Rex Anderson PC

The FDCPA and Collection Harassment

Rex Anderson — Mon, 06 Feb 2012 17:36:13 +0000

Debt collectors are regulated by numerous state and federal laws in their debt collection activities. That's where our firm can help. Most people know that debt collectors cannot abuse them on the phone or in writing–what many people don't know is that they have a lot of other legal rights, too. For example, a debt collector cannot call you at work if they know that it is inconvenient for you or that your employer prohibits it. Debt collectors cannot tell others about your debts, like your next door neighbor or your co-worker.

Debt collectors also must be licensed in the State of Michigan if they are collecting the debts of others. These are just a few of the numerous protections you have as a consumer. If a debt collector violates your rights, our firm can help. As a consumer, you are afforded a lot of consumer protections against debt collectors, both state and federal. Our firm primarily works with consumers whose rights have been violated under the FDCPA and other consumer protection statutes.

If you believe that your rights have been violated, contact Attorney Rex Anderson at 810-653-3300 or at rex@rexandersonpc.net.

Also, view our Collection Harassment Instructions and Log and find out what you can do to make the harassment stop.

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Why You Can’t Afford the Cheapest Bankruptcy Lawyer in Town

Rex Anderson — Fri, 03 Feb 2012 17:38:27 +0000

There’s an obvious reason behind people who need to file bankruptcy wanting to find the cheapest lawyer they can. Legal representation doesn’t usually come cheap and when you are in a financial bind, it’s essential to save as much money as possible. Attorneys who advertise “cheap” or “low cost” bankruptcy representation attract clients like bees to honey. But there is a risk when hiring the “low cost” attorney and the risk, quite honestly, is the quality of work and experience of the attorney. Having a bankruptcy case that’s been mangled by representation of an inexperienced or inattentive attorney will end up being far more expensive in the long run. A bankruptcy is not cheap if you lose assets unnecessarily, squander a discharge by filing too soon, or expose your family members to preference litigation.

Not all lower priced attorneys are substandard and not all higher priced attorneys are terrific. While the price of the attorney is definitely an important factor, one must consider what you are getting in return.

An attorney may advertise that he or she has low rates, but then they could slam you with a bunch of additional fees throughout your representation because they did not get important information up front or they lack experience or knowledge and did not foresee problems that could arise in your case. You should know who will be doing the work on your case. Ask how long it generally takes for the attorney to respond to your phone calls or emails. You need to ask questions and compare the quality of work you will be getting before you commit to an attorney.

When hiring an attorney, you need to focus on their quality and experience rather than if their prices are a bit more than their lower priced competitors. You need to find an attorney whose fees match your needs and expectations for your bankruptcy case.

Attorney Rex Anderson is not the cheapest bankruptcy attorney in town, nor is he the most expensive, but there are many reasons why he is the best. He has been practicing law since 1992 and attends seminars throughout the country to continue his legal education. He currently teaches Consumer Law classes at Mott Community College. Rex Anderson, P.C. specializes in consumer bankruptcy and Fair Debt Collection Practice Act litigation. Call Attorney Rex Anderson today for a free phone consultation at (810) 653-3300.

Collaborative Writing by Rex C. Anderson, Esquire and Contributing Research/Writing by Kellye S. Smith

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Regaining your Privilege to Drive

Rex Anderson — Fri, 27 Jan 2012 17:32:07 +0000

The State of Michigan revokes driver’s licenses for people convicted on two or more DUIs. Upon being convicted, you must wait the imposed revocation time before you are eligible to file for an appeal hearing in front of the Secretary of State.

It is extremely helpful to have an experienced attorney who can help form a strategy to increase your chances of making your appeal to the Driver License Appeal Division (DLAD) successful. An attorney can assist in acquiring and proof reading the essential paperwork and file it with the DLAD, practice and prepare you to testify at your hearing, and help you gather evidence to support your current sobriety and your ability and commitment to maintain sobriety.

Attorney Rex Anderson has represented many clients who are seeking driver’s license restoration. Call Attorney Anderson today to schedule a free phone consultation at (810) 653-3300.

Collaborative Writing by Rex C. Anderson, Esquire and Contributing Research/Writing by Kellye S. Smith

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Deer In Headlights

Rex Anderson — Fri, 20 Jan 2012 17:27:50 +0000

It’s the most wonderful time of the year, except for the occasional deer running onto the highway, causing a personal injury automobile accident that leaves your flattened fruitcake the least of your problems.

