CPLS and Morgan and Morgan have partnered in an action against Bank of America to force the Bank to credit payments made by consumers to their credit card accounts upon receipt by Bank of America. The named plaintiffs, Jennifer Mendoza and Heydee DeLeon, both had credit cards with Bank of America. They both made payments on their cards on a Saturday at a Bank of America Banking Center on or before the date due, but Bank of America did not credit their accounts until the following business day, causing a $39 late fee, despite the express terms of the Bank’s credit card agreement which requires the Bank to credit the payment upon receipt. Bank of America moved to dismiss the case, but a Federal Judge refused to dismiss the case, finding that there is a valid case for Breach of Contract. The plaintiffs seek to have the case certified as a national class action so that they can stop the Bank from violating the terms of their contract. For more information, please contact Cynthia Conlin, Esq. at cconlin@cplspa.com
Archive for November, 2009
Bank of America sued for not crediting payments to credit card accounts upon receipt
Saturday, November 28th, 2009When Landlords Try to Remove a Tenant through Self Help in Florida
Friday, November 27th, 2009Almost any Floridian who has endured a hurricane has learned the enormous discomforts and inconveniences of living without electricity or water, even if for only a day. Televisions, electric stoves, water heaters, microwaves, and more are off limits. Moreover, refrigerated food goes bad, and when the temperatures drop, cold showers are unbearable.
Occasionally, landlords, knowing too well the grim reality of these discomforts and having residential tenants they want to get rid of, will take what they think is the “easy” route to kicking out a tenant (rather than filing a formal eviction action) by disconnecting the tenant’s electricity or water. This act, a type of “constructive eviction” (or self-help eviction), is against the law in Florida. Section 83.67(1), Florida Statutes, provides that a residential landlord “shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by, the landlord.”
When residential tenants are the victims of constructive eviction, Florida law allows for them to fight back against the landlord by asking the Court to order the landlord to reconnect the electricity. The law also allows a tenant who is successful in such an action to recover reasonable attorneys’ fees.
In some constructive eviction situations, even the utility company can be found liable. For instance, take a situation where the utility company has actual knowledge that the landlord is disconnecting the utilities for the purpose of getting rid of a tenant and that a tenant family, for example, a single mother and four children, are still living in the house. Most courts will find that a utility company is required to act with the same duty of care that a reasonable person would exercise given the consequences of a shut-off. This duty of care is heightened by the fact that electric and water services are essentials of life.
Furthermore, many courts, especially in cases where the utility company is city-owned, have held that residential tenants have a constitutionally protected interest in continued utility service and therefore may not be deprived of this service without receiving reasonable notice. Imagine a situation where the utility account is in the landlord’s name, but each month the tenant pays the utility company directly. One month, the tenant pays the utility bill but not the rent. The landlord, angry for not having received the rent, telephones the city-owned utility company to disconnect the tenant’s electricity and water. The utility company obliges, because the landlord is the accountholder, and it fails to give notice to the tenant.
In this scenario, the tenant, who had paid the utility bill prior to its wrongful disconnection, has a legitimate interest in the continued enjoyment of the utility service for which she paid. Because a constitutional violation occurs when a government agency fails to provide due process, many courts would find the city-owned utility company in this scenario liable for having violated the tenant’s constitutional due process by having disconnected the tenant’s utilities without notice to her.
Every situation is different, of course, and not all amount to violations. Regardless, where a landlord who commits some sort of act of constructive eviction, a tenant should, at the very least, consult with an attorney who will be able to inform her of her legal rights and options.
CPLS, P.A. launches its PREFERRED CLIENT PROGRAM to help clients manage costs
Friday, November 27th, 2009Our PREFERRED CLIENT PROGRAM is an alternative to traditional billing; it is designed to help our clients manage their costs without compromising the legal services they receive. Enrollment in the program requires an annual commitment and an automatic payment commitment (credit card, debit card, ACH debit). The following are packages available for individuals and businesses:
A. Package A – Individuals – $50.00 per month (Bank Draft or Credit Card Authorization Required)
Phone consultations on unlimited matters. As a Client, you can consult with a designated lawyer at CPLS, P.A. by phone during regular business hours on any matter, for up to 30 minutes per day.
Monthly In-Office Consults. As a Client, you are entitled to one in-office consult per month on any matter during regular business hours, for up to 30 minutes each.
Reduced Attorneys Fees on Flat Fees & Hourly Fees. As a Client, if you retain CPLS, P.A. to represent you on any matter on an hourly fee or flat fee basis, you will receive a 10% discount on all attorneys fees charged and billed
Reduced Attorneys Fees on Contingency Fees Cases. As a Client, you will not be charged more than 30% of any recovery for attorneys fees on any case in which CPLS, P.A. represents you on a contingency fee basis.
