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Credit Reports

Credit Reports

Credit Reports

    With identity theft on the rise it is important that you take steps to safeguard your personal information.  A recommendation would be to review your credit report on a regular basis, not only for accuracy but also as a deterrent against this ever increasing problem. 
All consumers have the right to order one free credit report annually from each of the following agencies: Equifax, Experian and Trans Union.  Instead of ordering reports from all three at the same time it is best to spread these requests throughout the year.  Doing this would give you a better chance of detecting any abnormalities in your personal records.  Any discrepancies could then be disputed by contacting the credit reporting agency directly at:

  1. Equifax: www.equifax.com or 800-685-1111
  2. Experian: www.experian.com or 888-397-3742
  3. Trans Union: www.transunion.com or 800-916-8800

Any new accounts opened without your authorization would be a warning that your information has been compromised and you would then have to take appropriate steps to remedy the situation. 

Roberta Rosengarten, Slightly Creaky

Provide For Your Heirs

Provide For Your Heirs

An Efficient Way To Provide For Your Heirs

An Efficient Way To Provide For Your Heirs

Because of its delicate nature, many families find it extremely difficult to discuss what steps should be taken should a loved one die suddenly. As a result, heirs in this situation may have no idea as to how to proceed following a death. That is why it is extremely important to discuss these matters, however sensitive, with your benefactors while you are still capable of doing so.
Recently, while dealing with this myself, I realized that careful planning for this inevitability on my father-in-law’s part, made life much easier for his heirs. 

Prior to his illness he had prepared a complete list of all his assets and had distributed copies to all involved parties. This also contained complete account information, passwords of bank accounts and investments, real estate holdings, insurance coverage, retirement plans, location of safe deposit boxes, estate plans and predetermined funeral arrangements. Everything was straightforward, thereby making the executor’s job so much easier.

Probate can be a very lengthy and expensive process. A way to minimize this impact is to have your heirs listed as beneficiaries to your bank accounts, investment portfolios, savings bonds and insurance policies. Setting these accounts up in this manner will assure that a large portion of your funds will be distributed according to your wishes without being subject to probate. Beneficiaries may cash in these accounts upon death by just proving their identity and a certified death certificate. 

It is difficult to imagine ones mortality. Therefore, many people procrastinate about having a will drawn up until it may be too late. If your intentions are not stated in this legal document then chances are that your estate will not be distributed according to your wishes. It is also extremely important to execute a durable power of attorney to someone whom you deem trustworthy in case you are eventually unable to handle financial and other matters on your own. Before naming an executor to your estate you should discuss the possibility with this person to make sure that he/she agrees to take on this responsibility. An alternate executor should also be listed in case your primary choice is unable to serve. 

We all hope to live long lives but being realistic and making the proper preparations will make things so much easier for the loved ones whom we will be leaving behind.

Roberta Rosengarten, Slightly Creaky


Late Tax Filers

Late Tax Filers

Late Tax Filers

   Tax filing day has already passed, but some Americans may not have already sent in their returns and others may not have the cash to pay the tax that they owe.

    People know that April 15 is the deadline but sometimes they haven’t had time to gather all their information together or some necessary items, not due to their negligence, might be missing.

   Regardless of the situation, ignoring this deadline can cost workers substantial penalties and interest. This year it could also delay their rebates, because the government's promised stimulus program checks (up to $600 for an individual, $1,200 for a couple and $300 for each dependent child) are being calculated from federal tax returns.

   If you are owed a refund there is no penalty for filing late and have up until three years to claim it.  This is measured from the original deadline of the tax return, plus three years. For example, your 2005 tax return was due on April 15th, 2006. 2006 plus 3 is 2009. You have until April 15th, 2009 to file your 2005 tax return and still get a tax refund. If you were to file your 2005 return after April 15th, 2009 your refund expires and you can no longer claim it. This is called the statute of limitations for claiming a refund.
However, if you owe taxes and haven’t filed for an extension (Form 4868) on or prior to April 15 you will be charged a "failure to file" penalty.  For additional information please view the following sites:

