March 2017 Tip of the Month: TRAVEL BAN UPDATE

Most Recent Travel Ban

On March 6, 2017, President Trump signed a new executive order impacting visa issuance for travelers and immigrants from six countries (Iran, Libya, Syria, Sudan, Somalia and Yemen) for 90 days and all refugee processing for 120 days. It would prevent citizens/nationals from the six countries from obtaining immigrant or non-immigrant visas to enter the United States. The executive order created a case-by-case waiver process to allow for visa issuance for citizens/nationals of the six impacted countries, but it was unclear what the standards would be and how those adjudications would be handled. Among other things, it also decreased the number of refugees the United States would accept for resettlement down to 50,000 from 110,000. The executive order was to be effective as of 12:01am on Thursday, March 16, 2017.

Current Status of the Travel Ban

On March 15, 2017, Judge Derrick Watson, a federal judge in Hawaii, issued a nationwide temporary restraining order preventing the parts of the executive order relating to visa issuance and refugee processing from moving forward. Judge Watson found the executive order disfavored a religion and that Hawaii would likely win a claim under the Establishment Clause. Judge Watson cited several statements made by President Trump and his advisors as evidence that the intent and context of the executive order was to ban Muslims from entering the United States. A second judge, Judge Theodore D. Chuang with the federal court in Maryland, also issued a nationwide temporary restraining order relating to the March 6 executive order.

Read the full Tip of the Month here.

This article was authored by Kara Lynum, an immigration attorney in private practice, and a VLN volunteer, and Colleen Beebe Purisaca, Director of VLN’s Immigrant Legal Services Program.

Notary Requirements for Court Documents

Effective July 1, 2015, most documents filed with the Minnesota Judicial Branch will no longer require a notarized signature. As a result of the changes to the statute and court rules, most documents signed by clients represented by VLN volunteers no longer need to be notarized. Read more >>

Submitted by: Tom Walsh, Resource Attorney

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pdfdownload2 August Tip of the Month –Notary Requirements for Court Documents

Vacating Default Judgments in Hennepin County Conciliation Court

Volunteer attorneys who do not normally practice in Conciliation Court may be unaware that there are two different processes for vacating default judgments entered in Hennepin County Conciliation Court, depending on the amount of time that has passed since entry of the default judgment. This month’s tip provides step-by-step suggestions for how to draft motions to vacate default judgments for each process.. Read more >>

Submitted by: Glen Drew, VLN Resource Attorney

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pdfdownload2 February Tip of the Month –

Attorney – Social Worker Collaboration

As more legal services clinics are co-located at social services agencies and schools, there are also greater opportunities for social workers and attorneys to collaborate to meet their client’s goals. While there are concerns raised with such collaborations, there are also tremendous benefits: for the client, the attorney and the social worker. January’s Tip of the Month focuses on the benefits of such collaborations and provides specific examples of when such collaborations are particularly helpful. This tip also identifies limitations and potential pitfalls of such collaborations and how they might be overcome. Read more >>

Submitted by: Marcy Harris and Muria Kruger

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pdfdownload2 January Tip of the Month – Attorney/Social Worker Collaboration

Conciliation Court Update

Effective August 1, 2014, the jurisdictional cap on the amount of a claim that can be filed in Conciliation Court is increasing from $10,000 to $15,000. The limit of $4,000, still applies to claims that involve a consumer credit transaction1. Whether or not this increase will result in more attorneys filing cases in Conciliation Court remains to be seen, but now is an appropriate time for any attorney thinking of practicing in Conciliation Court to brush up on some of the major differences between Conciliation Court and District Court. Perhaps most importantly, and something of which many attorneys may not be aware, is that Conciliation Court has its own unique set of practice rules, separate from District Court rules.

Submitted by: Glendon Drew, VLN Resource Attorney

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pdfdownload2 August 2014 Tip of the Month – Conciliation Court Update

Helping Victims of Identity Theft

In 2012, there were 12.6 million new victims of identity theft in the United States—about 1 in 20 consumers. Anyone can be a victim, but certain groups are often more adversely affected because they have access to fewer resources with which to take action for protection.
Individuals must be vigilant in opening their mail, keeping track of finances and monitoring their credit cards. Fifty percent of consumers found the fraud themselves by monitoring their bank statements, and credit scores instead of being notified of the fraud by a bank or card issuer.
If a client seeking advice from you has been a victim of identity theft, there are four steps they should consider taking. Not all victims will need to take all four steps.

First, contact credit reporting agencies.

