All too often, clients come into our office, review their credit report, and are shocked to see what is listed.  Sometimes this is because there are old items that have been forgotten, but another culprit is identity theft.    

As the web has evolved, so have criminals and their tactics. With websites that look similar to name brand sites, con artists can pluck information as consumers enter what they believe is a legitimate site.  Once someone has stolen your identity and injured your credit score, it can be challenging to repair the damage. 

“Everything is done online these days,” says Identity Theft Resource Center Social Media Coordinator Nicki Junker. “Most of the time the victims of cyber-savvy criminals won’t be able to trace where the identity theft — a crime that has seen double-digit increases in the last five years — happened.”

Identity theft often goes unnoticed until it’s too late and the damage has already been done. In 2010, around 8.6 million households had at least one person who was a victim of identity theft, up from 6.4 million households in 2005, according to a recent study by the U.S. Bureau of Justice Statistics. Identity theft cost U.S. households about $13.3 billion in 2010, with the average loss being about $2,200.

Consumers can, however, take precautions to safeguard themselves and their identities while shopping online. Junker offers five ways to protect yourself online:

1. Confirm the site is legit: Before giving any personal information, check the URL to make sure that you’re still on the same site where you plan to make your purchases and that you haven’t been moved over to a fake one. Junker said sometimes consumers are switched over to a “cyber squatter’s” site that looks similar to a retailer’s site. It’s easy to be tricked into giving up credit card and other personal information.

2. Shop securely: When you start to check out and get ready to pay for your purchases, the URL should start with “https,” which means the site is secure. A secure site uses security technology to encrypt the information you send to the site, meaning computer hackers are stopped from collecting the data as it crosses the Web. You can also look for a closed yellow padlock at the bottom of the screen. If you see an open lock, you can assume that the site is not secure.

3. Use credit cards: Federal credit laws limit the amount a con artist can take on a credit card. Debit cards don’t have the same protections. “If they have a debit card, they can clear you out,” Junker explains. “You’re much better protected using a credit card than a debit card.”

4. Google the retailer: Before buying from a website, type in the retailer’s name and the word “scam” or “complaint” into a search engine. It’s a way to check out a retailer to see if the business is legit or not.

5. Explore the site: Can you find where the company’s office is located? Does the site clearly state a refund policy? Does it promise too much? “If it sounds too good to be true, it isn’t,” Junker warns. Take your time and make sure nothing seems out of whack or iffy.

Shopping online is a convenient way to avoid store crowds and traffic. By following these web-savvy tips, your shopping experience can be safe and convenient.  If you are living in Milwaukee-Waukesha-Racine area, the attorneys at Miller and Miller can help you to repair and rebuild your credit if you think there are errors. Call us at 414-277-7742 today!

2. In fact, don’t even use your credit cards!

3. Don’t take our any pay day loans.

4. Don’t Cash out your 401(k) or any other retirement plan you might have.

5. Don’t pay back any friends or family members to whom you might own money.

6. Don’t transfer your money into someone else’s bank account.

7. Don’t go gambling!

8. Don’t do a balance transfer.

9. Don’t try to transfer any property out of your name.

10. Don’t be afraid to ask your attorney questions!

Imprisonment for debt. SECTION 16. No person shall be

imprisoned for debt arising out of or founded on a contract,expressed or implied.

This section only prohibits imprisonment for debt arising out of or founded upon

a contract. (This does not include support obligations)

If you are being threatened by a Creditor that they will throw you in jail for your
debt they are making empty threats!

Just be lucky that you do not live in Arkansas, Arizona, Florida, Indiana, and Illinois
and Minnesota as they are among the states where debtors have been locked up
according to The Wall Street Journal.

If you are being hassled, threatened or receiving numberous phone calls from creditors contact Miller & Miller to get the debt relief your deserve!

The number of people who went to a credit counselor has
declines, fewer people are signing up for debt repayment plans and the number
of people seeking to file bankruptcy is down 10% for the first nine months of
the year.  This is according to the
American Bankruptcy Institute.

One factor people are not seeking bankruptcy is due to
cost.  At Miller and Miller our fees are
reasonable and we do offer payment plans.
If you are experiencing financial difficulties at this time please call
our office to set up a free initial consultation to see how you can get the
financial relief you need.

This brings to mind the client who comes to my office and tells me that even though they are hopelessly in debt, they are worried about filing a bankruptcy because their credit score is still high.  I always remind these clients that your credit score is supposed to be one of many barometers of your financial health, not an absolute indication of financial health.  Unfortunately, many people are encouraged to misuse credit based upon the erroneous assumption that all is well because their credit score is still above 700, and they slowly fall into financial hardship. 

The definition of financial health includes living within a budget, controlling debt, using credit responsibly, working towards short and long-term financial goals, and saving.  It is challenging to manage any of these things when you are struggling to make minimum payments on your monthly obligations. 

The federal bankruptcy laws provide a solution for those who are overwhelmed with debt.  Bankruptcy can restructure or eliminate certain debts while protecting assets like your car, your home, and your 401(k).  If you have more debt than you can handle, and feel like you aren’t getting ahead, don’t be fooled by a high credit score.  It might be time to consult with one of the experienced attorneys at Miller and Miller, who can advise you of your options on how to get back on the road to financial health.

Foreclosure filings spike in August

After slowing down this year, foreclosure filings spiked in Milwaukee County in August, setting the pace for an overall 34% increase in foreclosure actions in southeastern Wisconsin from July.

Court records show there were 970 foreclosure filings in August after 725 were recorded in July in Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington and Waukesha counties. July had fewest filings of any month this year.

