Saturday, February 28, 2015

Debt Collection - What rights do I have a against debt collectors?

While it can be challenging trying to exercise your rights against collection agencies, people do have rights against collection agencies and their efforts to collect debts. The Fair Debt Collection Practices Act provides these protections.
Image courtesy of Stuart Miles at FreeDigitalPhotos.net

1.   No Early Morning or Late Night Calls

2.   No Calls at Work, Once You Request It

3.   No Repeated or Continuous Calls
4.   No Verbal Abuse

5.   No Informing Friends, Neighbors, Co-Workers, or Family Members about a Debt
6.   No Collecting on a Debt Larger Than the Consumer Actually Owes

7.   No Dire Threats
8.   A Debt Collector Must Send Written Notice of a Debt

9.   A Debt Collector Must Honor a Written Request for No Further Contact
10. The Debt Collector Must Verify All Disputed Debts

Just letting a credit collection agency know you understand these rights could help you prevent harassment by the creditor. Check out this article for a more complete explanation of these protection: "Top 10 Debt Collection Rights for Consumers" http://bit.ly/1FqJwnt.
If you want assistance, legal representation, or just want to know more about Mark Medvesky or Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.

#bankruptcy #Chapter_7 #Chapter_13 #Montgomery_County #law_firm #Bucks_County #Pennsylvania #debt #settlement

Wednesday, February 25, 2015

USCIS Announcement - DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence

U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States. To learn more, visit USCIS at http://1.usa.gov/1DWF6Yy 

If you want assistance, legal representation, or just want to know more about Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.

#BucksCounty #DACA #Deferred_Action #Immigration #lawyer #lawyers, #MontgomeryCounty #Souderton #Law_Firm


Saturday, February 21, 2015

Points to consider in your children custody case after a divorce (part 2)

NOTE: Pennsylvania law does not presume one parent is better than the other as a custodial parent and many county courts look to share physical custody, as close to 50/50%, as possible. While judges base child custody decisions on many variables, and the Pennsylvania law sets forth all the factors a court must consider in a child custody case, this series includes some of the more important factors Pennsylvania courts typically consider when making these decisions.  While there are no guarantees in child custody disputes, taking these actions may increase your chances of a favorable result.

This blog is part 2 and discusses two more points of the 10 points we plan to discuss and for you to consider when trying to position yourself to maximize your physical custody of your children.

3. Find a job / work schedule that fits the children’s routine.

Image courtesy of David Castillo Dominici at
FreeDigitalPhotos.net
Working is not a negative mark against you and often suggests stability to the custody court.  However it is important that you try to find a work schedule that fits the children's schedule.  Working 8 to 5 or some variation is usually best as it coincides with school and maximizes the amount of time parents can spend with their children.  While Pennsylvania law allows the court to consider suitable childcare as a factor, parents who work third shift or second shift must often face arguments that they aren't available at critical times.  The more time for the kids, the more chances you have to increase your custody.

Keep in mind that changing jobs for custody reasons could affect your ability to pay child support, so be careful.  The court will generally not lower child support for people who voluntarily change jobs for lower wages.

4. Avoid cohabitation too soon in a new relationship.

New relationships can impact your child custody. Your choice in and character of a new mate can hurt your custody case. If the new paramour is later found to have a significant criminal record or a record of abuse, this will almost certainly hurt your custody case.

Even if you are already separated and meet someone new, there can still tension.  This is particularly true where the relationship/divorce still has unresolved issues. The spurned parent often perceives this as a character or stability issue, and will simply oppose the new person on those grounds alone.

While a custody court is highly unlikely to deny a parent a new paramour or spouse, the how, when, and where of the new relationship can influence your custody position. By adding another person to your household, you create an additional line of questions for the court. The answers can change the outcome of the case.

Please keep in mind we are not trying to set you up to "win" a court case. This series is a set of factors for you to consider to position yourself in the best place for you to contribute to the stability, welfare, and well-being of your children.
 

If you want assistance, legal representation, or just want to know more about Douglas Wortman or Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.

#Custody #Divorce #Bucks_County #lawyer #lawyers, #Montgomery_County #Souderton #Law_Firm

Wednesday, February 18, 2015

Power of Attorney (POA) and "Living Will" - "I'm young ... I don't need those."

Image courtesy of scottchan at FreeDigitalPhotos.net
That's what I hear from a good deal of my client's in their 30's, 40's, and even in their early 50's. Recently, I received a call from someone to ask for legal advice. Her brother was divorced, had a young child, was in his early 40's, and a construction worker. A couple weeks ago, a large piece of equipment collapsed and fell on top of him.

