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Archive for June, 2008

Dispute Fraudulent Bank Transaction

Thursday, June 5th, 2008

Thanks to the incredible changes the Internet has brought on the world of banking and credit cards, people now check the balance and the transactions on their accounts much more frequently than they ever have before. It wasn’t that long ago that the only time you saw a list of bank transactions on your account was when you got your paper statement in the mail. For this reason, most banks are now significantly more forthcoming when it comes to reimbursing customers for fraudulent transactions on their accounts, since people tend to catch them so much sooner. However, if you do catch a fraudulent transaction on your bank account, some banks require a formal letter to be written and handed in. Here are a few tips for writing a formal dispute of a fraudulent bank transaction.

First, it is important to note that if you spot a fraudulent transaction on your account, pick up the phone right away and call your bank and let them know. They will tell you if they require a letter written. Letters like these are becoming less and less popular since so many banks now offer no questions asked fraud protection.

Start your letter off in general formal style with the address of the bank first and then your address below. Next, start with a formal opening and simply state your name, account number and that a fraudulent transaction has appeared on your account and on what day.

Next, make sure you state when you saw the fraudulent transaction for the first time and how long it took you to contact the bank and let them know. If you recently lost your wallet or if you feel that your account was breeched and you are aware of the exact moment that happened, tell the bank. If you lost your wallet and you never contacted your bank that there could be a breech, you may not be able to get your money back as it is your responsibility to notify the bank when there is a problem such as this.

It also helps to mention the final transaction you were responsible for making before and after the transaction in question. Finally, make a formal request that the funds that were spent on the fraudulent transaction be returned to you in full as soon as possible. Sign the letter and either hand deliver it or mail it to your bank as soon as possible.

Since the experience of having your account compromised can lead to anger, it is a common mistake to write this letter to your bank with an angry or frustrated tone. That is a mistake. Chances are, it wasn’t your bank’s fault that this transaction happened, so don’t take it out on them. Write the letter with a neutral but firm tone and try not to let any emotion at all enter into it.

Having unauthorized transactions show up on your bank account is never fun, but it doesn’t have to be the end of the world, either.

ID Theft Affidavit

Thursday, June 5th, 2008

Having your identity stolen can be one of the scariest and most devastating things that can happen to a person, but there is a way you can fight back. Once you’ve contacted the police, your bank, credit cards and credit bureaus, you will be required to fill out a form known as an ID theft affidavit. This is a legally binding document that you must swear that all of the information you give is accurate and truthful. Take as much time as you need to fill out this form as it is extremely important. Here is a quick walkthrough that will go through what you can expect when you fill out an ID theft affidavit.

You will start by stating your full legal name and any other legal names that you might have gone under during your life. If you haven’t changed your name or if you are unmarried and have no maiden name, you can skip the second part of this section. Next, you will be asked for your date of birth and your social security number. You will then be asked to give your driver’s license number or the number on your state ID card or even a federal passport. You will then be asked to state your address and how long you have lived at that address. If the identity theft happened while you lived at an address different than the one you stated, you will be asked to give that address as well. You will also likely be asked how long you have lived at that address and what your current home phone number is and your cell phone number, if you have one.

As the form progresses to multiple pages, you will likely be asked to place your name and social security at the top of each page so that there is no chance of confusing your forms with anyone else’s.

The next part of the form will vary from type to type, but in general, you will be asked to identify how the fraud occurred and what exactly happened. Some popular forms use a checklist that you simply tick off each thing that has happened to you, such as, “someone used my name without my authorization, someone used my credit card without my authorization,” etc.

You will then be asked to identify the person who has stolen your identity, assuming that you’ve been able to identify the person or that it is a person you know. In most cases, identity theft isn’t done by a person someone knows, but you will likely still be asked by law enforcement.

There will also be a section for extra comments where you can go over in detail what else has been compromised due to the identity theft. You will likely be asked if you are willing to testify against the person and how cooperative you plan on being with the investigation.

Having your identity stolen is scary, but with the right forms, you can fight back and take control of the situation.