http://www.federalnewsradio.com/?nid=169&sid=1370081
http://www.irs.gov/newsroom/article/0,,id=181096,00.html
For future reference, please keep in mind that you can file for an extension as long as you do it on or prior to  April 15.  Extensions are granted automatically and will give taxpayers until Oct. 15 to file taxes. Taxpayers need to remember, though, that filing for an extension doesn't get them off the hook if they owe taxes. You still need to come up with some estimate of whether you owe additional money to the IRS and pay that amount by April 15.  There's a steeper penalty for failure to file than there is for failure to pay, but both can be costly for the taxpayer. The penalty for not filing is 5 percent of the unpaid taxes for each month that a return is late, up to 25 percent. The failure-to-pay penalty is 0.5 percent of unpaid taxes per month. It doesn't apply during the automatic six-month extension period if the taxpayer has paid at least 90 percent of his or her tax liability by April 15. On top of all this interest is also charged. 

   

There are some cases  in which automatic extensions are granted.  U.S. citizens living outside the United States and Puerto Rico have an extra two months to file their federal returns.   Members of the military serving in Iraq, Afghanistan and other combat zones generally can delay filing until 180 days after the soldier leaves the combat zone. In addition there can be announced extensions in some designated disaster areas where residents have been harmed by natural disasters.

Roberta Rosengarten, Slightly Creaky


401k Withdrawal Options

401k Withdrawal Options

401k Withdrawal Options

You can rollover an IRA from one account to another at any time, but if you are a victim of a corporate layoff, or considering changing jobs or about to retire and you are thinking of rolling over or contemplating withdrawal of funds from your 401k plan, then you have several options depending on your age, provided you are no longer working for the employer providing the 401k plan.

Your 401k withdrawal options are as follows if you are over the age of 59 ½ but under 70 ½:

-Take a lump sum distribution, in which case your 401k plan provider will write you a check for the value of your account less a 20% withholding tax mandated by the IRS. The 20% tax that is withheld will be counted against your income tax payable or will be counted towards any refund due for the tax year when you file your tax return.

-You can do nothing and leave it with your previous employer as long as the amount is greater than $5,000. Amounts less than $5,000 will usually be distributed to you regardless of you age. (check with your plan sponsor)

-Do 401k rollover into an IRA or a solo 401k (if you are planning to open your own one person business).

Your 401k withdrawal options are as follows if you are under 59 ½

-Take a lump sum distribution, in which case your 401k plan provider will write you a check for the value of your account less a 20% withholding tax mandated by the IRS, and a 10% withdrawal penalty. The 20% tax that is withheld, but NOT the 10% penalty, will be counted against your income tax payable or will be counted towards any refund due for the tax year when you file your tax return. Some 401k penalty free withdrawal exceptions are here.

-You can do nothing and leave it with your previous employer as long as the amount is greater than $5,000. Amounts less than $5,000 will usually be distributed to you, less a 20% withholding tax, regardless of you age. (Check with your plan sponsor)

-Do 401k rollover into an IRA or a solo 401k (if you are planning to open your own one person business)

Your 401k withdrawal options are as follows if you are 70 ½ or older

-Take a lump sum distribution, in which case your 401k plan provider will write you a check for the value of your account less a 20% withholding tax mandated by the IRS. The 20% tax that is withheld will be counted against your income tax payable or will be counted towards any refund due for the tax year when you file your tax return.

-Leave it with your employer 401k plan but start taking the required minimum distribution.

-You can do nothing and leave it with your previous employer as long as the amount is greater than $5,000. In this event, you will be taxed 50% of the required minimum distribution. Amounts less than $5,000 will usually be distributed to you regardless of you age. (check with your plan sponsor)

-Do 401k rollover into an IRA or a solo 401k (if you are planning to open your own one person business).  You still have to take the required minimum distribution even if you roll it over to an IRA.

Roberta Rosengarten, Slightly Creaky


Advance-Fee Loan Scams

Advance-Fee Loan Scams

      Looking for a loan or credit card but don’t think you’ll qualify? Turned down by a bank because of your poor credit history?

You may be tempted by ads and websites that guarantee loans or credit cards, regardless of your credit history. The catch comes when you apply for the loan or credit card and find out you have to pay a fee in advance. According to the Federal Trade Commission (FTC), the nation’s consumer protection agency, which could be a tip-off to a rip-off. If you’re asked to pay a fee for the promise of a loan or credit card, you can count on the fact that you’re dealing with a scam artist. More than likely, you’ll get an application or debit card instead of the loan or credit card.