He suffered a traumatic brain injury, paralysis from the upper chest down, and was on life-support in critical care in the hospital. The prognosis was bad and the man's doctors really needed decisions on care. But instead of having one person appointed to make medical decisions to work with the doctors, the family broke out into a battle on who was going to determine what care would be authorized and the doctors were forced to extend what some family members felt was a painful and lingering death.

The family member that contacted me was doing so to commence the legal proceeding necessary to fight for the authority to make these medical decisions as well as other legal decisions for the severely injured worker. For a few hundred dollars of legal planning, the family would have saved the thousands it is getting ready spend on a legal battle. Also, the family has not been able to make any legal decisions or transactions while the victim has been incapacitated, like transfer money, exercise employee benefits, etc.

If this ends the way the family and doctors believe, the next fight will be over the estate. I understand there is no Will either. There were reasons I could not take the case. So my understanding of it is very basic. This is a tragic situation and a hardship on the family on many levels. A person is never too young to plan for the worst.

For a more detailed explanation of a Will, Power-of-Attorney, and a Healthcare Declaration/Living Will, check out our Estate Planning page http://medveskylaw.blogspot.com/p/wills-powers-of-attorney-living.html here and our website http://www.medveskylaw.com/Estate-Planning/Wills-Living-Wills-And-Powers-Of-Attorney.shtml

If you want assistance, legal representation, or just want to know more about Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.

#Bucks_County #lawyer #lawyers, #MontgomeryCounty #Souderton #Law_Firm #Wills #Power-of-Attorney #Living_Will #Healthcare 

Tuesday, February 17, 2015

DELAYED: Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA)

U.S. District Judge Andrew Hanen temporarily enjoined the implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA). Accordingly, the Department of Homeland Security (DHS) will not begin accepting requests for the expansion of DACA tomorrow, February 18, as originally planned. Until further notice, DHS will also suspend the plan to accept requests for DAPA.

It is important to emphasize the District Court’s order does not affect the existing DACA. Individuals may continue to come forward and request initial grant of DACA or renewal of DACA pursuant to the guidelines established in 2012.

The Department of Justice will appeal that temporary injunction; in the meantime, DHS must comply with it.  DHS will be prepared to implement DAPA and expanded DACA if the DOJ is successful.

If you want assistance, legal representation, or just want to know more about Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.

#BucksCounty #DACA #Deferred_Action #Immigration #lawyer #lawyers, #MontgomeryCounty #Souderton #Law_Firm

Sunday, February 15, 2015

Effective ways to reduce your risk of identity theft.

Image courtesy of hyena reality at FreeDigitalPhotos.net
If identity thieves have your personal information, they can deplete your bank accounts, run up charges on your credit cards, open new utility accounts, or even get medical treatment on your health insurance.

Identity thieves are resourceful: they rummage through your garbage, the trash of businesses, or public dumps. They may work — or pretend to work — for legitimate companies, medical offices, clinics, pharmacies, or government agencies, or convince you to reveal personal information. Some thieves pretend to represent an institution you trust, and try to trick you into revealing personal information by email or phone.

The first step to prevent identity theft is awareness of how and when you use your personal information. By keeping close tabs on your personal information, you can significantly reduce your chances of becoming an identity theft victim. There are several effective ways to do this:
 
Store and dispose of your personal information securely, especially your Social Security number.  Do not routinely carry your Social Security card or documents with your SSN on it.
 
•Don’t give a business your Social Security number just because they ask – only when absolutely necessary.  Ask them why they need it.
•Protect your personal financial information at home and on your computer.
•Check your credit report annually.
•Check your Social Security Administration earnings statement annually.
•Use a firewall program on your computer, especially if you leave your computer connected to the Internet 24 hours a day.
•Do not download files sent to you by strangers or click on hyperlinks from people you do not know.
•Don’t give personal information over the phone, through the mail or the Internet unless you have either initiated the contact or are sure you know who is asking.

For more information on how to prevent Identity Theft, check out this link to the Federal Trade Commission’s web page on methods of keeping your personal information secure:
If you want assistance, legal representation, or just want to know more about Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.

Friday, February 13, 2015

Telephone Issues yesterday

Image courtesy of stockimages at FreeDigitalPhotos.net
Anyone who called yesterday may have received a message that our voicemail was full. I apologize for the problem. The voicemails automatically delete after a certain time and this is the first time since we opened the messages built faster than they were deleted. This shows our practice is growing but I should have been paying attention to the mailbox.

We will make an added effort to call people we were expecting calls from. But if you called yesterday and didn't get through, please know the system is cleaned up and if you do not reach Doug or me, you will be able to leave a message. We really do try to return calls as soon as possible. Again, I am a little embarrassed I let the box get so full and I apologized for the inconvenience.