Michigan has more than 60,000 deer-car accidents every year. In 2010, nearly 1,500 people were injured and 11 people were killed as a result of cars colliding with deer, according to the Michigan Traffic Crash Facts. State Farm recently reported that Michigan drivers have a one in 90 chance of hitting a deer. Last year, Genesee County alone racked up 1,295 deer related car accidents, while Lapeer County had an even higher 1,321 accidents despite having a lower population.

Many people have no idea what they should do if a deer runs in front of their car. Below is a list of advice, should it happen to you.

Ways to avoid a deer collision:

1. Stay extra alert in the fall and winter. Deer activity is higher during this time of the year, due to hunting season.

2. Don’t rely on flashing your brights or honking your horn. Deer do not have manuals telling them to get out of the road when these things are done.

3. Don’t load yourself with caffeine to stay awake. It’s not going to work nearly as well as rest. To stay aware, you must stay awake.

4. Deer travel in herds. Most likely, where there is one, there will be more. If you see one cross the road ahead of you, slow down and be very careful.

5. Never, ever drink and drive.

6. Never text and drive. It’s illegal and it only takes a split second for a deer to step in front of your vehicle.

7. Deer are especially active at daybreak and nightfall. Stay alert during those times of day.

8. Deer crossing signs are put up for a reason. Slow down and pay attention in those areas.

If you cannot avoid hitting a deer, be sure to call the police immediately. They will tell you what to do until they get there. Plus, insurance companies do not cover deer related accidents without a police report.

If you are injured in a crash involving a deer, your insurance carrier is obligated to pay:

1. All medical bills related to your auto crash injuries which your health insurance does not pay. This includes co-pays, prescription and even mileage going to and from health care providers;

2. 85% of any lost wages;

3. Replacement Services for household duties you performed prior to the auto crash and can no longer do as a result of your auto crash injuries. These include cooking, dishes, cleaning the house, laundry, driving, lawn mowing, snow shoveling, plus much more.

4. Attendant Services. Any nursing service at home. For example, a spouse or child who assists you with bathing, dressing, massage, exercise, medications, changing bandages and other services of a personal nature.

It is important that you document all expenses and services as proof. Keep track of mileage, replacement services and attendant services on the forms we provide you, or the insurance company provides.

If you are injured in a car accident and need a lawyer to represent you, Rex Anderson is the one to call. Rex handles personal injury cases all over Michigan and will fight like a bulldog for you. Call or email Rex at (810) 653-3300 or rex@rexandersonpc.com.

Collaborative Writing by Rex C. Anderson, Esquire and Contributing Research/Writing by Kellye S. Smith

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Spend Less This Holiday Season

Rex Anderson — Wed, 21 Dec 2011 20:09:00 +0000

With the holiday season approaching, money is tighter than ever. It is almost inevitable that you are going to spend some money this upcoming season, but below are some ideas on how to spend a little bit less.

1. Shop at discount clothing stores. There are many stores that sell designer clothes at an enormous discount, such as TJ Maxx or Marshall’s. While the discounts are great, make sure you shop with a budget. Just because something is a good deal does not mean you have to have it. Also, check clothes for flaws. Sometimes, they wind up at these stores because they have a defect.

2. Don’t rack up late charges. Pay your bills the day they arrive. Late charges and interest can really add up. If at all possible, shop with cash so you have one less bill to worry about.

3. Don’t be TOO generous. Tis the time for giving. I hate to be a Scrooge, but over-give to your favorite charities. Try donating time instead of money. Be a bell-ringer for a day, volunteer at the soup kitchen, spend a day cleaning cages at the humane society; acts of kindness are just as generous as a $50 bill.

4. Buy previously played video games. Your 12 year old is not going to care if his new Wii game has a shiny plastic wrap on the case. Just remember to check for scratches or ask to test the game at the store prior to purchasing it.

5. Re-caulk all windows and doors. It’s getting colder and the less cool air you let in, the less heat you have to pump out.

6. Sell old, gently worn clothes to consignment shops. Earn some extra cash this holiday season. This trend is booming for baby clothes right now. See the Good Morning America story here: http://abcnews.go.com/Business/moms-sell-trade-swap-baby-clothes-extra-cash/story?id=14405183

7. Borrow a dress for your work Christmas party. There’s no reason to buy a new dress you are only going to wear once. Have all of your similar shaped girlfriends go in on a dress together and share it. Just keep it away from the red wine.