The FTC says some red flags can tip you off to scam artists’ tricks. For example, lenders who aren’t interested in your credit history.  A lender may offer loans or credit cards for many purposes, for example, so a borrower can start a business or consolidate bill payments but one who doesn’t care about your credit record should give you cause for concern. Ads that say “Bad credit? No problem.” or “We don’t care about your past. You deserve a loan.” or “Get money fast.” or even “No hassle - guaranteed” often indicate a scam. Banks and other legitimate lenders generally evaluate creditworthiness and confirm the information in an application before they guarantee firm offers of credit even to creditworthy consumers.

Another example is fees that are not disclosed clearly or prominently. Scam lenders may say you’ve been approved for a loan, then they call or email demanding a fee before you can get the money. Any up-front fee that the lender wants to collect before granting the loan is a cue to walk away, especially if you’re told it’s for “insurance,” “processing,” or just “paperwork.”

Legitimate lenders often charge application, appraisal, or credit report fees. The differences? They disclose their fees clearly and prominently; they take their fees from the amount you borrow; and the fees usually are paid to the lender or broker after the loan is approved.

It’s also a warning sign if a lender says they won’t check your credit history, yet asks for your personal information, such as your Social Security or bank account number. They may use your information to debit your bank account to pay a fee they’re hiding.

Be wary of a loan that is offered over the phone. It is illegal for companies doing business in the U.S. by phone to promise you a loan and ask you to pay for it before they deliver.

Be suspicious of a lender who uses a copy-cat or wanna-be name. Crooks give their companies names that sound like well-known or respected organizations and create websites that look slick. Some scam artists have pretended to be the Better Business Bureau or another reputable organization, and some even produce forged paperwork or pay people to pretend to be references. Always get a company’s phone number from the phone book or directory assistance, and call to check they are who they say they are. Get a physical address too. A company that advertises a PO Box as its address is one to check out with the appropriate authorities.

Steer clear of a lender who is not registered in your state.  Lenders and loan brokers are required to register in the states where they do business. To check registration, call your state Attorney General’s office or your state’s Department of Banking or Financial Regulation. Checking registration does not guarantee that you will be happy with a lender, but it helps weed out the crooks.

Be wary of a lender who asks you to wire money or pay an individual. Don’t make a payment for a loan or credit card directly to an individual; legitimate lenders don’t ask anyone to do that. In addition, don’t use a wire transfer service or send money orders for a loan. You have little recourse if there’s a problem with a wire transaction, and legitimate lenders don’t pressure their customers to wire funds.

Finally, just because you’ve received a slick promotion, seen an ad for a loan in a prominent place in your neighborhood or in your newspaper, on television or on the Internet, or heard one on the radio, don’t assume it’s a good deal, or even legitimate. Scam artists like to operate on the premise of legitimacy by association, so it’s really important to do your homework.

If you have debt problems, try to solve them with your creditors as soon as you realize you won’t be able to make your payments. If you can’t resolve the problems yourself or need help to do it, you may want to contact a credit counseling service. Nonprofit organizations in every state counsel and educate people and families on debt problems, budgeting, and using credit wisely. Often, these services are low or no cost. Universities, military bases, credit unions, and housing authorities also may offer low or no cost credit counseling programs. To learn more about dealing with debt, including how to select a credit counseling service, visit ftc.gov/credit (http://www.ftc.gov/credit).

If you think you’ve had an experience with an advance-fee loan scam, report it to the FTC. The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov (http://www.ftc.gov) or call toll-free, 1-877-FTC-HELP (1-877-382-4357). The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel (http://www.consumer.gov/sentinel), a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.          

Roberta Rosengarten, Slightly Creaky

Avoiding Home Improvement Scams

Avoiding Home Improvement Scams

When hiring a contractor it is extremely important to find someone with a good business reputation.  To avoid being ripped off, always check the credentials of a contractor by calling the Better Business Bureau and the building inspector in your county. Never just accept references provided by the contractor. These will only provide you with information from those who were satisfied with their work. References of this nature are basically useless.  Also, ask to see photos of recently completed jobs.

