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January 17, 2018 By Jen Lee

Identity Theft and Tax Returns

Taxes and ID Theft
Taxes and ID Theft

If you are not expecting a nice big refund on your tax return, you still want to file your taxes as soon as possible. This time of year, we start getting a lot of phone calls regarding identity theft, rejected tax returns, and missing refunds. The general story is almost always the same:

Jane files her tax return on April 1st. She gets a response back from the IRS that her tax return has been rejected because it has already been filed. Jane knows that she hasn’t already filed her tax return and starts investigating.

She finds out that someone else has filed using her social security number and likely bogus income/deduction numbers that resulted in a mid-size refund back to the scammer’s bank account. Before the whole thing can be tracked down, the scammers are gone with the refund and Jane is left with a mess to resolve with the IRS.

There’s a second part to these stories. Once we find out that the tax return is rejected, we recommend that the victim get a credit report for all family members. At that point, there is often identity theft involving new lines of credit, new car loans, or other accounts that family members have no idea existed.

Another reason to worry this year: Equifax.

I’ve done some writing on the Equifax data breach over the past few months. One big reason to especially worry this year is because of the Equifax data breach. We have no idea who has access to social security numbers and other identifying information. Filing your tax return as soon as you are able cuts off some of the risk of falling victim to this scam.

This is just a basic overview and is not legal advice specific to your situation. If you have questions about your rights when it comes to debt and credit, you should speak with an attorney in your area for legal advice. If you live in California or North Dakota and would like to speak with Jen Lee Law regarding your situation, please schedule an appointment on our scheduling site.

Filed Under: Credit, Identity Theft Tagged With: Credit, ID Theft, Taxes

August 28, 2011 By jenleelaw

My Credit Card Company is Suing Me-Now What?

One of the main reasons people call me to discuss bankruptcy options is that they were just served with a lawsuit. Usually a bank or credit card company has not received payments in several months and they’ve hired a law firm to try and collect some or all of the balance due. Ignoring the summons for the lawsuit is a bad idea, but there are several options you can consider.

Make Payment Arrangements

If you acknowledge that you owe the debt and can afford to pay it back over time, you can call the attorney who filed the lawsuit and discuss repayment options. This will usually suspend the lawsuit, as long as you are making payments on the debt. Generally, the law firm will want to do automatic monthly payments from your checking account.

If you have multiple credit cards that you are behind on and it is quite possible that there will be multiple lawsuits against you, a payment plan might not be feasible.

File an Answer (Response)

If you have some reason to believe you do not owe the money or there is some question around the debt, you also have the option of filing an answer with the court. The response form is included when you are served with a lawsuit, so you would need to fill that out, pay the filing fee, and file the documents with the court. You usually have 30 days from the day you are served to file your response.

Consider Bankruptcy

Many times, people have other financial issues besides that one credit card that need to be handled. When you file for bankruptcy, the court case for the credit card is put on hold while the bankruptcy is processed. When (if) you receive your bankruptcy discharge, that court case is then dismissed and the creditor can no longer come after you for that debt.

Ignoring the Summons

So what happens if you totally ignore the summons? After the 30 days has passed for you to respond, the lawyer for the credit card will obtain a default judgment against you. After the judgment is granted, the lawyer is able to obtain a judgment lien. A judgment lien can result in a lien on your house, garnishment of your bank account, and/or wage garnishment as well.

It is very important for you to deal with a summons for a lawsuit before your accounts or wages are garnished. If you are in this situation in CA, please feel free to contact me at 925-586-6738 or jen@jenleelaw.com to discuss your options.

This is just a basic overview and is not legal advice specific to your situation. If you are considering bankruptcy or are feeling overwhelmed by debt, you should speak with an attorney in your area for legal advice. To speak with me regarding your situation, please email me at jen@jenleelaw.com or call 925-586-6738.

Filed Under: Bankruptcy, Bankruptcy Process, Credit

August 17, 2011 By jenleelaw

What About My Credit Score?

I probably get asked this question at least ten times a day – really any time I meet with anyone to talk about bankruptcy. Won’t filing bankruptcy ruin my credit score? My general answers to this inquiry:

First – why do you care about your credit score?

A credit score is mostly useful for…getting credit, which is often part of the problem when considering bankruptcy. Granted, there are situations where a credit score is used to determine deposits or a credit report is run for a job because you are handling money, but this being stuck on credit scores thing is exactly what the card issuers want. They want you to apply for their cards, keep a balance, and pay them lots of interest. There’s also another myth out there that you can’t buy a house for 10 years after filing bankruptcy – don’t even get me started on that one (but I will do a follow-up blog post on that topic).

Second – Is your credit score all that great now that you have not been making credit card or mortgage payments for the last 12 months?

Most of the people considering bankruptcy already have a fairly low credit score. Bankruptcy is not going to make it lower. In fact, that fresh start often increases your credit score. The reason for this is that you are a better risk without all of that debt hanging over your head. Not that I’m advocating going out and applying for new credit cards, but bankruptcy isn’t a financial death sentence.

Third – Are you ready to plan for the future?

I always tell clients that I never want to see repeat business in my line of work. Part of the bankruptcy process should involve setting up your future with savings and retirement accounts. Many credit problems can be solved by having a good-sized downpayment available for large purchases, like houses and cars. When you file for bankruptcy, you have the possibility to grab that fresh start and create a great future for yourself by understanding your budget and being honest about what you can afford.

This is just a basic overview and is not legal advice specific to your situation. If you are considering bankruptcy or are feeling overwhelmed by debt, you should speak with an attorney in your area for legal advice. To speak with me regarding your situation, please email me at jen@jenleelaw.com or call 925-586-6738 in the East Bay or 209-322-4651 in Tracy.

Filed Under: Bankruptcy, Bankruptcy Process, Credit

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LEGAL ADVERTISEMENT. The information included on this website is not intended as legal advice. You should consult with a lawyer before acting on any information contained in this website.

Jen Lee Law, Inc. is a federally designated Debt Relief Agency. Jen Lee helps clients file for bankruptcy protection under the laws of the United States.

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