Call for Action - Talk to A Lawyer (FREE) April 4, 2019

Steve Hofer will be giving free 1-on-1 consultations on a walk-in basis at the John Boner Center in Indianapolis on April 4 as part of the Money-Smart week activities.  Here is the information.

General Information

What:  free, in person Indy Star Call for Action/Talk with a Lawyer event (person with an individual question can meet 1:1 with a Call for Actionvolunteer and then if has a legal issue to discuss, with a volunteer attorney) , live educational presentations on various topics, information table, light refreshments

When:  April 4, 5-7:30p

Where: John Boner Neighborhood Centers, 2236 E. 10th St.

Who: for individuals in the community wanting to learn more about the topics, meet with Call for Action Volunteer about an issue or dispute, and/or who are in need of an attorney consultation about individual non-criminal legal issues

Why:    to educate individuals about their rights, provide other legal/financial information and resources and to help address access to justice in our community through the 1:1 consults

Sponsored by: Indy Star Call for Action, Indiana Legal Services, Inc. Consumer Advocacy Project and partners: John Boner Neighborhood Centers, Hawthorne Community Center, & Southeast Community Services; Heartland Pro Bono Council,and Indiana section of National Association of Consumer Advocates

Have you been sued in Indiana by Automotive Finance Corporation?

We have experience representing dealers and guarantors who have been sued in Indiana by Automotive Finance Corporation.  Feel free to call us. 317-662-4529 

"How do I get out of the KO book?"

"How do I get out of the KO book?" This is a question that I've been hearing over and over again. I am working on a set of strategies, and I think the answer is going to be different for different people. If you as an individual have been turned down for employment in the auto industry because of the KO book, or if you have been fired because of the KO book, please call me at 317-662-4529.

Court of Appeals Reverses Denial of Class Certification in Red Barn Motors v Nextgear case.

In the Red Barn Motors v. Nextgear Capital Inc. case the 7th Circuit Court of Appeals reversed a district court ruling denying a motion for class certification.  This means that the plaintiff dealers have the chance to form a class to seek recovery for all dealers in the same shoes.  What are the allegations?  The primary allegation is that Nextgear charged interest during a time-period when they had not yet advanced money. 

This is not my case. This case was filed long before I started taking cases involving Nextgear. Even so, I am glad the plaintiff's lawyer prevailed on this issue.  Here's a link of a writeup on the case. 

My office regularly defends dealers when they are sued by Nextgear. We will try to figure out the best way to use this ruling to our advantage in our defensive cases. 

Are you facing a garnishment by Palisades Acquisition XVI, LLC? - You may have defenses you don't know about

For several years now we have been fighting a case I call the Case of Great Seneca's Ghost.  Without getting into the boring part, A company named Palisades Acquisition XVI, LLC asserts that it is the legal owner of a batch of accounts that originally had a face value of $6.9 billion.  The catch is Palisades Acquisition XVI has had a history of problems proving proper assignment of these accounts when challenged. What this means is that if you find out that Palisades Acquisition is trying to garnish your paycheck, you may have success in challenging it in court - if you get a competent attorney.  If you are in Indiana, you can contact us. If you are in other states, contact a NACA attorney at www.consumeradvocates.org/find-an-attorney.  You can tell the NACA attorney that Steve Hofer in Indiana referred you, and I will fill your attorney in with the details of what challenges might be most useful. 

Buffalo New York "Bottom Feeder" Debt Collectors are at it again - $22 million dollar scheme ends in guilty plea

A man named Carmelo Collana plead guilty to wire fraud and now faces up to 20 years in prison for his part in a scheme that may have collected $22 million on what were largely fake debts. In fact, the scheme participants may have collected the same accounts against the same people multiple times, and used threats of arrest and intimidation to do it.

Here's a little of my perspective as an attorney who has been defending consumers against debt collectors, and suing collectors who break the rules for over 25 years:  The more flagrantly the debt collector breaks the law, the less likely that you'll be able to sue them successfully for violating the Fair Debt Collection Practices Act.  The collection agencies that call on made up debts, that threaten force or arrest if you don't pay, these are criminal enterprises that aren't afraid of a lawsuit. These companies don't intend to be around in a year or two when you can get a lawsuit through the system. 

These thug companies, "bottom feeders' we call them, have congregated in the Buffalo/Niagra, New York area for more than 20 years. Why? who knows.  If you are contacted by a debt collector, take the time to learn your rights under the Fair Debt Collection Practices Act. You can use this link for information from the Federal Trade Commission right here. 

If a collector calls you, and you don't think the debt exists, you are probably right.  Make the collector provide proof. No legitimate collector will threaten you with arrest or criminal prosecution.

Hospitals Now Have to Publish their Standard Charges for Procedures

In rules promulgated under the Affordable Care Act, starting January 1, 2019, hospitals are required to publish a list of their standard charges. In the industry, this is known as the "chargemaster".  When you sign an admission form to be liable for the cost of your service, unless you have an insurance contract that specifies discounted charges, you are agreeing to pay the "chargemaster"price.  Insurance companies generally do negotiate discounts, and governmental agencies generally pay 65% of the chargemaster rates. 

This is still relevant to individuals because from time to time, there are still services not covered by insurance, either because of a policy exclusion or because the facility is out of network.  Note also that this regulation only applies to hospitals.  Facilities that aren't deemed to be hospitals and standard doctor offices aren't covered by this rule. 

https://www.appliedpolicy.com/navigating-cms-rules/new-requirements-for-hospitals-pertaining-to-chargemasters-effective-january-1-2019/

In litigation over medical bills, hospitals have fought disclosure of their chargemasters even when they have sued the patient for the bill, claiming the chargemaster is a trade secret. This new rule should be helpful in at least getting hospitals to turn over the chargemasters in defensive litigation.

https://www.appliedpolicy.com/navigating-cms-rules/new-requirements-for-hospitals-pertaining-to-chargemasters-effective-january-1-2019/