La información proporcionada en esta publicación no representa, y no pretende, un asesoramiento legal. Toda la información disponible en este sitio es información general. Si necesita ayuda legal, debe comunicarse con un abogado. Usted puede ser elegible para nuestros servicios legales. Nuestros servicios son gratuitos. Usted puede solicitar nuestros servicios con llamar nuestra línea directa de asistencia legal por desastre al 1-844-244-7871 o por nuestra aplicación electrónica.

Estos pasos pueden ayudarlo a evitar el fraude de contratistas, ser estafado o recibir malas reparaciones en su hogar o propiedad:

  1. Verifique a cualquier persona o negocio que este considerando en contratar para reparar su hogar o propiedad:
    • Obtenga el nombre completo y dirección comercial de la persona o el negocio y pida ver la licencia de Luisiana de la persona o empresa.
    • Compruebe que el negocio se encuentre en la dirección que se le proporciono.
    • Verifique si el contratista tiene licencia o está registrado para realizar trabajos de reparación en Luisiana. Usted puede bajar la aplicación móvil gratuita llamada "La. Contractor" o usar la función de búsqueda de contratistas de la Junta de Licencias del Estado de Luisiana para Contratistas en https://lslbc.louisiana.gov. También usted puede llamar al número telefónico: (800) 256-1392.Tenga en cuenta que el sitio de web solo esta disponible en inglés.
    • El “Better Business Bureau” tiene revisiones sobre contratistas y negocios de viviendas: https://www.bbb.org/local-bbb/bbb-of-greater-new-orleans-area , https://www.bbb.org/us/la/baton-rouge , https://www.bbb.org/us/la/houma , https://www.bbb.org/us/la/hammond. Tenga en cuento de que estos sitios solo están disponibles en inglés. El programa de Google puede traducir la información en español para usted si es necesario, pero no se garantiza que toda la información este traducido exactamente.
    • Verifique cuánto tiempo ha estado el contratista en el negocio bajo el nombre que se le proporciono (los contratistas pueden cambiar el nombre de so negocio para evitar problemas)
    • Busque en el sitio web del secretario de Estado de Luisiana (“Louisiana Secretary of State” en inglés) para verificar si la empresa está al día con el estado. Visite el sitio de web: https://coraweb.sos.la.gov/CommercialSearch/CommercialSearch.aspx . Usted también puede llamar al número telefónico: (800) 256-1392. Tenga en cuenta que el sitio de web solo esta disponible en inglés.
    • Pida al menos 3 referencias de los trabajos anteriores del Contratista. Consulte con las revisiones del negocio que están disponibles por internet y en las redes sociales. Hable con los clientes anteriores del contratista, inspeccionando los trabajos realizados y pregunte por la opinión de los clientes anteriores sobre el contratista.
    • Obtenga una copia del seguro de responsabilidad civil de su contratista y llame a la compañía de seguros para verificar que la cobertura es válida.
    • Obtenga una copia de la información de compensación de trabajadores de su contratista.
  1. Obtenga al menos 3 estimaciones escritas, detalladas y firmadas. No acepte estimaciones por teléfono y tenga cuidado con las estimaciones que son muy bajas. Podrían establecer una táctica de "cebo y cambio". Asegúrese de que cada contratista haga una oferta por el mismo trabajo.
    • Cualquier estimación debe tener fechas de inicio y finalización para el trabajo.
    • Todos los trabajos enumerados deben ser detallados con los costos exactos de cada proyecto y una suma total de todo el trabajo que se va a realizar.
    • Todo lo que usted desea que se haga debe ser enumerado, o no se puede hacer nada si no está enumerado. Por ejemplo, el contratista no tiene que volver a colocar la moldura de la corona a menos que el contrato lo diga. O si usted espera instalar un cierto tipo de piso o baldosa, debe escribirse en el documento.
  1. Tenga cuidado con los contratistas que se comunican con usted primero para buscar nuevo trabajo. Resista las ventas de alta presión.  Tómese su tiempo para tomar una decisión y evalúe todas las estimaciones.
  2. Es posible que le preocupe la escasez de contratistas después del huracán. Pero debido a la escasez, muchos reparadores ofrecen servicios a pesar de que normalmente no podrían obtener un trabajo de contratación de este tamaño. Algunos solo están para robar el dinero de la gente. Otros pueden ser bien intencionados, pero carecen de la experiencia para lidiar con las reparaciones de huracanes, el trabajo puede pasar por encima de sus cabezas o ellos pueden prometer servicios a demasiadas personas.
  3. Una vez que usted está de acuerdo con un contratista, firme un contrato por escrito que incluye las firmas de usted y el contratista. Asegúrese de que especifique claramente el precio del trabajo, el trabajo exacto que se va a realizar, si el contrato cubre materiales y mano de obra, quién realizará el trabajo, la cantidad de cobertura de seguro de responsabilidad civil mantenida por el contratista y un marco de tiempo para que se complete el trabajo. Guarde una copia del contrato que este firmado y clara en un lugar seguro.
    • Es difícil hacer cumplir un plazo de tiempo en el contrato, a menos que especifique sanciones por trabajo tardío, que la mayoría de los contratistas no aceptarán. Si cuenta con las reparaciones en una fecha determinada, ponga la fecha en el contrato y el motivo de la fecha. Por ejemplo, que la fecha es porque usted tiene que pagar el alquiler en otro lugar hasta que pueda regresar a su hogar.
    • Si el contratista obtendrá permisos con la ciudad que sean necesarios, el contrato también debe incluir esta información.
  1. No debe pagar por un trabajo por adelantado. Tenga cuidado con cualquier contratista que exija el pago total o medio por adelantado. Un contratista de buena reputación no requerirá un pago inicial superior al 10 al 25 por ciento del total. Insista en que los pagos se hagan a la empresa, no a un individuo. Obtenga recibos en los documentos de la empresa de todos los pagos.
  2. Una opción de pago es pagar con tarjeta de crédito. Esto puede proporcionarle protección adicional si hay un problema. Tenga en cuento, que usted debe poder cubrir esos pagos con otros fondos para evitar acumular la deuda de su tarjeta de crédito y los cargos por intereses.
  3. NUNCA pague en efectivo.
  4. Conozca sus derechos y responsabilidades. Consulte con sus propietarios de vivienda y/o su agente de seguros contra inundaciones para asegurarse de que su seguro cubra caídas o lesiones para contratistas.
  5. Consulte con los funcionarios de su ciudad para ver qué permisos necesitan los contratistas para trabajar en su propiedad y verifique que sus permisos se hayan presentado y publicado correctamente en su propiedad ANTES del inicio del trabajo.
  6. Tome fotografías de los daños en el hogar antes de que comiencen los trabajos de reparación y a medida que avanzan. Tome fotografías de sus contratistas, sus empleados y las matrículas de sus vehículos. Guarde las fotos en un lugar seguro.
  7. Mantenga notas detalladas de las conversaciones sobre cambios en el trabajo, sobrecostos, etc. Guarde copias de todos los correos electrónicos.