Response to IRS Notice

Thursday, June 5th, 2008

Ask anyone who has ever dealt with the Internal Revenue Service before how frustrating it can be, and you are likely to receive a pained look and a lecture on how mind numbing the whole experience was. If you need to write a response to an IRS notice, here are a few essential tips for what is a fairly straight forward correspondence.

If you receive an IRS notice in the mail, this means that they are likely adding more unreported income to your tax return, which would either reduce your refund or increase the overall amount of money that you owe. The first thing you need to remember is to never write a letter to anyone, especially the IRS, angry. Every year, the IRS processes millions of returns, and every year, they get a bunch of them wrong, so there is always a chance that the letter is an error to begin with, but that doesn’t give you permission to ignore it. You must answer the letter by the due date listed and here is what you should include in it.

Start the letter like you would any formal letter with the address to the IRS office at the top and the address for you underneath. Give a formal introduction and then simply state that you are disputing the findings in the letter you received. In most cases, the letter is because the IRS believes that you underreported income on your form. You are disputing that, so you will need to explain why you feel that way, and most important of all, you will need to attach proof of your claims so that it isn’t just your word against theirs. Make sure you clearly spell out your reasoning and mention the fact that you have attached proof that backs up what you’re saying. Your tone here is very important. You need to stay positive and upbeat, and not accusatory or angry in any way.

It is important to state that you never, ever attach any original documents. Send in high quality photocopies at all times. Also, there is a chance that if the IRS finds multiple instances of unreported or under reported income on your tax form, they will likely send you multiple letters. You can use a template for each letter but make sure you personalize each one enough so it is authentic, and make sure you attach as much proof you have of your claims, otherwise, your response is essentially pointless.

Another helpful tip for dealing with the IRS, don’t be surprised if this issue is prolonged and protracted. It isn’t a slight against you in any way, you are simply dealing with a huge bureaucracy that is extremely inefficient. This is why you never send originals because you might have to send all of this again. Make sure you save your letter that you type up so you can simply print it right off again if need be.

Response to IRS penalty

Thursday, June 5th, 2008

If you have found yourself in the unfortunate position of going around and around with the Internal Revenue Service, you know how dizzying and frustrating it can be, especially when you know that you’re right and they are making a mistake. However, this seldom stops the IRS from declaring themselves the winner and sending you the dreaded IRD penalty letter. This is essentially the IRS telling you that you are responsible for paying more on your taxes or giving back part of your refund, but just because the IRS has declared victory doesn’t mean that you have to give in. You can send a letter back to the IRS known as a response to an IRS penalty letter that once again goes over your position, provides proof of the points you are making and is basically a last ditch appeal before the IRS decision becomes final. Let’s take a look at how this works.

Start the letter just like you would any formal letter. Put the address of the IRS bureau that you’ve been dealing with at the top and then your address underneath. Use a formal greeting and then state your situation and the fact that you are responding to the letter you received. You’ve likely been assigned an account number, or it could simply be your social security number, so make sure you use that number throughout. Once you’ve stated your situation and you express an interest in protesting the bureau’s findings, state your points one by one. If you can attach proof for each point, refer to each attached document or documents by name. Make sure that you name, social security number and account number are on every single document you attach.

It is important to stay positive with your letter, even if this is the 20th time you’ve had to write the IRS. They likely know that you’re frustrated so getting angry isn’t going to accomplish anything. In the same vein, don’t try t be overly nice with your letter, that’s equally as inappropriate.

Hopefully, you’ve not attached any original documents at any point during the process that has gone on so far. If you haven’t, than continue to make photocopies of documents that you feel back up your point and attach them. It can be a bit frustrating paying the postage, especially if you are sending in dozens of documents to back up your point, but the more proof you send, the better.

A final tip, keep a record of all of your correspondence with the IRS. If you should ever be scheduled for an in-person hearing on your situation, it is a smart idea to show everything that you’ve sent in and how you’ve responded to every letter sent. Consider it a show of good faith that can pay off later on down the road.

There is no question that dealing with the IRS can be frustrating, but perseverance pays off, so don’t give up.

