criminal. But in a sense, it is. Maybe it’s not as scary (except to your pocketbook), and maybe it’s not as creepy (although often extremely creepy tactics ARE used), but it’s every bit as illegal — in that the debt collector can be hauled into court and face stiff penalties. However, it’s not the police who do the job: If you’re the victim, it’s YOU. You can take action against the debt collector and, if you’re successful, you can collect as much as $1,000.00 in fines and you can recover your attorney’s fees and court costs — all thanks to something called the FDCPA (here) and its cousin, the Rosenthal Act.

The list of debt collector no-no’s is much too long to post here, but we can briefly mention the most typical abuses. If you notify them in writing to “cease further communication,” their phone calls have to stop; the same goes if you tell them your attorney’s name and that doesn’t even have to be in writing!

Whether or not you notify them, they’re NEVER allowed to:

  • call before 8 AM or after 9 PM
  • leave the phone ringing for a long time
  • contact anyone else except to ask about your whereabouts (and then only once per person)
  • mention your debt to anyone else
  • send you a postcard of any kind, or an envelope that makes it obvious you’re in debt, or is marked to appear as though it’s from a lawyer or the government or a court

While they are allowed to call you fairly often, they must never use threatening or abusive language, nor speak to anyone but you, your spouse, your legal guardian or your attorney. They can’t suggest you’ve committed a crime or are going to prison, nor can they threaten anything that they don’t intend to do. In fact they can’t do anything that is (legally) harassing or oppressive or abusive or unfair or unconscionable.

But what if they do?  Here’s what: Take them to court. If you’re successful (keep good records of the calls and letters, to be sure you can document the offenses and increase your chance to win), they could be obliged to pay you as much as $1,000.00 in fines plus your attorney’s fees and legal costs. Contact the Mlnarik Law Group if you think you have a case and together we can get that stalker to obey the law!

Jim Erickson, Associate

2012 New Year Resolutions: Dive in and be Part of the Solution

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Celebrating the end of one year and the beginning of the next is a blast!  I enjoy celebrating everything that has been accomplished and look forward to what lies ahead.  This year the top ten New Year resolutions look to be the same as last year’s, and I can’t help but ponder a hypothesis.

As we compete to get ahead, people compromise what is most important to them in order to survive; and as the economy declines the sacrifices made become deeper as competition grows.  As the unemployment rate increases those who remain employed find themselves, paradoxically, sacrificing time with their families in order to support them; and sacrificing their own physical and psychological health in order to support themselves.

With 2012 an election year, we look to our leaders for guidance and ask what they will do to turn things around and put Americans back to work.  But without looking to our leaders for guidance, I focus on the people I see every day and change what I can and let go of what I can’t.

I cannot change a company’s business decision to send jobs overseas but I can choose to buy things made in the U.S.A.   I can’t fix the economy but I can help to pick up the pieces by helping one family at a time.

A decision made by any one of us may be relatively small, but collectively the small decisions we all make will add up and make a difference.   Together we can move forward and help the economy recover.

This year I resolve to make purchasing decisions based on what I need instead of what an advertiser wants me to buy.  I resolve to fight for the people in my family, my community and my country so that we may collaborate to solve problems that hit home.

This year especially, I remember my training as a PADI Rescue Diver and the number one rule of a rescue attempt: “Be part of the solution, not the problem – Think Then Act!”

- John Mlnarik, Founder/Principal Bankruptcy Attorney