Para otro buen recurso sobre estos temas, visite la página de web: https://www.consumidor.ftc.gov/ (Ester recurso está disponible en inglés).

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

Take steps to protect yourself when you hire someone to repair your home. Avoid fraud, scams, sloppy repairs or repairs paid for and not done.

Get important information before you hire anyone.

Make sure the information you get is true. To start off, get information about every contractor, repair company, or repair person.

Full business name.

Full business address.

Business phone number.

Business email.

Make sure the company or person is really at the address given to you.

Find out if the company is a licensed Louisiana contractor.

Ask for the company’s Louisiana Contractor License information. Make sure the information is true.

You can find out if a company is a Louisiana licensed repair contractor. The free mobile app called "La. Contractor” can help. You can use the website for the Louisiana State Licensing Board for Contractors. https://lslbc.louisiana.govThe site’s contractor search tool can help. You can call The Louisiana State Licensing Board for Contractors: (800) 256-1392.

Get the company’s insurance information.

Get a copy of the company’s proof of liability insurance.

Call the insurance company to make sure the company really has insurance.

Get a copy of the company’s workers compensation insurance information.

Get company business information from the Louisiana Secretary of State. The website of the Louisiana Secretary of State can tell you if the business is in good standing with the state, and other business information. You can call the Louisiana Secretary of State at (800) 256-1392 or look up the business information on their website: https://coraweb.sos.la.gov/CommercialSearch/CommercialSearch.aspx

Find out how long the repair company or person has been in business under its current name. Sometimes contractors switch names or use new names to run away from problems.

Get references.

Get references from people who used the same company for repairs.

Get at least 3 references for the repair company or repair person’s work.

Talk with the company’s other customers.

Look at the work the company did for those customers.

Find out what people thought of the repair work and the repair company.

See reviews and other information. You can look at the site of The Better Business Bureau. That site has reviews on home contractors.

https://www.bbb.org/local-bbb/bbb-of-greater-new-orleans-area

https://www.bbb.org/baton-rouge

https://www.bbb.org/us/la/houma

https://www.bbb.org/us/la/hammond

Get written estimates.

Get at least three detailed estimates in writing. The estimates should be dated and signed by someone with power to do so from the company.

Don’t take estimates over the phone.

Warning: watch out for very low estimates.

A very low estimate may be a scam. The company may try to do something called “bait-and-switch.” The company may try to push up the price after you agree to the repairs.

