County: Mon
Age: 81
Our client is an 81-year-old woman who derives her income entirely from Social Security. She is on a fixed budget and tries hard to make ends meet. Over the summer she had encountered some trouble meeting all her expenses. One expense she was worried about was her pharmacy bill. She sent a letter explaining her situation and asking that the pharmacy be patient. She would make the payment when she could. She heard nothing, until a collection agency sent her a bill, to be paid in full, for $200. She was worried that she was about to be sued. Although she was fully aware of her responsibility to pay the bill, she was unable to pay the entire amount. I contacted the pharmacy on her behalf, explained her position, and asked that we work out an arrangement for the client to make payments. The pharmacy, after considering my client's position, accepted a payment arrangement of $10, $30, to $50 per month until the bill is paid in full. They made the arrangements through the collection agency. My client is happy that she is able to avoid a bad credit report and possible litigation.
Tuesday, November 23, 2004
Federal Budget for Aging FY05
According to the National Association of State Units on Aging (NASUA) , both House and Senate have passed omnibus spending bills covering all the remaining federal budgets for FY2005. The final conference report includes a cut of .8% for all non-defense non-security spending, so OAA funding will be subject to that reduction. After the cut $1,393,396,928 will be allocated for OAA, a small increase over last year's appropriation of $1,373,917,000.
Friday, November 19, 2004
Case of the Week: 11/15/04
County: Monongalia
Age: 79
Our client was approached earlier this year by the adverse party requesting that she sell her home. Our client felt pressured by the adverse party to sell her home, even though she never put it on the market. The adverse party had her to sign an Offer to Purchase and accepted $1,000 as earnest money. The next day, after considerable thought, she decided not to sell. Pursuant to the Agreement, my client returned the earnest money and told the adverse party that she no longer wished to sell. Shortly thereafter she received a letter in the mail from the adverse party's attorney stating that she was obligated under the Agreement to sell her home and if she failed to establish a closing date he would sue for specific performance. He kindly enclosed a proposed complaint. After reviewing the complaint, contract in question, and the facts, I surmised that she acted accordingly under the Agreement by returning the earnest money and notifying the adverse party of her intentions not to sell. I drafted a letter to the adverse party's attorney stating the client's defense, noting the specific provisions under the Agreement that applied. Since that time, the attorney has not filed the proposed complaint. My client is relieved that she can keep her home.
Age: 79
Our client was approached earlier this year by the adverse party requesting that she sell her home. Our client felt pressured by the adverse party to sell her home, even though she never put it on the market. The adverse party had her to sign an Offer to Purchase and accepted $1,000 as earnest money. The next day, after considerable thought, she decided not to sell. Pursuant to the Agreement, my client returned the earnest money and told the adverse party that she no longer wished to sell. Shortly thereafter she received a letter in the mail from the adverse party's attorney stating that she was obligated under the Agreement to sell her home and if she failed to establish a closing date he would sue for specific performance. He kindly enclosed a proposed complaint. After reviewing the complaint, contract in question, and the facts, I surmised that she acted accordingly under the Agreement by returning the earnest money and notifying the adverse party of her intentions not to sell. I drafted a letter to the adverse party's attorney stating the client's defense, noting the specific provisions under the Agreement that applied. Since that time, the attorney has not filed the proposed complaint. My client is relieved that she can keep her home.
Friday, November 12, 2004
Case of the Week: 11/08/04
County: Gilmer
Age: 65
Our client is a 65-year-old lady who has gone through a chapter 13 bankruptcy. Our client faithfully made the required payments to the bankruptcy trustee as ordered by the court. She looked forward to the day that she would make that final payment. When that day came, she proudly wrote "Paid in Full" on her check and thought that she was finally free from the whole ordeal. Four months later, however, she received a notice that she was behind on her payments and that she needed to make 15 more installments. She was surprised, because she knew she had paid all the installments. Moreover, she received a check from one of her creditors for an overpayment. Not knowing what to do she called us. I contacted the bankruptcy court and spoke with their staff attorney. After reviewing her bankruptcy file, and speaking with the trustee, we surmised that only one more $50 payment needed to be made for her case to be closed. I advised the client to send her $50 payment to the trustee with "Paid in Full."
Age: 65
Our client is a 65-year-old lady who has gone through a chapter 13 bankruptcy. Our client faithfully made the required payments to the bankruptcy trustee as ordered by the court. She looked forward to the day that she would make that final payment. When that day came, she proudly wrote "Paid in Full" on her check and thought that she was finally free from the whole ordeal. Four months later, however, she received a notice that she was behind on her payments and that she needed to make 15 more installments. She was surprised, because she knew she had paid all the installments. Moreover, she received a check from one of her creditors for an overpayment. Not knowing what to do she called us. I contacted the bankruptcy court and spoke with their staff attorney. After reviewing her bankruptcy file, and speaking with the trustee, we surmised that only one more $50 payment needed to be made for her case to be closed. I advised the client to send her $50 payment to the trustee with "Paid in Full."
Saturday, November 06, 2004
New state ADA office website
Our state ADA coordinator has a new website. It has a notably nice web feature that enables the surfer to choose the size and face of the font for the text on the pages. Substantively, the site has some pretty easily-understood explanations of various aspects of the ADA, and how it can apply. There are also links to several disability-related state laws in WV and other resources for information and adjudication of complaints.
Monday, November 01, 2004
Case of the Week: 11/01/2004
County: Monongalia
Age of client: 88
Our client is an elderly lady on a fixed income. She owns two houses. She has been renting one of the homes to a relative and her boyfriend for $150/mo. She agreed to rent the house during the summer of 2003 and did so to help her relative out. When our client contacted me, the "renters" were eight months behind on the agreed upon rent. On several occasions she contacted the adverse party and requested payment. She also notified the adverse party of her intent to sell the house and requested that they leave. The adverse party never responded to her requests and she felt thoroughly taken advantage of. I sent a letter on our client's behalf asking the adverse party to leave the house by November 1, 2004. If they failed to do so, I would then advise the client to take appropriate legal action. The adverse party responded immediately and have since vacated the house. My client can now proceed with selling the house.
Age of client: 88
Our client is an elderly lady on a fixed income. She owns two houses. She has been renting one of the homes to a relative and her boyfriend for $150/mo. She agreed to rent the house during the summer of 2003 and did so to help her relative out. When our client contacted me, the "renters" were eight months behind on the agreed upon rent. On several occasions she contacted the adverse party and requested payment. She also notified the adverse party of her intent to sell the house and requested that they leave. The adverse party never responded to her requests and she felt thoroughly taken advantage of. I sent a letter on our client's behalf asking the adverse party to leave the house by November 1, 2004. If they failed to do so, I would then advise the client to take appropriate legal action. The adverse party responded immediately and have since vacated the house. My client can now proceed with selling the house.
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