8. Take advantage of grocery stores that double your coupons. If you’re in charge of cooking the holiday feast this year, this could be a lifesaver. Just think how much you could save if you had a coupon for every item on your list.

9. Get your holiday entertainment from the library. Don’t rent “It’s a Wonderful Life” from a store or OnDemand. The library has tons of movies for rent, for free. Also, try renting some Christmas CDs, putting them on your computer or music player and creating your own playlist of holiday music.

10. Wrap your hot water heater in insulation. This should keep in more heat so you can turn it down and save on utilities.

Don’t be shy about finding out what your options when facing financial difficulties. Some debt relief lawyers will meet with you without charging you for their time. Find out who they are and take advantage of this gift and help arm yourself with the knowledge to know what your options are and get your life back on track.

You may even be able to sue debt collectors who are violating your rights under state and federal collection laws.

You can always call Rex Anderson who will take the time to listen to your case and advise you of your options without charge at your first consultation. Call Rex at 810 653-3300.

Collaborative Writing by Rex C. Anderson, Esquire and Contributing Research/Writing by Kellye S. Smith

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10 Money Saving Tips To Reduce Financial Stress

Rex Anderson — Fri, 16 Dec 2011 19:43:19 +0000

Saving money is the “common sense” way to have a less stressful financial future, but a lot of times, it’s hard to come up with new ideas on how to save. Here are some tips to get you started.

1. Take the bus. Using public transportation is so much cheaper than gas these days. If you don’t live in a big city, carpool. Either way, it’s more economical AND better for the environment.

2. Fill out your FAFSA. Financial aid can knock a pretty good chunk off of your college expenses. You can fill it out online at: www.fafsa.ed.gov/.

3. Skip the gym. Go running on nature trails or rent a couple of exercise videos from the library and work out in your living room.

4. Go to the movies during the day. A lot of theaters offer discounted matinee prices. Not only are they much cheaper, but most of the time, the theaters are quieter and less crowded.

5. Hang clothes to dry. In the summer, spend time outside in the fresh air and hang your clothes. In the winter, set up a clothesline in your utility room and hang them there.

6. Buy your sweaters in the summer. If you buy clothes when they aren’t in high demand, you can get them astronomically cheaper.

7. Reupholster old furniture. They don’t make furniture like they used to. Buy the $200 table that breaks in a month or find an old solid table for $30 that you strip and refinish. It’s good as new, stronger than ever and something you can be proud of.

8. Change the oil in your car yourself. It’s not too hard and it saves you a few bucks. Plus, it’s not a bad skill to know how to do.

9. Go on a ‘stay-cation.’ If you need to get away, do it in your own home. Send the kids to a sitter for a few nights. Break out the tiki lights, make some margaritas, and read a book in the tub.

10. Make cards and gifts for friends. Gift a scrapbook for a baby shower, minus the pictures. Make a plate of goodies for a birthday and attach the recipes. It’s from the heart and it’s way cheaper.

Don’t be shy about finding out what your options are when facing financial difficulties. Some debt relief lawyers will meet with you without charging you for their time. Find out who they are and take advantage of this gift and help arm yourself with the knowledge to know what your options are and get your life back on track.

You may even be able to sue debt collectors who are violating your rights under state and federal collection laws.

You can always call Rex Anderson who will take the time to listen to your case and advise you of your options without charge at your first consultation. Call Rex at 810 653-3300.

Collaborative Writing by Rex C. Anderson, Esquire and Contributing Research/Writing by Kellye S. Smith

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Keeping your Home and Car During Bankruptcy

Rex Anderson — Mon, 12 Dec 2011 16:22:47 +0000

In most cases you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt. Even if your property is not fully exempt, you will be able to keep it, if you pay its non-exempt value to creditors in chapter 13.

However, some of your creditors may have a "security interest" in your home, automobile or other personal property. This means that you gave that creditor a mortgage on the home or put your other property up as collateral for the debt.

Bankruptcy does not make these security interests go away. If you don't make your payments on that debt, the creditor may be able to take and sell the home or the property, during or after the bankruptcy case.

Keeping Your Collateral After Filing Bankruptcy

There are several ways that you can keep collateral or mortgaged properties after you file bankruptcy. You can agree to keep making your payments on the debt until it is paid in full. Or you can pay the creditor the amount that the property you want to keep is worth.