Stop Payment on Check

Thursday, June 5th, 2008

With more and more of us using debit cards on a daily basis, writing checks is becoming a thing of the past. Some transactions, however, still require a check to be written, which means that there is always the chance that you will have to stop payment on a check. Of all of the unreasonable banking fees that banks still charge today, maybe the most unreasonable is for a stop payment on a check. Some banks even require a letter written by a customer for a stop payment on a check to become official, although this practice is all but stopped. If your bank or credit union does require a letter, here is what you should include in it.

First, make sure that at any point during your statement where you use your name, include your account number with the bank. They likely don’t know you via your name so your account number is the only sure fire form of ID that you have.

Start the letter to your bank with your complete name, address, account number and the check number that you wish to put a stop to. In the first paragraph of your letter, simply state that the check was written for a particular purpose and that you wish to put a stop on it so that it isn’t paid out. You don’t really need to state a reason why you are doing this, just that you wish to put a stop on the check. The paragraph doesn’t have to be long or complicated, simply sign the letter at the bottom and you are essentially finished.

It is important to ask your bank on the phone when you call to put a stop on your check what they require in the letter. It is likely that your bank or credit union has their own set of terms that need to be honored for the stop check to be finalized. There could also be terms that need to be honored in your particular state or jurisdiction.

One important note that you need to ask you bank about is that some stop check requests have a time limit on them, frequently a year or sometimes just six months. If you believe that the person who you sent the check you’re stopping to will attempt to deposit or cash it at a later date, you will need to continue to issue stop check requests every six months to a year from the time the check was written. Make sure you ask your bank how long that check is good for so you know when you can stop sending out stop check requests.

If you are stopping a check you wrote to a business, it is probably a good idea to report that business to the local Better Business Bureau or even to law enforcement if you feel that they are engaging in deceptive advertising. If they have ripped off you, they have likely ripped off many other people as well.

Eviction Notice

Thursday, June 5th, 2008

While an eviction notice is a legal document that you don’t ever want to have to write or receive, they are a necessary legal tool that any landlord needs to know how to compose and any tenant needs to know how to deal with. In short, an eviction notice is used when a tenant has violated the terms of their lease to such an extent that the land lord has no other legal option available other than evicting the tenant from the premises. Laws regarding when an eviction notice can be given, how they have to be written and what can be done to fight them vary wildly from state to state, so check with the jurisdiction you live in to find out the finer points of writing or accepting an eviction notice.

Most eviction notices can be broken into two main categories, eviction with cause and eviction without cause. If you are looking to give or receive a termination with cause, that means that the tenant has done something to directly cause themselves to be evicted. It could be a situation where illegal activity was occurring in the rented space or it could be something as simple as keeping a pet even though the lease expressly forbade pets. Landlords have two choices when it comes to issuing eviction notices with cause. They can give the tenant one last try to fix the situation or they can simply cut ties and require that the tenant be out in 30 days. In the case where the tenant is given one more chance, they usually have five total days maximum to repair the situation and then the eviction notice can be withdrawn.

If you are looking to give an eviction without cause, the procedure works a little differently. This sort of eviction can be given if there is currently no lease between tenant and land lord or if the lease is set to expire. In this case, most state and local laws require at least a month’s notice, although some require up to three months for the tenant to find a new place since they are being evicted through no fault of their own. State laws in this situation can actually be trumped if you own or run a property that is assisted in any way by the government. Check with the laws in your area.

If the main cause of the eviction is a non payment of rent, many states and locals have much more landlord-friendly laws in place to help out landlords who need rent to stay solvent.

To find a legally written eviction notice for your state or local, you can easily find one online and many sites have free ones that can be downloaded as PDFs and printed out, that way, you don’t have to enlist the help of expensive lawyers to write up a fresh eviction notice every time you need one.

Although both residents and tenants hope that they will never really need an eviction notice, it is helpful to know the laws in your area.