Make sure each estimate you get covers the same repair work

All estimates should have start date and an end date for the repairs.

All repair work should be listed with the cost for each task and the total price for all the repair work to be done.

Make sure every repair you want is listed on the estimate.

If a repair is not listed on the estimate you may not be able to make the contractor do that repair for the price given to you. Example: the contractor does not have to put crown molding back in unless the contract says it.

Example: if you expect a certain kind of flooring or tile, the kind of flooring or tile must be listed in writing in the document.

Warning! Be wary of contractors reaching out to you to try to get work. Resist high-pressure sales.

Take your time.

Review all estimates before you make your decision.

You may be worried that it will be hard to find a contractor after the hurricane.

You must still be careful when hiring a company or person for repairs.

Warning! Some repair people or companies try to do bigger jobs than they usually do because the hurricane created so much repair work.

Some smaller or less experienced repair companies and repair people are trying to get big repair jobs. Some repair companies could not normally get large contracting jobs.

Some companies and people are just out to steal other people’s money.

Other repair companies and repair people may be well-meaning, but they do not have the experience to do hurricane repairs. These companies may get in over their heads. They may promise to work for too many people.

Get a contract in writing.

You and the contractor should sign and date the contract.

Make sure the contract clearly states the price.

Make sure the contractor clearly says exactly what work is to be done.

Make sure the contract clearly says whether the contract covers materials as well as labor.

Make sure the contract says who will do the work.

Make sure the contract says the amount of liability insurance coverage the contractor has.

Make sure the contract gives a time frame for the work, or says when the work will start and when the work will be finished. (See the note about deadlines below.)

Keep a signed, clear copy of the contract in a safe place.

Know about deadlines.

It is hard to make a contractor meet a time deadline in the contract, unless the contract includes penalties for late work. Most contractors will not agree to put penalties for missing deadlines in a contract.

If you are counting on repairs being finished by a certain date, put that date in the contract and the reason for that date.

Example: you need the repairs to be complete by the date because you must pay rent somewhere else until you can move back.

The contract must say who is responsible for getting required permits to do the work. If the contractor will be getting the required city permits, the contract needs to say that.

Be careful when paying.

Do not pay for the job in advance.

Never pay for most of the job or the whole job ahead of time.

Be wary of any contractor who wants full payment or half payment in advance or before starting. A reputable contractor will not require a down payment over 10 to 25 percent of the total price.

Insist that payments be made to the company, not to an individual.

Get official receipts on company documents for every payment you make.

One payment option is to pay by credit card. Paying by credit card may give you with added protection if there’s a problem.

If you use a credit card, make sure you can pay your credit card bill. Avoid running up your credit card bill. There is interest on credit card bills. That makes the payments bigger.

Never pay with cash.

Know your rights and responsibilities.

Make sure you know if your homeowner’s insurance policy or your flood insurance policy that will pay for the repairs covers falls or injuries to contractors.

Check with your city officials to see what permits contractors will need to work on your property. Make sure your permits are filed. Make sure your permits are posted correctly on your property before work starts on your home.

Take pictures of home damage before repair work starts.

Take pictures during repairs.

Take pictures of your contractors. Take pictures of the contractors workers. Get pictures of the contractor and worker vehicle license plates.

Save the photos in a secure location.

Keep detailed notes of all conversations about work changes, cost overruns, and so on. Keep copies of all emails.

If you believe that you have been defrauded:

Keep all receipts, contracts, estimates, work orders, and so on for the work in question.

Take photos of how the contractor left the work. Keep any photos from before they started work.

File a police report and keep a copy of it.

File a complaint with the Louisiana State Licensing Board for Contractors at https://lslbc.louisiana.govor call (800) 256-1392.

For another great resource on these issues please visit: https://www.consumer.ftc.gov/articles/0242-hiring-contractor

If you missed our recent webinar with the Ascension Parish Public Library on "Consumer Rights & Bankruptcy," with SLLS Staff Attorney Jason Stinnett, you can view it below.

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

What if information against me on my report is true?

If there is true information on your report that is bad for you, credit bureaus can usually only report for 7 years.  They can report bankruptcy information for 10 years.

What if information on my report is not true?

If something is not true is on your credit report, you should contact the credit bureau(s) that list the mistake(s) and the business(es) it is listed for.  The page here tells how to do it. Here's how.  Contacting them to say that the report is wrong is called a “dispute”.

After you contact them to say it is wrong, credit bureau(s) must check what you question within 30 days, unless they decide that your dispute is frivolous.  If they find it frivolous, they must give you a reason.  Sometimes this may be that you need to give them more evidence.  The credit bureau(s) will forward your evidence to the business(es) that gave the information.  The business(es) then must check and report back to the credit bureau(s).