Don't just pull a contractor's name out of the newspaper, phone book or off a bulletin board at a building supply store. Ask your local building Inspector to recommend someone. The inspector is the person who is the most knowledgeable on the quality of work and the professionalism of the contractor.

Make sure everything is in writing on your contract. Insist that the building contractor list every detail of the job to ensure you'll get what you expect. Don't assume that because someone seems like a nice person they will keep their word. Crooks are good actors and actresses. They are professional liars and know how to scam honest people.

Have the contractor write a date of completion on the contract. Some contractors say they don't like to do so because weather can be unpredictable, but a reasonable date should be determined. Demand a clause that provides refunds if the work is not done in a timely manner.

Never ever give a contractor more than half down on a job, even if a bank is involved. Your bank will probably not back you up. When you sign for the loan, you are responsible for seeing that the job is finished. If the contractor walks off, you will be required to pay the loan anyway, no matter what the contractor does or doesn't do. The bank lent the money to you, and you will be required to pay it back. The longer a company has been at one location the more likely it is a reputable one.

Be particularly suspicious of someone who approaches you with a deal too good to be true.  Many low-income elderly homeowners are targeted by scam artists who use high-pressure tactics to sell unneeded and overpriced contracts for "home improvements." Often these scam artists charge more than their quoted prices or their work does not live up to their promises. When the senior refuses to pay for shoddy or incomplete work, the contractor or an affiliated lender threatens foreclosure on the senior's home.   Find out how long a company has been in existence, as it is not uncommon for a company to suddenly disappear. 

If someone approaches you saying that they have just repaved a driveway in your neighborhood, have surplus materials left from a previous job, or was working on a neighbors house and can offer you a good deal while they are in the neighborhood, run as fast as you can. 

Roberta Rosengarten, Slightly Creaky


Small Claims Court Judgments

Small Claims Court Judgments

If you win your small claims case, you'll probably feel initial happiness because the judge saw things your way and awarded you a judgment against the defendant. But in the weeks and months that follow, that post-trial jubilation may turn to surprise and then anger when you discover that the court does nothing to make sure that the defendant pays you.  At this point you will be totally on your own to collect anything, something that can take a lot of time, work and expense and even then you might not be able to collect.

In order to get paid, you (or someone you hire to do it for you) must follow specific legal procedures to get money or other assets from the loser (called the judgment debtor). This procedure can vary from state to state and municipality to municipality.  You can’t immediately start to prod the defendant to pay up because most small claims courts allow a losing defendant to appeal (usually 30 days or so).  By doing so might encourage the defendant into filing an appeal.  Appeals threaten your collection chances.  First of all you may lose the appeal, and secondly, while the appeal is pending the defendant doesn’t have to pay you anything.

A number of debtors will pay once a court judgment is issued if you simply ask for the money.  A polite written request often works, especially when it reminds the debtor how refusal to pay can negatively affect his credit rating. You can also mention that you plan to take legal measures to collect if payment isn't forthcoming.  However, don't specify what measures you plan to take, for instance, garnishing the debtor's wages or seizing a bank account, since this will give a wary debtor time to thwart your plans.

Treat the judgment as a long-term investment as every state authorizes you to collect interest, commonly 8% to 12% annually.  In most states, a judgment is valid from 5 to 10 years (the range is from 3 to 20 years) and can be easily renewed. Renew it, even if you don't think you'll ever get paid, because years from now the debtor could win the
lottery, inherit a lot of money, or write a bestseller. If this should in fact happen, a renewed judgment could be worth a lot with the accumulated interest thrown in.

There is no one best collection approach. Your strategy must depend on the debtor's assets and income and the cost of the collection methods available in your state. The easiest and most effective collection methods to collect a small claims judgment include getting the debtor to pay voluntarily, garnishing his wages, seizing money from bank accounts and filing a lien against real estate or other property.  The more you know about a person the more likely you are to get paid.

Sometimes a debtor will refuse to pay under any circumstances and it would probably be worthwhile in a case like this to hire the services of a judgment collection agency. They have the resources to track down assets at minimal cost to them, whereas an individual might incur considerable expense by doing the same thing. Generally a reputable company will have you assign your judgment to them on contingency, they front all expenses and take a percentage of the amount collected. 