If you want assistance, legal representation, or just want to know more about Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.

Thursday, February 12, 2015

Points to consider in your children custody case after a divorce (part 1)

Pennsylvania law does not presume one parent is better than the other as a custodial parent and many county courts look to share physical custody, as close to 50/50%, as possible. While judges base child custody decisions on many variables, and the Pennsylvania law sets forth all the factors a court must consider in a child custody case, this series includes some of the more important factors Pennsylvania courts typically consider when making these decisions.  While there are no guarantees in child custody disputes, taking these actions may increase your chances of a favorable result.


Image courtesy of AKARAKINGDOMS at FreeDigitalPhotos.net
Over the next couple weeks this blog with discuss 10 points to consider when trying to position yourself to maximize your physical custody of your children.  Please keep in mind we are not trying to set you up to "win" a court case. This series is a set of factors for you to consider to position yourself in the best place for you to contribute to the stability, welfare, and well-being of your children.

1.  Try to find adequate and safe living environment.
This can be a problem for many divorcing parents, especially financially.  Ideally, you would try to find something that has age appropriate bedroom situations, allows older boys and girls to sleep separately, and an environment that avoids over-crowding.  Obviously keeping the marital home has its own advantage as the children are comfortable and acclimated to those surroundings.

Of course, financial considerations may limit your choices.  So, no matter where you move, keep it clean, neat, and habitable.  Modest housing that is clean and neat is usually all most custody judges will expect.  Even if you must rent a less than perfect abode, and the opposing parent has that, "nice house in the country", adequate sleeping areas, and cleanliness should keep you on equal ground. Judges may be negatively swayed by pictures of dirty homes and dingy appearances.

2. Stay in the same school district.
A divorce is already disruptive children’s lives and the court is, and the parents should be, looking for ways to keep as much stability as possible. School is one of the areas that can remain stable. If you move out of your child's school district, the opposing parent may argue that custody is best kept with them, so the child can retain the same friends and teachers.  This can be a powerful and persuasive argument. If the custody case is otherwise close, this may carry the day. 

Many times a parent who leaves the family residence moves without regard to the school district. They move long distances to be with new loves, parents, or just to get a fresh start.  Keep in mind that school is one of the most important aspects of your children's lives.  This is usually where most of their friends are.  Staying in the same district signals to the court that you planned your move with your children's best interest at heart.
However, if you move to a location with a much better school district than the one your child/children currently attend, you can present this in your custody case.  Just remember, much better and a little better are not the same things.  In most instances, moving schools for children who are established students is probably not going to help your custody case.  You should try to find housing in the same school district if you are the parent leaving the marital home.
If you want assistance, legal representation, or just want to know more about Douglas Wortman or Medvesky Law Office,  LLC, check out our website at www.medveskylaw.com.

#Custody #Divorce #Bucks_County #lawyer #lawyers, #Montgomery_County #Souderton #Law_Firm

USCIS Announcement - Update DACA - Now Available: Updated FAQs for Expanded DACA and Form I-821D Instructions

Update:

- Some of the USCIS resources on-line to prepare for filing for Deferred Action for Childhood Arrivals (DACA) have been updated.
- Revised form will be posted soon

- These materials are not effective until 18 Feb 2015

The date for accepting applications is still 18 Feb 2015. You can visit uscis.gov/immigrationaction or uscis.gov/accionmigratoria to learn more about expanded DACA.

If you want assistance, legal representation, or just want to know more about Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.

#BucksCounty #DACA #Deferred_Action #Immigration #lawyer #lawyers, #MontgomeryCounty #Souderton #Law_Firm

Wednesday, February 11, 2015

Fraudulent Tax Filing Crimes on the Rise

Tax Filing Fraud is a crime that has become so pervasive that people ranging from a U.S. Attorney General to prison inmates have fallen victim. The IRS reported that it investigated almost 1,500 cases in 2013, a surge of 66 percent from 2012. This story has been all over the news recently but it deserves to be repeated. People need to know and be aware of the problem.
Image courtesy of Stuart Miles at FreeDigitalPhotos.net

In fraudulent tax filings, criminals submit tax returns for other people, using stolen information such as Social Security numbers and employer information. They then direct the IRS or state treasury departments to pay the refunds into their own accounts, collecting as much as $5.2 billion in fraudulent payments.