If the credit bureau agrees with you after these steps your dispute is called “resolved”.  If this happens, the credit bureau must tell you in writing and give you a free credit report.  This does not count as your free annual report.

You can also ask that the credit bureau send notices of the correction(s) to anyone who got your report in the past six months and to anyone who got a copy for job purposes during the past two years.  If you ask, the credit bureau must send the updated reports.

If the credit bureau does not agree with you after it checks, you can ask that your credit reports say that you disagree with the information.  (This is called a “statement of dispute”).  Also, you can ask that the credit bureau give your statement to anyone who got a copy of your report recently, but you can be charged a fee for this.

What to Do if a Company Takes Action Against You because of Your Credit Report

You can ask within 60 days of when someone denies you credit, a rental, insurance, a jog, or hurts you in some other way because of your credit report and can get another free credit report.  The company must send you a notice that includes the name, address, and phone number of the credit bureau that they used  You request the free credit report from that credit bureau.

You are also entitled to another free report each year if:

  • you’re unemployed and plan to look for a job within 60 days
  • you’re on welfare
  • your report is inaccurate because of fraud, including identity theft

Repairing Your Credit

You may be thinking about hiring a company to help investigate mistakes on your credit report and to “repair” your credit.  But anything a credit repair company can legally do, you can do for yourself at little or no cost.  If you hire a credit repair company, it is important to know your rights.

It is illegal for credit repair company to charge you before they help you.  It is illegal for credit repair companies to lie about what they can do for you.  Credit repair companies also must explain:

  • your legal rights in a written contract that also details what they will do for you;
  • that you have a right to cancel for three (3) days without any charge, and give you a written cancellation form;
  • how long it will take to get results
  • the total cost you’ll pay
  • any guarantees

If you choose not to hire a credit repair company, you can rebuild your credit by:

  • paying your bills by the due date;
  • paying off outstanding debt;
  • not taking on new debt.

 

If you are in debt and need help, you might get help from a reputable credit counseling organization.  For a list of approved credit counseling agencies, click here.

Credit Repair Scams

You are dealing with a credit repair scam if a company:

  • insists you pay it before it helps you
  • tells you not to contact the credit bureaus directly
  • tells you to dispute information in your credit report you know is accurate
  • tells you to lie on your applications for credit or a loan
  • doesn’t explain your legal rights when it tells you what it can do for you

If a company promises to create a new credit identity or hide your bad credit history or bankruptcy, it’s a scam. These companies often use stolen Social Security numbers or get people to apply for Employer Identifications Numbers from the IRS under false pretenses to create new credit reports. If you use a number other than your own to apply for credit, you won’t get it, and you could face fines or prison.

If you have a problem with a credit repair company, report it to:

  • your state attorney general or local consumer affairs office. Many states have their own laws covering credit repair companies.
  • the FTC at ftc.gov/complaint or 1-877-FTC-HELP. The FTC can’t resolve individual credit disputes, but it can take action against a company for breaking the law.

Dispute Process With a Credit Bureau

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

What is a Closed School Loan Discharge?

It might be possible to cancel (“discharge”) your federal student loan if your school closed before you were able to complete your program.

How do I know if I’m eligible for this?

You had to be:

  • enrolled when your school closed OR
  • on an approved leave of absence when your school closed OR
  • your school closed shortly after you withdrew from the school:

- within 120 days (for loans received before July 1, 2020) OR

- 180 days (for loans received after July 1, 2020)

How do I find out if my school closed?

Look here for a list of schools that are closed and are under this program:  https://studentaid.gov/announcements-events/closed-school

How do I apply?

You can find a copy of the application here. The completed application must be sent where you send payments (“the servicer”).  You can log in to My Federal Student Aid or call 1-800-4-FED-AID (1-800-433-3243) to find out who that is.

 I’ve submitted my application, now what?

Continue to make pay on your loan while your discharge application is being decided. If you do not get the loan discharge, the place you make payments will tell you and there will be no change in the payments you owe.  If you believe your application was denied in error, contact your loan service provider for more information.

For more information regarding the application process visit studentaid.gov.

What if my application was denied?

If your application was denied, you can first ask the Department to review the denial.  You can also appeal to federal court if denied.

What about course credits I earned?

If you like to continue your education at another school, you may be able to transfer your earned credits. The school you transfer to can decide what credits to accept and tell you what else you will need to graduate.  But, please look into any other school first before transferring.

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

What is an Income Driven Repayment Plan (IDR)?

Student loan borrowers may be eligible for reduced monthly payments if:

  • they need to make lower payments OR
  • their federal student loans take a significant portion of their income.

This reduction in the payments is called an Income-driven repayment plan or “IDR”.