There may come a time when additional pursuit of payment becomes futile. If the debtor has gone out of business, disappeared, or you know that he or she will likely never be able to pay you anything (either now or in the future), your best option may be to write off the debt so that you aren’t throwing good money after bad.

Roberta Rosengarten, Slightly Creaky


The Perils Of Furniture Buying

The Perils Of Furniture Buying

So, I walked into a furniture store (which will remain unnamed) and was immediately pounced upon by a sales associate much in the same way a lion will pounce on fresh meat.  I was in the market for a new dining room set, just a table and chairs, and I wasn’t looking to spend more than about a thousand dollars.  Let’s just say I didn’t walk into Ethan Allen, OK? 

The saleswoman asks me what I am looking for and I tell her.  Quicker than my synapses could react, she swept me up the stairs and into the dining room section of the showroom.  I had perused their stock on the internet before going, but that does not really give you a good enough idea of what you are getting.  Best to see the table, work out its mechanics and sit in the chairs to see if they are comfortable.

The table that had caught my eye on their web site did indeed look very nice, but there were dings and scratches deep into the wood.  The saleswoman explained that the table was made of soft wood.  Gee, really?  As pretty as it was, in a battle with my cats, it would have lost handily.  I moved on.

I saw several tables, many quite nice, but too formal for my dining area.  My house has sort of an informal feel to the whole thing, and the dining room is open to the kitchen, separated only by a peninsula.  My old table was a clunker that my brother gave me when I moved in, and the chairs were stuffed rollers that I bought at Lechmere for $25 each on closeout a week before the store went out of business.  One of my cats did a fast job tearing the stuffing out of them, and the whole dining room had looked in sorry shape for the last nine years or so.  Still, the formal set was just not going to fit.

Then I saw it.

The table of my dreams.

It was called The Colorado, a gorgeous square table that is counter-high, with four padded wooden seats that were very comfortable.  The design was magnificent, and their floor model showed no hint of damage.  There was a center leaf that could be removed to make the whole table rectangular, but I knew that the table would fit perfectly as was in my dining room.  I searched the rest of the tables, and finding nothing that would come close, decided to seal the deal.

I was offered the store’s credit line, which gave me an extra 10% off the cost of the set.  It was Monday, and they scheduled it for delivery for Friday, somewhere between 10 AM and 2 PM.  I left, happy and delighted that I had found an excellent table to fill that space in my dining room.  That evening, I ordered an 8” round area rug to go underneath it.

Friday came.  Just after noon, UPS delivered my rug.  It was wonderful, and I put it into position.  I got a call a few minutes later that the furniture truck was one stop away and I would have my set within half an hour.

Rumble, rumble, rumble, squeak!  The truck pulled into my driveway, and out came two deliverymen.  They carried the chairs into the house and then went back to get the table.

The chair legs were uneven.

Uh-oh.

Fortunately, the deliverymen got the legs nice and even, but then the real trouble began.  Three of the four legs that needed to be attached to the table were perfect, but the fourth…the fourth…was missing the necessary internal hardware to accept a bolt.  They took the whole table, legs and all, brought them back into the truck and I called the store back.  I told them I was tempted to cancel the order, they said they would credit me back the $75 shipping fee.  OK, I said, when could they deliver it again?  Next Wednesday or Friday.  Well, Wednesday was no good unless they could guarantee me afternoon delivery, because I had a doctor’s appointment.  Friday then.  Yes, Friday will work.  Actually, I would like to burn your store to the ground right now, but let’s just pretend Friday will be just great.  OK?  Fine, great, good.

Tuesday I got a call from the store to tell me that they were coming Wednesday with my table.  WHAT?  What happened to Friday?  They wrote down Wednesday.  Fortunately, they were coming between 12 and 4, on the later side, and my appointment was for 11:30, and would be a quick one.  Wednesday came, I went to the appointment and came home in anticipation of FINALLY having a nice dining room.  The chairs were still in the dining room, still wrapped in protective plastic, now all they needed was a table and the picture would be complete.