The issue hit home for many workers last week, when TurboTax temporarily halted filing state returns amid an uptick in fraudulent filings. The problem is on the rise, and several states that have issued warnings about the crime.
Generally, an identity thief will use your Social Security number to file a false return early in the year.  Very often, an identity theft victim will not even know there is a problem until they file their tax return and learn the IRS can't process it because someone else has filed using their name and Social Security number. The other impact is that criminals may use your data to engage in other identity-theft crimes, from applying for credit cards in their names to taking out loans.
For the victims of identity theft and a fraudulent return, it can be just the start of a major headache.  Identity theft can wreak havoc with your finances, credit history, and reputation, delay your tax refund, — and it can take time, money, and patience to resolve. 
If your SSN is compromised and you know or suspect you are a victim of tax-related identity theft, you should take these steps as soon as possible:

        Report the theft of the Social Security number to the IRS at http://www.irs.gov/uac/Identity-Protection. You can also call 1-800-908-4490.
       Complete IRS Form 14039, Identity Theft Affidavit. Use a fillable form at IRS.gov, print, then mail or fax according to instructions.
       Continue to pay your taxes and file your tax return, even if you must do so by paper. 
 If you previously contacted the IRS and did not have a resolution, contact the Identity Protection Specialized Unit at 1-800-908-4490.
        Report the identity theft to the Federal Trade Commission at http://www.idtheft.gov. You can also call the FTC Identity Theft Hotline at 1-877-438-4338.
       File an identity-theft report with your local police. The police report will help clear your records and your name, and is necessary if you want to apply for a new Social Security number.
       Contact the three major credit bureaus to place a fraud alert on your file. — Tell each of the three agencies that your SSN has been stolen. They will give you free copies of your current credit reports. Review those reports for unfamiliar accounts and unknown inquiries from companies.
Equifax, www.Equifax.com, 1-800-525-6285
Experian, www.Experian.com, 1-888-397-3742
TransUnion, www.TransUnion.com, 1-800-680-7289

       Report the theft of your Social Security number to the Internet Crime Complaint Center at http://www.ic3.gov/. The report will be distributed to the relevant federal, state and local authorities. 
       Close any accounts opened without your permission or tampered with.
        Keep track of, record, report and close all fraudulent accounts by contacting both the companies holding the accounts and the credit-reporting agencies. This will keep your credit as clean as possible. The only way to get a new SSN from the government is to prove without a doubt that someone has used the old number, and records of fraudulent accounts can provide that evidence.

If you want assistance, legal representation, or just want to know more about Medvesky Law Office,  LLC, check out our website at www.medveskylaw.com.

Friday, February 6, 2015

Child Custody - "I'm taking the kids and moving to my mother's ..."

Image courtesy of Stuart Miles at FreeDigitalPhotos.net
In many families around Pennsylvania, children are being raised by only one of their parents. For a variety of reasons, one parent may want or need to move while the child is a minor. These reasons can include a new job or educational opportunity, to be closer to family, or to leave an abusive relationship. If you have primary physical custody of your child in Pennsylvania, you should be aware of the Commonwealth’s requirements before deciding to move.
 
Pennsylvania’s Child Custody Law was modified in January 2011, and the most recent law included several modifications regarding relocations involving minor children. The law now provides specific steps that the parent requesting the relocation must follow when the move would substantially interfere with the other parent’s custodial rights. There are two ways the relocation can occur: 
 
              1) each person with custodial rights agrees to the proposed move, or
 
              2) the Court must approve the relocation.
 
The new law requires that the parent planning to move must inform every individual with a custodial right of the proposed move. This notice must be in writing and sent to each person by certified mail, return receipt requested. With few exceptions, notice must be given at least 60 days in advance of the proposed move. This notice must include a detailed list of information pertaining to the proposed new residence, the new school district, the date of the proposed relocation, detailed information on household members, why the relocation is desired, and a proposed custody order.
 
After receiving notice of the proposed relocation, the other parent can either agree or object to the proposed relocation. The parent must file in Court within thirty days of receiving notice of the proposed move. If an objection is filed, a hearing will be held where the objecting party may oppose the proposed relocation, the proposed revised custody schedule, or both. If an objection is not received within the required time limits, the other parties cannot object to the relocation in the future.
 
When deciding to approve or reject a proposed relocation, the statute provides several factors that the court will consider.  These factors include, but are not limited to: the child’s relationship with the relocating and non-relocating party, the likely impact of the relocation on the child, the reasons for the relocation, and whether the relocation will enhance the child’s quality of life.  The list is not all-inclusive, as the court can consider any factor that affects the best interest of the child.  If the court ultimately approves the proposed relocation, the court will either modify the existing custody order or create a new custody order.
 
If you want assistance, legal representation, or just want to know more about Douglas Wortman or Medvesky Law Office,  LLC, check out our website at www.medveskylaw.com.
 