Who can apply for reduced monthly payments?

You can apply if you have never applied before or if you are already on an IDR.

What different repayment options are there?

Note:  For the first three plans, discretionary income is the difference between your annual income and 150 percent of the poverty guideline for your family size and for the state that you live in.   More info for your state’s poverty guideline can be found at: https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines

For the ICR plan, discretionary income is the difference between your annual income and 100 percent of the poverty guideline for your family size and state of residence.

  • Revised Pay As You Earn Repayment Plan (REPAYE)
    • This plan generally adjusts monthly payments to 10% of your discretionary income. The payment is based on Adjusted gross income, family size, and total eligible federal student loan balance. This plan only applies to Direct Loans only.
  • Pay as You Earn Repayment Plan (PAYE)
    • This plan is similar to the REPAYE plan and only applies to Direct Loans. But, this plan only applies if you took your first loan on or after October 1, 2007.
  • Income-Based Repayment Plan (IBR)
    • This plan adjusts monthly payments generally to 15% of your discretionary income. This plan is for both the FFEL Program and Direct Loans.  Parent PLUS loan are not eligible
  • Income-Contingent Repayment Plan (ICR)
    • This plan adjusts payments to which of the below is the lower amount:
    • 20% of your discretionary income OR
    • A plan with fixed monthly amount over 12 years which is based on your income

This is the only plan that can be sued for parent PLUS loan borrowers.

For all these plans, you can figure out which could be the best for you with this loan simulator found at:  https://studentaid.gov/loan-simulator/

How do I apply?

The form only takes 10 minutes and must be completed all at once.  Only one application needs to be filled out. Applying is free.  Any company calling to charge you to apply is not part of the U.S. Department of Education (ED) or ED’s Federal Loan Servicers.

To apply, login to your Federal Student Aid (FSA) account and fill out an application here.   If you are already getting this help, login to your FSA account to recertify their income, recalculate their monthly payment due to a change in income or family size, and/or to switch their current plan.

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

If you took out student loans based on untrue statements from your school, you may be able to get the loans canceled. (This is called “borrower defense to repayment.”)

This help is only for federal student loans. The loans must have been taken out to pay a school that violated specific laws or did certain other things that were wrong. Sometimes people can even get a refund of past loan payments.

Recently the U.S. Department of Education canceled 1,800 student loans for this reason.

 

What kind of things might cancel a student loan?

The most common reasons for this loan relief are lies by the school, or its representatives, when  they recruited you to enroll or to continue in the school. The school must have broken state laws specific to federal student loans.

Other problems with the school’s programs, classes, housing, or facilities is not enough for this loan relief. (There might be other relief if the school closed while you were there or shortly after you stopped going.)

 

How do I apply for this help?

To file for this “borrower defense to repayment,” fill out a form online with your Federal Student Aid (FSA) login. The form takes about 30 mins to fill out..

You’ll need documents that show why you qualify and any financial harm the school caused you. This could include transcripts, enrollment agreements, advertisements about the school, or communications with school employees. But other documents proving the misconduct may work, too.

If your school has closed, get copies of your academic and financial aid records. You might need these to try to get your loans cancelled. You may also need these if you want to go to another school.

 

I sent in my application. What happens next?

The U.S. Department of Education will send you an email about whether it will cancel your loan.  You can appeal if the government refuses to cancel your loan. This is called asking for “reconsideration.” You can do this by email, regular mail, or by using your FSA login. To find out more about how to appeal a decision and applying for loan cancellation go to: studentaid.gov.

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

Understanding Your Credit Report

A recent study found that more than 1 in 3 people who checked their credit reports found errors.  Your credit report is crucial when seeking to buy or rent a home, purchase or lease a car, buy insurance, or even get a job.  Your credit report shows lenders how reliable you might be; and, if there are mistakes, you could miss out on things that are rightfully yours.

Reviewing Your Credit Report

There are 3 national credit reporting agencies: Equifax, Experian, and Transunion.  You have the right to get free copies of your credit report from each of these three bureaus once every 12 months, except:

  • At least until April 2022, during the pandemic, you can get a free credit report each week from all three national credit bureaus (Equifax, Experian, and TransUnion) at AnnualCreditReport.com.
  • Until the end of 2026 you. can get another six free Equifax credit reports per by visiting the Equifax website or by calling 1-866-349-5191.
  • You can get a report when you have been recently hurt by your credit report. (See below.)

When the annual limits are in effect, if you want to keep a close eye on the accuracy and completeness of your reports, you can stagger the requests among the 3 agencies throughout the year.  To get these free reports, simply visit AnnualCreditReport.com or call 1-877-322-8228.  Once you receive your credit report, review all personal information, accounts, and inquiries to see if they are accurate.  It is vital that you regularly review your credit report to spot errors, fraud, or identity theft should they occur.