In some cases involving fraud or other improper conduct by the creditor, you may be able to challenge the debt. If you put up your household goods as collateral for a loan (other than a loan to purchase the goods), you can usually keep your property without making any more payments on that debt.

In a chapter 7 case, you can keep all property which the law says is "exempt" from the claims of creditors. You can choose between your exemptions under your state law or under federal law. In many cases, the federal exemptions are better.

The amounts of Federal exemptions are constantly changing and presently include:

· Approximately $24,450 in equity in your home;

· Approximately $3250 in equity in your car;

· Approximately $475 per item in any household goods up to a total of $9850;

· Approximately $1850 in things you need for your job (tools, books, etc.);

· Your right to receive certain benefits such as social security, unemployment compensation, veteran's benefits, public assistance, and pensions–regardless of the amount.

Determining If Your Property Is Exempt

In determining whether property is exempt, you must keep a few things in mind.

The value of property is not the amount you paid for it, but what it is worth now. Especially for furniture and cars, this may be a lot less than what you paid or what it would cost to buy a replacement.

Also, you only need to look at your equity in property. This means that you count your exemptions against the full value minus any money that you owe on mortgages or liens. For example, if you own a $50,000 house with a $40,000 mortgage, you count your exemptions against the $10,000 which is your equity if you sell it.

While your exemptions allow you to keep property even in a chapter 7 case, your exemptions do not make any difference to the right of a mortgage holder or car loan creditor to take the property to cover the debt if you are behind.

In a chapter 13 case, you can keep all of your property if your plan meets the requirements of the bankruptcy law. In most cases you will have to pay the mortgages or liens as you would if you didn't file bankruptcy.

If you have further questions call or email attorney Rex Anderson. Rex is a consumer lawyer suing abusive debt collectors across Michigan in Federal Courts. Rex helps people from all over Michigan, including Mount Pleasant, Flint, Bay City, Saginaw, Lapeer, Traverse City and Detroit. Rex also helps folks get a fresh start discharging their debts by declaring bankruptcy.

Collaborative Writing by Rex C. Anderson, Esquire and Contributing Research/Writing by Kellye S. Smith

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Debt Collectors- Mum’s the Word

Rex Anderson — Thu, 08 Dec 2011 16:19:30 +0000

Debt collectors have many tricks up their sleeves when they are trying to get money from you. Their ways of collecting are sometimes deceitful and conniving, which often scams people into giving them information to help them in their tactics. However, the most vital piece of information can be obtained just by an innocent slip up on your part.

When a debt collector calls you, they will make it sound very easy to pay off the debt you owe. They will tell you that you can set up a payment plan with them or pay in installments and then comes the question they are dying to have answered: “Could I have your debit or credit card number so we can easily collect your payments each month?”

Never, ever, ever give your debit, credit, or bank account information to a debt collector!

I cannot stress this enough. Once they obtain that information, you cannot control what they do with it. That collector may share your information with other creditors or they may take more out of your account that originally agreed upon.

The best and only realistic option at that point would be to cancel your card and get a new bank account. Remember, even if the payments sound easy and the collector sounds reasonable, you cannot pay the debt if the money is not there.

If you find yourself caught in a situation like this, call Rex Anderson at (810) 653-3300. Rex is a consumer lawyer that sues abusive debt collectors across Michigan in Federal Courts. Email Rex at rex@rexandersonpc.com.

Collaborative Writing by Rex C. Anderson, Esquire and Contributing Research/Writing by Kellye S. Smith

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Simple Money Saving Ideas

Rex Anderson — Wed, 23 Nov 2011 19:40:13 +0000

If you are having a hard time financially, try some of these methods before filing for bankruptcy.

1. Get a piggy bank. Seriously, the spare change that you collect can really add up. When it gets full, take a few hours and roll it yourself. Get the kids involved and teach them how to count money. The change sorting machines at the grocery store can take as much as 9.8% of the change you put in.

2. Fix your car with parts from the junkyard. They cost way less than new parts.

3. Go to free community events. Places like the movie theater, the museum, and the planetarium charge for you to visit. Small towns, like Davison and Lapeer, host all kinds of free community events. Keep an eye on your local paper for notices.

4. Ditch the cigarettes. Quitting is tough, but consider that you’re paying $6.90, on average, for a pack. If you’re a pack a day smoker, that’s $207 a month.

5. Don’t be too good for hand-me-downs. Kids grow out of clothes so fast. Try to get them free until they start demanding brand names.