#Custody #Divorce #Bucks_County #lawyer #lawyers, #Montgomery_County #Souderton #Law_Firm

Wednesday, February 4, 2015

Business Owners - Have you reviewed your employees' status lately?

As we progress into the New Year it may be a good time to review your employees and make sure you understand their positions and your responsibilities. I found this article, "7 questions employers should ask themselves every year" (http://bit.ly/1zREbr6) and thought it would be worth a mention. I know some of the points here may be for larger companies but there is at least one issue I think all employers need to consider and that in independent contractors.

Image courtesy of photostock at FreeDigitalPhotos.net
Question #1: “Do you have accurate job descriptions…”
Question #3: "Have you reviewed each worker treated as an independent contractor to ensure he/she should not be treated as an employee? ..."

These can have dramatic tax consequences and wage implications. If you have an independent contractor that only works for you and you direct most or all of his or her time, that person may actually be an employee by Departments of Labor or Treasury regulations.
In these busy times, your company may have grown, shifted or gradually changed creating employment relationships that have changed too. Take a quick look at this short list of questions. If you are not sure of the answers to these questions, it may be time to talk to your attorney.

If you want assistance, legal representation, or just want to know more about Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.
#BucksCounty #lawyer #lawyers, #Montgomery_County #Souderton #Law_Firm

Sunday, February 1, 2015

USCIS Announcement - USCIS to Begin Accepting Requests for Expanded DACA on Feb. 18

Direct from USCIS:

"U.S. Citizenship and Immigration Services (USCIS) will expand Deferred Action for Childhood Arrivals on Feb. 18, 2015. That will be the first day to request DACA under the revised guidelines established as part of President Obama’s recent announcements on immigration.

USCIS advises the public to be extra careful to avoid immigration scams. To learn how to identify and report scams, and how to find authorized legal assistance at little or no cost, go to uscis.gov/avoidscams or uscis.gov/es/eviteestafas.
If you have questions, in English or Spanish, you can call the USCIS National Customer Service Center at 1-800-375-5283 (TDD for the hearing-impaired: 1-800-767-1833)."

If you want assistance, legal representation, or just want to know more about Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.

#BucksCounty #DACA #Deferred_Action #Immigration #lawyer #lawyers, #MontgomeryCounty #Souderton #Law_Firm

Deed in lieu of foreclosure - You take the house and we're square ... right?

When a debtor is having trouble paying a mortgage and will not be able to meet the obligation of the mortgage, one potential settlement opportunity is a deed in lieu of foreclosure. This is assuming the property is underwater or even at a break-even point without the cost of selling the property. A deed in lieu of foreclosure is when the debtor offers the deed of the property to the mortgage company without the need of going through a lengthy foreclosure proceeding. The mortgage company or bank becomes the property owner.
Common sense would lead people to think that "giving back" the property would give them relief from the entire debt including any penalties and costs. Why else would someone give up their home without a foreclosure ... right? What other benefit would someone receive? Being released from the entire debt is not automatic. The mortgage company could seek the difference between the value of the property and the total amount of the debt. That is the deficient balance. The complete release of all debt in exchange for the deed in lieu (instead) of foreclosure needs to be negotiated and included in the written agreement.

Different trade organizations around the country have been alerting local organizations that many lenders around the country, over the last year, have been sending deed in lieu of foreclosure packages directly to homeowners that have not been including a satisfaction of the deficient balance. A senior attorney with the local legal aid office also reported she has seen mortgage companies take this a step further ... not only are the mortgage companies not satisfying the deficient balance, but some are sending an affirmation of the deficient amount owed to be signed by the homeowners, specifically keeping the debt in place.

If the mortgage company is not offering to forgive any debt over from the value of the property, there may be no benefit to this option. A deed in lieu of foreclosure is treated as a foreclosure by credit bureaus. When the debtors apply for a loan in the future they'll have the same waiting and seasoning period as they would if they had a foreclosure in the past. So staying in the property without paying while the foreclosure process plays out over many months may be a greater benefit to the debtor.

If you are considering a deed in lieu of foreclosure, carefully read the documents. Make sure they specifically state that the deficient balance will be forgiven and that they will not pursue their right to collect that deficient balance. If it is not in the agreement, you cannot count on a complete release from the entire debt.

If you want assistance, legal representation, or just want to know more about Mark Medvesky or Medvesky Law Office, LLC, check out our website at
www.medveskylaw.com.

#bankruptcy #Chapter_7 #Chapter_13 #Montgomery_County #law_firm #Bucks_County #Pennsylvania #debt #settlement #deed_in_lieu