What to Do if a Company Takes Action Against You because of Your Credit Report

Because of what it sees on a credit report about you, a company may

  • deny you credit,
  • deny you services like housing or insurance, or
  • deny you a job
  • or take other “adverse action” against you t

If it does, you can get a free credit report if you ask for it within 60 days of getting notice of the company’s action. The company must send you a notice that includes the name, address, and phone number of the credit bureau that provided your report. This copy does not count against the “once in 12 months” limit.

You are also entitled to another free report each year if:

  • you’re unemployed and plan to look for a job within 60 days
  • you’re on welfare
  • your report is inaccurate because of fraud, including identity theft.
The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

Pyramid and Ponzi Schemes versus Multilevel Marketing (MLMs)

MLMs and Ponzi/pyramid schemes often seem similar, however there are minor differences that distinguish them.

What is a Pyramid Scheme?

Pyramid schemes usually promise large profits primarily mainly from recruiting others to join the “program”.  Profits are not based on any real investment or sale of goods.  Recruits are often encouraged to buy more products to sell than they could ever sell.  They may be few actual sales.

A Ponzi scheme is very similar to a pyramid scheme, however in a Ponzi scheme there is no product. Ponzi schemes are often called “Peter-Paul” scams because there is no real investment opportunity.  The promoter uses money from new recruits to pay the benefits promised to earlier recruits.  Promoters in Ponzi schemes will often use high-pressure sales tactics to get you to join. They may emphasize that you will lose the opportunity if you don’t act quickly.

What is MLM?

In Multi Level Marketing (MLM), companies sell their products or services through person-to-person sales. Sellers also bring in new sellers.  When a new seller sells something, those higher up the chain gets a cut.

What’s the difference?

A MLM will not require you to recruit others to be paid.

How can I figure out if a company is a Ponzi scheme?

Researching the company, researching what others are saying, considering the products the company offers, understanding the costs of joining, asking about refunds, and reading the paperwork can all help avoid schemes.

If I was victim to a Pyramid or Ponzi Scheme, what should I do?

If you have information of a possible Ponzi or pyramid scheme, or if you have fallen victim to either of the schemes, you can file a tip to the SEC here. You can also leave a tip by phone with the FBI at 1-800-225-5324.

The IRS offers some relief to victims of these schemes through special tax rules. Investors in Ponzi schemes are entitled to deduct their losses as a theft loss, an itemized deduction, during the year the fraud is discovered.

You should also contact your local police department and file a complaint.

For more information visit the Consumer Information page on the FTC website.

 

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

What help is being offered during the COVID-19 Pandemic?

The U.S. Department of Education (ED) has extended student loan help through at least January, 2022. Depending on your loan you may be eligible for:

  • a suspension of loan payments
  • a 0% interest rate or
  • stopped collections on defaulted loans.

This help only applies to ED loans.  To see if your loan is an ED loan, go to https://studentaid.gov/help-center/answers/article/is-my-loan-federal-or-private

Monthly Payment Suspension

ED owned student loans are on a temporary payment suspension as of March 13, 2020.  This means you don’t have to make monthly payments now.  If you made a payment since March 13, 2020, you can request a refund from where you pay.

Bad credit should not be reported during the suspension period even if you choose to try and make payments.

Temporary 0% Interest Rate on Loans Owned by ED

All federal student loans owned by the U.S. Department of Education automatically had their interest rates lowered to 0% from March 13, 2020 until the COVID emergency relief period ends.

Private student loans, Federal Family Education Loans (FFEL) loans that are owned by commercial lenders, and Federal Perkins Loans that are owned by schools are not eligible for the reduced interest rate. But you can consolidate these loans into a Direct Consolidation Loan, which is eligible for the 0% interest rate. If considering this, consider whether this is the best option long-term once the relief period and the 0% interest rate.

Income-Driven Repayment (IDR) Recertification

If your loan payments were reduced because of your low income, you do not have to recertify your income during the COVID-19 emergency relief period. If you keep your current address, you will be notified when it is time to recertify. Make sure to keep your contact information updated where you pay your loan.

Coronavirus-Related Scams

Some people are trying to rip students off.  There is no coronavirus-related loan forgiveness for federal student loans.  There is no fee for the payment suspensions or 0% interest rate period from loan servicers or the federal government. If anyone contacts you asking for money to perform any of these services, it is a scam.

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

Current as of August 20, 2021

If you have been found totally or permanently disabled you may not have to repay federal student loans. This is called a Total and Permanent Disability or “TPD” Discharge.

The loans it can cover are a Direct Loan, Family Federal Education Loan (FFEL), Perkins Loan, or a complete TEACH Grant service obligation.