Landlord’s Notice to Enter

Thursday, June 5th, 2008

Depending on where you live, there are strict laws on the books that govern when your landlord can enter your unit once you’ve begun renting it. While the laws are different even within various states and provinces, the general rule is that written notice must be delivered at least 24 hours prior to entry, especially if the tenant is not going to be home at the time of entry. Let’s take a look at what one of these simple landlord notice to enter contracts looks like.

In most jurisdictions, a landlord notice to enter contract can fit onto a 3 by 5 card so you can imagine how simple they are to prepare and fill out. The notice must include the address and name of the tenant (or, in the case of a multi-unit building, the suite number), the date and time that the entry is being done and the exact reason for the entry. In most cases, a notice to enter is done to fix something in the unit that was requested by the tenant themselves, although there can be any number of legal reasons why an entry can be done, such as to test fire alarms.

There are times when a landlord may enter into your unit with no notice at all, but these circumstances are few and far between. If your landlord smells smoke on your floor or inside your unit, they can legally let themselves in to see if there is a fire. In a case such as this, many jurisdictions require that a card be left behind notifying the tenant that an entry was made into the suite, at what time and why. If no notice is left notifying the tenant that an unauthorized entry was made into their suite, legal action can likely be taken by the tenant so that it never happens again.

There are other situations where a landlord can enter into a rented space without permission, but with notice, such as when the landlord needs to show the unit to others to rent it out. There could also be a scenario where city inspectors need to inspect the unit on short notice. Even in a case like this, 24 hour notice is supposed to be given each and every time.

Landlords can also enter a rented space with notice but without permission for pest control reasons, although some jurisdictions forbid this practice.

A fine line is walked by many landlords who choose to enter into a unit that they believe might have become abandoned or if they have not been able to contact the tenant for an extended period of time. As long as rent has been paid, the landlord, under most circumstances, can’t just enter the rented space without believing an emergency is taking place.

While it may seem like a simple procedure on the surface, a landlord notice to enter agreement can be quite complicated. Make sure you have a working knowledge of the laws and regulations in your area before you rent out your first space.

Late Rent Notice

Thursday, June 5th, 2008

Being a landlord means having a multitude of legal forms on hand at all times, even if you don’t ever get to use them, however, chances are, you will need a late rent notice at one point or another. While a late rent notice sounds like a fairly simple legal form to write out, it still requires a specific wording for it to be legally binding.

A few caveats here, first, rules and laws concerning collection of late rent vary wildly across the United States. Not only can laws change from state to state but they can even vary within a state as local laws can sometimes have influence. If you haven’t already, familiarize yourself with the laws in your jurisdiction so you know what your rights are and what the rights of your tenant are.

As for writing a proper late rent notice, you can use a template downloaded from the Internet, but it is important to note that any template that you might use may not be completely accurate for your area. If you do decide to use a template, make sure it was written specifically for your state.

First off, there is no point in writing a late rent notice if you can’t be completely sure it is seen. Therefore, the letter must either be hand delivered, not set inside a screen door, actually, physically handed to your tenant, or it can be mailed via certified mail so that your tenant has to sign for it. That way, you have provable evidence that your late rent notice was received.

Next, make sure you use proper names throughout. If your tenant has a nickname or if you go by a nickname, don’t use it as this is supposed to be a formal, legal letter. In the first paragraph, make sure you spell out exactly what the letter is for, how much rent they owe, how overdue it is and if you have attempted to collect or contact them previously. Make sure that any claims you make are backed up by the lease that both of you signed. In the next paragraph, you can outline collection procedures and if there are late fees that are mounting daily or not. You need to give the total balance due at that point and tell your tenant how and where they can pay you to clear any balance owed.

Finally, make sure you clearly spell out the consequences of not paying the total balance by a certain date. If you know the laws in your area for how they pertain to eviction, you can include that information, as well. Most jurisdictions allow evictions to happen much more quickly if there is a late rent or no rent situation, as opposed to other forms of eviction that require a one to three month notice.

No landlord ever hopes to have to write a late rent notice as most landlords genuinely like their tenants and wish them nothing but the best, but if you need to write one, this guide should help.