6. Meet for coffee, not dinner. Even if you go to the most expensive coffee chain and get one of the fanciest coffee drinks, you’ll only pay about $6. That’s still cheaper than the 2 meals for $20 that a lot of restaurants are offering now.

7. Puree your own baby food. Not only is it cheaper, but you’ll know exactly what is going into it. Find recipies at http://wholesomebabyfood.momtastic.com/.

8. Cut down on shower time. If you absolutely must enjoy the tub, try to cut down to longer showers once or twice a week, instead of every day.

9. Bring back snail mail. It feels so nice to get a letter in the mail and it only costs 44 cents to send one, cheaper than a phone plan with a bunch of minutes.

10. Pack your lunch. If you are couponing when you grocery shop, your lunch will be even cheaper to pack. Eating lunch at a restaurant will include your meal, drink, and don’t forget the tip.

Sometimes events and circumstances happen beyond our control, such as when an insurance company refuses to pay a claim and we suddenly have a huge debt. Or perhaps we suffer an injury or sickness and we lose our job. In many situations no matter how wise we are about cutting costs we may need explore other options including bankruptcy. Don’t be shy about finding out what your options when facing financial difficulties. Some debt relief lawyers will meet with you without charging you for their time. Find out who they are and take advantage of this gift and help arm yourself with the knowledge to know what your options are and get your life back on track.

You may even be able to sue debt collectors who are violating your rights under state and federal collection laws.

You can always call Rex Anderson who will take the time to listen to your case and advise you of your options without charge at your first consultation. Call Rex at 810 653-3300.

Collaborative Writing by Rex C. Anderson, Esquire and Contributing Research/Writing by Kellye S. Smith

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Effortless Methods for Saving Money

Rex Anderson — Wed, 16 Nov 2011 18:47:07 +0000

Filing bankruptcy is an option for people who want to get out of debt, although it may not always be the best answer. Saving money is a more economical and stress free way of getting back on your feet. Many people think they are doing everything they can to save money, but there are more ways to pinch your pennies than you think.

Here are 10 ways to get you started…

1. Use more blankets and less heat. Set your thermostat about 5 degrees lower than you would normally keep it during the day. At night, try going down five more degrees. You’ll be amazed how much you’ll save on your heat bill next month.

2. Never dial 411. It costs money! Even spare change can add up. Every place you go will either have a phone book or the internet to look up what you need. If you are driving, stop off at the nearest gas station.

3. Use coupons. I’ll admit to being addicted to the “Extreme Couponing” show on TLC, but you don’t have to go that far with it. Even a few coupons every time you shop will help you save money. Plus, when you have coupons, it’s easier to stick to a list. Which brings me to…

4. Never grocery shop without a list. Something that goes hand in hand with this, try to grocery shop WITHOUT your kids. You’ll end up caving and buying them something that you didn’t originally plan on buying. The sugary-puffy-cartoon cereal usually prices out at around a dollar more than the stuff you like. Buy the cereal that is on the list and put some Spongebob stickers on the box when your kids aren’t looking.

5. Carpool. Whether it’s with coworkers or kindergarteners, it’s more economical. Check out this experiment from dailyfinance.com. (http://www.dailyfinance.com/2010/10/12/savings-experiment-carpooling/)

6. Buy generic medicines. Next time you are at the drug store and you have a spare minute, pick up a brand name over-the-counter drug and its generic counterpart. Turn them over, compare the ingredients, and realize that they are almost always the exact same.

7. Do your own nails. A manicure usually runs around $30. Buy a bottle of nail polish ($5 for a top of the line polish) and save.

8. Consider renting out a room. This one is a bit more extreme but if you have the space, it may be a viable option. Do you have a family member who is trying to get on their feet? A friend who is looking to buy a house nearby? If it is someone you don’t know, be sure to interview them extensively and try to gather as much information as possible. Always sign a contract, no matter who you are renting to, family or not.

9. Downgrade your light bulbs. Try a 60 Watt light bulb or an energy efficient coil bulb instead. You won’t notice much of a difference, except on your next bill.

10. Use nights and weekends to make your long distance calls. Most cell phone plans offer free long distance during these times. Check your contract or with your provider to be sure.

You can always call Rex Anderson who will take the time to listen to your case and advise you of your options without charge at your first consultation. Call Rex at 810 653- 3300.

Collaborative Writing by Rex C. Anderson, Esquire and Contributing Research/Writing by Kellye S. Smith