In August, 2021, the federal government used this to forgive loans of about 325,000 borrowers.

How Do I Know If I’m Totally and Permanently Disabled?

There are 3 ways to be found totally and permanently disabled for this:

1. Veterans Affairs (VA) Determination

Documentation from the VA showing that you have service-connected disability that is 100% disabling or that you are totally disabled based on an individual unemployability rating

2. Social Security Administration (SSA) Decision

A notice from Social Security must say your next disability review will be 5 – 7 years from the last SSA disability decision. If you do not have an SSA Notice of Award that says when your next review will be, you can call your local SSA office or 1-800-772-1213 and request the “Benefits Planning Query form 2459,” to see if it sets your review 5-7 years from the last decision.

3. Physician Certification

Your doctor may certify that you are unable to engage in any substantial gainful activity because of a medically determinable physical or mental impairment that is expected to result in death or has lasted or will last for 60 months in a row.

By the end of this 2021, new rules should automatically grant this help if your Veterans Affairs or the Social Security decision qualifies.

How do I apply?

If you have either the with either a VA or SSA disability finding, you don’t have to apply under current rules.  You should receive a notice of your approved discharge starting in September 2021.  By the end of the year, the discharge should be completed.

If you do not have the right type of VA or SSA decision, you can apply by:

  • downloading a copy of the application here,
  • partially filling out the application online here, or
  • request a printed application by phone at 303.7818 or by email at DisabilityInformation@Nelnet.net .

You can pick someone to help you in applying.  They must out a Representative Designation Form before helping in the application process.

The complete application and supporting documents can be sent by email to DisabilityInformation@Nelnet.net, by fax to (303)696-5250 or by mail to:

U.S. Department of Education
P.O. Box 87130
Lincoln, NE 68501-7130

Once your application is received, your federal loan holders will be told to suspend collection on your loans while your application is being decided.

Do I Have to Fill Out Paperwork Each Year On My Income After The Discharge Is Granted?

No.  This used to be a requirement. For now the requirement is temporarily stopped. The government plans to permanently stop it by the end of 2021.

Taxes?:

These TPD loan discharges are not considered income for federal taxes or Louisiana state taxes.   For more information visit the Nelnet website.

Updated October 13, 2022

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Covid Legal Hotline at 1-844-244-7871 or applying online here.

What is a tax sale?

If you own your home or other property, you can lose it if you don’t pay your property taxes. If you do not pay, the government can sell your property for the amount of taxes owed plus some other fees. This is called a “tax sale.”

There are complicated rules about how a tax sale affects the homeowner. There are things a homeowner can do to avoid a sale. There are also things a homeowner can do after a tax sale to get back full legal rights and to undo the problems created by the tax sale.

Why is the tax sale happening on the property?

The government can hold a tax sale on a property if there are unpaid taxes.

The government can also hold a sale if it has another kind of “lien” on the property. A lien is a debt charged against the property.

A “lien” can happen, for example, if the government cuts the grass when the owner doesn’t take care of his or her home or because of other fines for not taking care of the property.

What happens at the tax sale?

The government puts the property up for auction. The asking price is the amount of the unpaid taxes, plus some fees and interest owed.

The government should give the homeowner notice of the tax sale ahead of time. There are rules about how much advance notice the homeowner should get.

The government will advertise the sale to the public.

This ad will appear in what is called the “official journal” for that parish. This might be the local newspaper.

The tax sales are also advertised on https://www.civicsource.com.

Once the tax sale starts, people can offer bids for all or even a part of the unpaid tax bill. If they offer to pay only part of the tax bill, the bidder could get only part of the property.   Usually someone pays the whole bill to get a claim to your whole property.

If no one pays to buy the property, the government gets rights to the property. When the government gets rights the property is called “adjudicated.”

How can a homeowner stop a tax sale on their property?

Sometimes someone who owes property taxes can stop the tax sale.

There are three things a homeowner can do to stop a tax sale.

  • If the homeowner is on active duty with the United States military, he or she must notify the tax collector of this fact to try to stop the sale. The federal law at 50 U.S.C. § 561 has more information about when being in the military can prevent a tax sale.
  • The homeowner can stop the sale by paying the taxes and other fees owed, and the homeowner must do this before the opening day of the tax sale.
  • The homeowner can stop the sale by filing for bankruptcy: the court will order a stop to the tax  sale.

Does the original homeowner still own the house after a  tax sale?

Yes, the ownership of the house does not change with the tax sale alone.

The person who bought the property must “record” the sale at the mortgage office. The property owner who owed taxes still owns the property for 3 years after the sale is recorded. (If Orleans Parish ended up with the property after the tax sale, and the property is blighted or abandoned the time can be 18 months.)