At 3:30 I got a call that they were on their way and would be there in half an hour.  At 3:40 the skies opened up and let loose a torrent of rain that would have made Noah worry.  At 3:55 the rain stopped, and at 4:00 the truck pulled up.  A nice new table, four legs, into the house and they started to put it together.

Guess what?

When they returned the table to the warehouse, it was noted that HARDWARE was missing.  Not specifically the hardware embedded in the leg, but just “hardware missing”.  They thought there were some bolts missing, so they put the whole thing back on the truck, same table, same legs with new bolts and shipped it on back.

At this point, the top of my head longed to pop off in a show of fury that would have made Donald Duck proud.

The deliveryman made a call to the home office and assured me that someone would be out with a proper leg this afternoon.  I was told that it would be here by 5:30 and it would be taken care of.  I spoke to the head of the shipping department myself.  They would call when they were on their way.

5:30 came.  No call, no leg.  I called them.  They were backed up, they said, and it would be delivered by 7:30.  At this point, I wanted to back up…a truck laden with poisonous snakes to their loading dock, open the hatch and watch the fun ensue. 

At 7:30 I got a call…they were on their way.  At 8:00, a lone deliveryman came in, bearing the Holy Grail…ah…er, leg…and installed it.  Together we righted the table, placed it in its rightful place and he left.  Finally, I could take the plastic off the chairs and, for the first time in 11 years, have a proper dining room set.

The moral of the story?  The next time you have a choice between having all of your teeth ground down and replaced with crowns over the space of two days or buying new furniture for delivery…make a call to your dentist.  You’ll enjoy yourself more.  I know.  I’ve done them both, and I’ll take the Novocain any day of the week.

Mark Rosengarten, Contributing Guest


Save Your Documentation

Save Your Documentation

There have been many advertisements recently about adding shelf space to our homes and for outside storage facilities.  In fact, within three miles of my house construction of two new mini-storage centers is almost complete.  Many people are tempted to throw out old things or put them in storage, but before you do, think twice, or three times.  Among those items can be documents you may need ten or twenty years from now.

Just how long do we need to hold on to tax forms, sales records, and those many other documents that are filling the boxes in our closets or basements?  Although there is no firm rule, there are some guidelines. 

  1. Tax Records: Ten years
  2. Property Ownership: 6 years after you sell. If you purchase new personal real estate, though, maintain records of your former property for several years longer.
  3. Household Capital Improvement Receipts: 6 years after you sell
  4. Stocks, bonds, other financial records: 6 years after you sell
  5. Cancelled checks: Ten years
  6. Paycheck stubs: Two years (if you get proper tax reports from your employer)
  7. W-2 Forms: Until you collect Social Security
  8. Medical records: Forever
  9. Citizenship, birth, marriage, divorce: Forever

Other records you should have:

  1. Emergency Contacts (doctors, home repairs, insurances, lawyer, family, etc.)
  2. Social Security card, passport,
  3. Medical history, lists of medication
  4. List of bank and credit card accounts
  5. Household inventory (video your house and possessions annually)
  6. On your entry doors (for fire emergencies): household pets
  7. Location of your will

You will find other useful hints online at: (They may have the same title, but are different Web sites.)

    Tax Record Keeping Tips
    Tax Day Has Passed, But Save Those Tax Documents
    Save Key Tax Documents In Case Of An Audit
    How Long to Keep Important Papers
    How Long to Keep Important Papers
    How Long to Keep Important Papers
    Important Papers: Keep or Toss?
    The ABC’s of Important Papers

You need to be concerned about identity theft as well as actual theft of your important papers. Be sure to shred all documents that you no longer need, even things you get in the mail.  This is especially important if it includes any financial information or your social security number. 

Documents can be easily misplaced or otherwise lost. It is vital that your most important documents be held in a safe deposit box or other secure facility away from your house.  Water or fire damage not only cause heartbreak, they can create years of havoc if the documentation you need to prove ownership, citizenship, or marriage is lost. 

In addition to determining what you need to save, organize them so they are easy to find and place them in a secure location.  Make a list of all your documents (as well as all your assets and where they are located), and create several copies.  Keep one with your documentation, one is a locked secure location in your home, and another with your lawyer. Review your documents and revise the list annually.


More to come

Section

 

The obvious legal statement.

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