Reduced Fees on Estate Planning Documents. As a client, if you retain CPLS, P.A. to prepare any estate planning documents, you will receive an additional 15% discount on the fees charged and billed.
Jail Visit. As a client, you are entitled to one free in jail visit, if arrested and held in any of the following counties in Florida: Orange, Osceola, Seminole, or Lake.
Demand Letter. As a Client, you are entitled to receive two demand letter per year, non cumulative, free of charge, after 3 months of membership.
B. Package B –Family Members – $100.00 per month (Bank Draft or Credit Card Authorization Required) - As a Client, you and your immediate family members (your children and your spouse) are entitled to all benefits of Package A above, so long as there is no conflict of interest with any of CPLS, P.A.’s other clients, including you.
C. Package C – Small Businesses Value Program – $250.00 per month (Bank Draft or Credit Card Authorization Required) – As a client, your business is entitled to receive $400.00 of CPLS, P.A.’s timekeepers’ time per month, non cumulative. Any time beyond the time will be billed at CPLS, P.A.’s normal hourly rates.
D. Package D – Small Businesses Added Value Program $500.00 per month (Bank Draft or Credit Card Authorization Required) – As a client, your business is entitled to receive $900.00 of CPLS, P.A.’s timekeepers’ time per month, non cumulative. Any time beyond this time will be billed at CPLS, P.A.’s normal hourly rates.
E. Package E – Medium-Sized Businesses Value Program $750.00 per month (Bank Draft or Credit Card Authorization Required) – As a client, your business is entitled to receive $1,500.00 of CPLS, P.A.’s timekeepers’ time per month, non cumulative. Any time beyond this time will be billed at CPLS, P.A.’s normal hourly rates.
F. Package F – Medium-Sized Businesses Added Value Program $1,000.00 per month (Bank Draft or Credit Card Authorization Required) – As a client, your business is entitled to receive the $2,000.00 of CPLS, P.A.’s timekeepers’ time per month, non cumulative. Any time beyond this time will be billed at CPLS, P.A.’s normal hourly rates for timekeepers.
FOR MORE INFORMAITON ABOUT OUR PREFERRED CLIENT PROGRAM, SEND REQEUST TO INFO@CPLSPA.COM
What About Your Assets After Bankruptcy?
Friday, November 27th, 2009As a Bankruptcy attorney, every day I come across people interested in learning about the Bankruptcy process. In most of these cases, they are interested in learning whether or not they would lose all of their assets after the filing of a bankruptcy case. The simple answer is that yes under Chapter 7, except that they will be able to retain only those assets that they will need in order to obtain a fresh start; under Chapter 13 they will be able to retain all their assets if they successfully complete their repayment plan.
Bankruptcy is a legal process started by an individual wishing to obtain the benefits that the Bankruptcy Code provides. For individual debtors that are two possible relieves provided by bankruptcy: (1) liquidation under Chapter 7 and (2) reorganization of financial matters under a Chapter 13 or 11. The purpose of a Bankruptcy process is two fold: (1) a new beginning for the debtor and (2) equity among creditors.
The Bankruptcy process starts with the filing of a voluntary petition, along with the filing of additional documents that have the purpose of presenting the debtor’s detailed financial situation. Once the petition is filed, the automatic stay starts. This allos for the stay of any collection effort against the debtor. Approximately 30 to 35 days after the filing, a meeting of creditors is held. In the majority of the cases, a discharge is received 90 days after the meeting.
Exempt Property:
Once the Bankruptcy process is started the bankruptcy estate is created, which consists of all interested that the debtor has in any property at the time of the filing of the petition. However, there are several types of property that is considered exempt, therefore the debtor will be able to retain them. The Bankruptcy Code provides a list of exempt property, however Florida opted out of these exemptions. In the State of Florida the following property is considered exempt:
1. Homestead: The debtor’s residential property is considered exempt, except against those creditors to whom the debtor granted an interest in the property;
2. Up to $1,000.00 of personal property;
3. Up to $1,000.00 in a motor vehicle;
4. Wages up to a maximum of $500 weekly. Once these have been deposited in a financial institution, they will remain exempt for aperiod of 6 months; and,
5. Certain benefits, retirement plans, and other non tangible assets are also exempt (e.g., alimony, child support, medical savings plans).
Bankruptcy is a right that has been granted every individual and provides the opportunity of a new beginning. Before seeking the relief that this process provides, it is important that each individual analyze his or her options and become informed about the process, including the advantages and disadvantages of the same.
For more information please send us an email at info@cplspa.com