The property owner owing taxes can keep the property by paying the the government the original taxes and fees, plus any other taxes the tax buyer paid after the tax sale, plus 6% in fees and penalties. The property owner who owed the taxes and makes all of these payments gets  a “Certificate of Redemption” restoring  full rights to the property.

Unless the property owner is dead and there has been no succession, the government is required to send a notice 90 days before the end of the three-year period. The notice should say how much is owed and how to “redeem” the property. You can get copies of all notices sent by the tax collector from the parish assessor’s office.

If you redeem the property you get all your rights back. If you do not, the tax sale buyer can then get all the rights to the property, force you to move, and so on.

During those three years the buyer at the tax sale should get the property tax bills.

If more property taxes go unpaid, the property can go up for auction at a new tax sale.

Can the homeowner be evicted from his house after a tax sale?

Not right away. The original homeowner still owns the home, not the  not the tax sale buyer.

Except for blighted properties, the original homeowner should be safe from eviction for the first three years after the tax sale.

Can a family member or other third party undo the tax sale by paying what is owed?

Yes. Anyone can pay the taxes, penalties, interest and other fees owed to undo the tax sale. The redemption will be for the property owner, regardless of who paid the money.

What happens if the homeowner fails to redeem the tax sale in time?

The original homeowner only gets a certain amount of time to pay to undo the tax sale by redeeming the property.

If the homeowner does not pay by the deadline to undo the tax sale, the homeowner can lose the property.

The buyer at the tax sale can get full ownership of the property by going to court. This is called a suit to “quiet title.”

The court suit to quiet title can end all rights of everybody but the tax sale buyer .

If the tax sale buyer files court papers to quiet title, he or she must use the correct legal way to deliver copies of the court papers to the homeowner and anyone else with an interest in the property. To see if an error was made that can be challenged, the homeowner should contact an attorney as soon as possible. The time allowed for a challenge depends on the type of error.

But if no one opens the door to accept the court papers, the buyer can get court permission to serve the papers on a special attorney, and you can lose your property without knowing about it.

Can the homeowner still redeem the tax sale property after getting sued in a Quiet Title lawsuit?

Maybe or maybe not.  The court case can make it very hard or impossible for the homeowner to keep the property. The homeowner can try to make a deal with the tax sale buyer. The tax sale buyer can ask any price for the property, which can be bad for the homeowner. They can demand much more money than a timely redemption would have cost.

What if only a part of the property was purchased at the tax?

The tax sale is still a valid sale but the tax sale buyer can only get part interest in the home or property.  If the property is not redeemed, the property can be sold at public auction and part of the proceeds will be paid to the tax sale buyer.  The homeowner would receive any remaining funds. But the property owner loses the house or property because it gets sold at auction.

What if no one buys the property at the tax sale?

Then the government that was owed taxes gets rights to the property. The homeowner has a right to reclaim it by catching up with taxes and fees like those described above. But the time lines and options depend on how the city or parish wants to deal with the property. There are laws that the government may fail to follow. But the rules are more complex than if the property was purchased. Unless the property owner is dead and there has been no succession, the government is required to send a notice about how to redeem the property.

For more information on this process, see the following laws:

Tax Sales (La. R.S. 47:2121 et. Seq.) - http://legis.la.gov/Legis/law.aspx?d=631505

Tax Sale Certificate (La. R.S. 47:2155) – http://legis.la.gov/Legis/Law.aspx?d=631551

Adjudication Property Sales (La. R.S. 47:2196) - http://legis.la.gov/Legis/Law.aspx?p=y&d=631575

Tax Sale Auction and Notices (La. R.S. 47:2153) - http://legis.la.gov/Legis/Law.aspx?p=y&d=631545

Post Sale Notices (La. R.S. 47:2156 - http://legis.la.gov/Legis/Law.aspx?d=631552

Redemption of Tax Sale (La. R.S. 47:2241 et. Seq.) - http://legis.la.gov/Legis/Law.aspx?p=y&d=631596

Redemption Certificate (La. R.S. 47:2245) - https://legis.la.gov/Legis/Law.aspx?d=631613

Post Redemption Period Notice (La. R.S. 47:2157) - http://legis.la.gov/Legis/Law.aspx?d=631556

Quiet Title Process (La. R.S. 47:2266) - https://legis.la.gov/Legis/Law.aspx?d=631617

Quiet Title Notice (La. R.S. 47:2275) - https://legis.la.gov/Legis/Law.aspx?d=631622

Procedure to Annul Tax Sale (La. R.S. 47:2286 et. Seq.) - https://legis.la.gov/Legis/Law.aspx?d=631628

Nullity grounds (La. R.S. 47:2286 et.  seq.) - https://legis.la.gov/Legis/Law.aspx?p=y&d=631628