Security Deposit Refund Letter

Thursday, June 5th, 2008

One of the biggest bones of contention that many landlords and residents have is regarding the security deposit. In almost every case, refunding part of or all of a security deposit is based on conjecture, and in almost every case, the tenant believes they left the apartment or rental space in much better condition than the landlord did. However, when it comes time to refund part of or all of the security deposit, it helps to have a handy letter already made up that you can enclose a check with. This can be and should be an extremely simple letter, especially if you aren’t withholding any of the deposit. If you are, it only gets slightly more complicated.

To start, try to print the letter on any type of official letterhead that you might use or at least on personal stationary so that there is no doubt that the letter came from you. Next, just as you would with any formal letter, start with the address of your tenant followed by your address. At the start of the letter, simply state that this is their security deposit (or pet deposit or both) return for the time that tenant rented from you (state the full time of occupation). If the unit was returned to you in pristine condition, state that everything is in good shape and that they are receiving 100 percent of their original deposit. Thank them and sign.

Now, if you feel it necessary to withhold part of or all of the security deposit, you will need to include a bit more detail. Start with any violations that you feel cost your tenant their security deposit. If you can, include pictures (digital or Polaroid, don’t send originals) of the damage that you feel cost them part of or all of their security deposit. Also, thanks to the magic of cut and paste, try to include the exact clauses in the lease that you feel they violated. The more proof you include in your security deposit refund letter, the better off you’ll be.

Now, unless your tenant has already agreed to take less of their deposit back, you will likely face a few angry phone calls or even a call to small claims court, so if you have any physical evidence left over, make sure you record it and document it because you will likely need it later on.

If you required your tenant to leave more than one kind of deposit, such as a pet deposit or another kind of deposit, you might want to write a separate letter, using the same essential style and template as the one described above, for each deposit. Many landlords require a separate pet deposit left, while others charge other kinds of deposits based on what their tenant does.

As you can see, a security deposit refund letter is a pretty straight forward way of communicating with your tenant, but if you feel it necessary to keep part of or all of the security deposit, you will find this kind of letter to be a bit more complicated.

Tenant’s Notice to Terminate Tenancy

Thursday, June 5th, 2008

Thanks to the incredible world of the Internet, people can now find legal forms and templates for just about anything with a simple Google search. However, since laws and regulations change so much from state to state or from province to province, you may find a form that’s perfectly legal in Indiana, but not in Ohio. Let’s take a look at all of the important information that should be included in a tenant’s notice to terminate tenancy letter.

No matter how friendly you are with your landlord, when it comes time to move on, you should consider typing up a notice to terminate tenancy letter. You can never tell when a seemingly friendly relationship will end up turning nasty due to money matters or for other reasons, so it’s smart to cover your back.

When starting out a formal letter like this, you should use a formal letter style. Start with the address of your landlord, followed by your address. Use full, formal names here, not nicknames. Simply state in the first paragraph that you are wishing to terminate your tenancy on a certain date, and make sure you quote your lease agreement (either written or oral) that requires one month or three months notice so there is no question about you giving enough notice.

You don’t have to give a reason why you are terminating your tenancy in your letter as long as you are abiding by your lease and giving enough notice. If you are wishing to terminate your tenancy before you are legally allowed to due to your lease, you might want to include the extenuating circumstances for your decision, but you should be aware that your landlord has you over the proverbial barrel in this case. They can “be a nice guy” and let you out of your lease, but if they don’t want to, you will have to make whatever payments your lease requires you to make so you can leave early.

Unless you have completely junked the apartment you were living in, most tenants expect to get most if not all of their security deposit back once they move out. Many tenants fear that by leaving an apartment and angering their landlord that they will somehow lose part of their deposit. That’s why it is always a good idea to go above and beyond when it comes to cleaning up your unit before you leave. Even if your lease doesn’t state that the carpets need to be cleaned, clean them. See if you can get some paint and cover up any holes or marks on the wall, or use a Magic Eraser and go around and clean off any scuff marks. It may sound like a lot of work but when most people have the choice of doing this for a few hours or not getting their deposit back, most people put in the work.

Your lease should outline how long after you move out that you have to wait to get your deposit returned to you in full.