In Milwaukee County, foreclosure filings jumped to 543 after totaling only 367 filings in July. August was the first time that Milwaukee County topped 500 foreclosure filings in a single month in 2011. In 2010, Milwaukee County monthly totals exceeded 500 filings nine times.

Kenosha and Racine also posted relatively big jumps in filings from July to August. Kenosha’s rose to 107 from 80, while Racine’s went to 107 from 78.

Economists say foreclosure numbers generally track with unemployment trends.

While foreclosure filings rose on a month-to-month basis, August’s total of 970 still was down about 6.5% from 1,037 in August 2010. Foreclosure filings in southeastern Wisconsin totaled 7,080 through August, compared with 8,175 in the first eight months of last year.

Other July-to-August county results: Ozaukee, 18, up from 16; Walworth, down to 60 from 64; Washington, unchanged at 38; and Waukesha, 97, up from 82.

If you need help with foreclosure proceedings call Miller & Miller today at 414-277-7742. You have options.

Moreover, the more knowledge you have of your conversations, the more intelligently and persuasively you can speak with the debt collectors.  Debt collectors are notorious for putting false information in their notes in order to make you feel bad in an effort to convince you that you broke your promise. Isn’t it is ironic that a collector would lie in order to use your sense of morality against you?

When a debt collector says, “This is what you discussed with us last week,” and it is inaccurate, it is empowering to have your notes at hand to tell debt collector exactly what was discussed. It is not unusual for a collector to call one day and make an offer only to have the same collector deny that such an offer was made a few days later.

Naturally, the more detail the better. The more organized and prepared you are, the less likely you are to be badgered by or taken advantage of by rude collectors. I’ve talked about that on this blog here.

If three or more of the following apply to you, you should consult with Miller & Miller now.   We offer free no obligation initial consultations.

*My debt is over $5,000 not including a car or house.

*I am frequently late on payments.

*I buy necessary items like food or clothing, on credit.

I am thinking about getting a loan to pay other loans.

Collection agencies are calling me.

I make payments, but my balances don’t go down.

Payments are over one month behind on more than one bill.

I can’t afford car insurance.

My car is worth much less than I owe.

I frequently get cash advances.

Someone has filed a lawsuit against me.

My drivers license is suspended becasue of an accident.

My mortgage or rent is always late.

I owe income taxes that I can’t pay now.

I have high medical bills that weren’t paid by insurance.

If you can say yes to 3 or more please call Miller & Miller today!

A bankruptcy has an effect on many parts of one’s life and therefore people like your accountant, financial advisor, etc. might end up giving you some advice or sharing a story about someone they know who has filed.  While these confidants are usually trying to be helpful, beware: their advice isn’t always accurate, and it is always best to discuss your situation with a knowledgeable bankruptcy attorney to get the right answers. 

 Attorney Cathy Moran recently posted the following story on her blog covering California bankruptcy topics:

The terrified client in my office was told by her accountant that if she filed Chapter 13 to save her home, the court would not allow her to buy prescription dog food for an ailing 16 year old pet! Further, the accountant went on to declare that in Chapter 13, the debtor could pay only for housing, food and gas: nothing more. No maintenance for the house, no insurance, no clothes, no medical care.

Of course, the accountant was dead wrong. Articulate but wrong. So I explained the operation of Chapter 13, how the means test works, and the balance between the debtor’s reasonable living expenses and the claims of creditors. And assured the client that she can provide for her treasured pet for the balance of its life. Then I fumed.

One of the great things about the age in which we live is that there is a lot of information available about anything you might want to learn about at the click of a mouse.  However,  there is a lot of bad information on the web.   Before you eliminate bankruptcy as an option because of a horror story your favorite bank teller told you call us today at 414-277-7742. The attorneys of Miller & Miller can help you to understand your options and empower you to get the fresh start you need.

Bankruptcy is a legal process and therefore is public record. While it used to be a more common practice, these days few newspapers will publish bankruptcy filings in the “public notices” section. This is because the number of bankruptcy filings makes reporting personal bankruptcies impractical. In 2011, more than a million and a half people will file bankruptcy, and more than 5.7 million people have filed since September 30, 2005. So, unless you are famous or your bankruptcy case is newsworthy for some other reason, notice of your filing is unlikely to be printed in your local newspaper.

When your case is filed, you are required to submit a list of the names and addresses of every individual or business you owe. . Everyone on that list receives a notice of your bankruptcy. The notice also prohibits the creditor from taking any further collection activity. The bankruptcy court will send notices only to the names on your list of creditors, to your attorney, and a notice to you. Friends and family members are not sent notices unless you identify them as a creditor on your list.

                                                                                                                                                     
In a few limited situations, your employer may receive notice regarding your bankruptcy. Naturally, if you owe your employer money, your employer will be notified. Another reason is if you file a Chapter 13 repayment bankruptcy and wish for your employer to withhold the plan payment from your pay checks. There could also be other reasons to notify your employer, like if your employer is under a court order to garnish your wages and they need to be notified to stop the garnishment.

Since your bankruptcy is public record, any individual may contact the bankruptcy court to obtain information about your case. The majority of bankruptcy courts have an automated telephone system that will provide basic case information to the public. However, some individuals are able to access the Public Access to Court Electronic Records (PACER), an electronic public access service that allows users to obtain bankruptcy case information via the internet. PACER registration is free, but the system charges a an access fee per page.

Most bankruptcy cases are confidential. However, every case is different. If you have specific questions about the effects of filing a bankruptcy, call us today. The attorneys at Miller and Miller can explain the benefits of the federal bankruptcy laws and the process for discharging your debts.