Debt Collection

If you have a debt that has been referred to a collection agency, you have rights under federal and state law. Although debt collectors are permitted to call you, send letters to you, and sometimes hurt your credit rating, there are many things that debt collectors cannot do. When a debt collector goes too far and breaks the law, I can help. A debt collector crosses the line when he/she threatens to send you to jail or prison, have your children taken away, or repossess your home. A debt collector is not allowed to call you at inappropriate times, yell at you, or swear at you. In addition, if you have asked a debt collection agency to stop contacting you, it must honor your request.

Repossessions

If a finance company repossesses your agricultural machinery, motor vehicle, or other property in which a secured interest is retained, it must do so in accordance with the law. You have rights that the finance company must respect. In certain circumstances, you can reclaim the property. If you do not reclaim the property, the finance company may be required to sell the property within 90 days and refund a portion of the proceeds to you.

Foreclosures

If a mortgage company forecloses on your property, the company must follow specific procedures in a timely fashion. In addition, the mortgage company must respect your rights to redemption and reinstatement. You can "redeem" and stop a foreclosure sale if you are able to pay the overdue amount of the mortgage plus the mortgage company’s expenses related to the foreclosure. Even after the foreclosure sale, you can get your property back if you can pay the highest bid placed at the foreclosure sale. If you are unable to invoke your rights to redemption or reinstatement, you may have a right to recover a portion of the proceeds obtained at the foreclosure sale. If the property subject to foreclosure is farm property, you have additional rights.

If you lost your home and/or equity after being approached by a predatory mortgage lender who promised to "save your home" after a mortgage company brought foreclosure proceedings against you, you may be able to sue the predatory lender.

Loans, Credit, Banking

Lenders must comply with Federal Truth In Lending requirements ("TIL"), as well as Minnesota statutes that protect borrowers. Lenders are legally required to clearly disclose the terms of a loan before a borrower accepts the loan. Some of the terms that must be disclosed include the APR (annual percentage rage), amount financed, finance charge, payment amount, and number of payments. In addition to these requirements, the lender must provide other information, including information that explains the right to cancel the loan. The law is strict when it comes to disclosures and deadlines; borrowers can recover a monetary award when lenders do not comply with TIL requirements.

If there is a mistaken or disputed charge on your credit bill that the credit card company refuses to remove, a lawyer can help you get it removed. Furthermore, you have the right to correct inaccuracies on your credit record, including those caused by identity theft or a case of mistaken identity.

When you seek a loan, creditors are prohibited from discriminating against you for an inappropriate reason. Inappropriate reasons involve age, disability status, race, or receipt of public assistance. A creditor that denies you credit is required to provide specific reasons for the adverse credit decision. If you are the victim of discrimination, I can help you stand up for your rights.

A check cashing business must charge reasonable fees approved by the Minnesota Department of Commerce that are clearly posted on the property. In addition, any business that accepts a check is prohibited from requiring you to give them a credit card number as a condition of accepting your check (however, you may be required to display the credit card). Banking institutions are also subject to consumer protection laws. If you are the victim of identity theft, you may be able to avoid losses that result from the unauthorized use of your account. Furthermore, you have other rights, such as the right to stop payment on a check.

Arbitration Agreements

Arbitration agreements are agreements hidden in a contract that prevent you from suing someone for wrongdoing. Since these agreements are commonly printed in small, light-colored letters on the back of a contract, you probably do not know you "agreed" to arbitration until it is too late. If the agreement is outrageous or violates important legal rights, you may be able to get your "day in court" and sue the wrongdoer, despite the arbitration agreement. Even if the arbitration agreement is enforceable, you have rights concerning discovery and a right to appeal the arbitrator's decision.

Deception and Fraud

If someone tricked you into buying something by lying, telling half-truths, or omitting important information that should have been disclosed, I may be able to help you cancel the agreement and get back some or all of the money you paid.

Auto Fraud / Lemon Law

Your new vehicle may be a lemon if it has one or more defects that make it hazardous to operate. It may also be considered a lemon if you had to bring it to the dealership for repairs 4 or more times for the same problem or if you have been unable to use it for a total of 30 business days within a two-year period.

In addition, if a car salesperson tricked you into buying a vehicle by misrepresenting the condition of the vehicle, you may be able to receive damages from the repair shop and/or salesperson. Common forms of motor vehicle fraud involves a salesperson not disclosing that the vehicle you purchased was in a flood or wreck; not giving you the title; or not giving you, or letting you read, a copy of the sales contract.

Another common form of vehicle fraud involves a salesperson pretending that the sale was finalized and letting you take the vehicle home. After a few days, the salesperson will call to inform you that "the bank did not approve the financing" but that you can keep the vehicle if you agree to a new loan with higher interest rates. In extreme cases, the salesperson will sometimes tell you that they already sold your trade-in vehicle and threaten to report your new car as stolen if you do not return it.

Warranties

If a salesperson refuses to honor verbal or written warranties that he/she made in connection with the sale of an item, I may be able to help you. In addition, if you purchased an item after a salesperson showed you a sample or floor model, only to realize later that the item you purchased is of lower quality than the sample, you may have the right to sue and recover your damages.

Predatory Lending

Predatory lenders are called "predatory" because they frequently target vulnerable people in serious financial trouble, usually for reasons beyond their control. They employ high-pressure tactics to get your signature on their forms, offering a "take it or leave it" loan after convincing you that no one else will offer you a loan. They try to talk you into borrowing more money than you need and act like they are in a hurry and that you are wasting their time. They rush you through the paperwork, asking you to sign "here and there" before you can read the documents. They do not let you take documents home so you can consider whether you want the loan. Sometimes, the loan documents require you to pay higher interest rates or payments than you and the lender verbally agreed to. If you believe that you may be the victim of a predatory lending scheme, I may be able to help you.