1. Obtain credit report
Everyone is eligible to receive one free report from each of the three major credit
reporting agencies once every 12 months by visiting www.annualcreditreport.com or
calling (877) 322-8228.
Instead of requesting all three reports at one time each year, space out requests every
four months. Each report will have slightly different reporting information, so it’s
important to request each report. The three major credit reporting agencies are:

a. Equifax: 800-525-6285, www.equifax.com 

b. Experian: 888-397-3742, www.experian.com

c. TransUnion: 800-680-7289, www.tuc.com

2. Review credit report

a. Look for indicators of identity theft: accounts client didn’t open, activity on
dormant accounts, erroneous personal information, or credit inquiries from
companies client didn’t contact.
b. Get fraudulent or inaccurate information removed by writing to both the credit
bureaus and the credit issuers following the instructions provided in the credit
report.

3. Place a fraud alert on credit reports by contacting one credit reporting agency, which
will alert the other two. The fraud alert will ensure that the lender takes additional steps
to verify that the client has authorized the additional credit line, credit limit etc.

a. There are two different types of fraud alert: initial, which is good for 90 days and
renewable, and extended, which is good for 7 years. In order to qualify for an
extended alert, client must have filed an identity theft report (see step three). A
fraud alert can be canceled at any time.
b. Consider a credit freeze, which prohibits the agencies from releasing credit
reports or scores without consumer authorization.

Second, contact the fraud department of companies where the identity thief has committed fraud

1. Ask a fraud investigator to close the accounts that have been tampered with or opened fraudulently, and request a closure letter.
2. Ask for thief’s application and transaction records.
3. Send written dispute including an identity theft affidavit (see below).
4. If collection agencies are involved, contact them: request the amount of debt and the
creditor’s contact information, and dispute the debt.

Third, file an identity theft report with the Federal Trade Commission

1. Submit a report using the FTC’s online form: https://www.ftccomplaintassistant.gov or
by calling 1-877-438-4338.
2. Save the complaint reference number.
3. Whether the client submits a fraud report online or by phone an “Identity Theft Affidavit” will be created from the information provided.

a. If submitted online, print the Identity Theft Affidavit that will be available at the
end of the report.
b. If submitted over the phone, a representative will provide a password and email
a link to print the affidavit.

Fourth, file a police report with local police department or with the police in the community where the identity theft took place

Minnesota law requires police to write reports for identity theft victims. (Minn. Stat. §609.527, subd. 5)

1. Request an appointment for an in-person report filing.

a. Bring to the appointment:

i. A copy of the FTC Identity Theft Affidavit
ii. Any other proof of the theft
iii. A government issued photo ID
iv. Proof of address (lease agreement, utility bills, pay stubs)

2. Request a copy of the official police report.
3. Attach the Identity Theft Affidavit to the police report in order to create the “Identity
Theft Report”. Keep a complete copy.

a. Request an extended alert on client’s credit report.
b. The report can also help to get fraudulent information permanently removed from credit report and prevent a company from collecting a fraudulent debt.

Minnesota Statutes:
Minn. Stat. §13C.016 (Consumer Security Freeze)
Minn. Stat. §609.527 (Identity Theft)

Federal Statutes:
15 U.S.C. §1601 (Fair and Accurate Credit Transactions Act,
Fair Credit Billing Act)
15 U.S.C. §1681 (Fair Credit Reporting Act)
18 U.S.C. §1028 (Identity Theft Penalty Enhancement Act)
18 U.S.C. §1028 (Identity Theft & Assumption Deterrence Act)

 

Submitted by Margaret Henehan1, Judge Nancy C. Dreher Fellow
1Revision of July 2009 Tip of the Month by Erin Soldner

 

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pdfdownload2 February Tip of the Month – Helping Victims of Identity Theft

Assisting Clients Sued by Creditors in District Court

When determining how to help clients sued by creditors in District Court, consider whether they are judgment proof, pre- or post-judgment, and have any meritorious defenses. The below chart provides suggestions from experienced volunteers for next steps. Also consider your client’s financial situation and debt load; if bankruptcy is an option, it could eliminate the need to fight multiple court battles or maintain permanent vigilance for garnishment notices. Read More>>

Submitted by Martha Delaney  

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pdfdownload2 September Tip of the Month – Contempt Proceedings in Family Court

E-Filing & E-Serving

Starting September 1st 2012, e-Filing will be mandatory for many types of general civil cases in the Second and Fourth Judicial Districts. E-Filing is the filing of court documents through a computer based system. The system used in the Second and Fourth Judicial Districts is called Odyssey File & Serve (OFS). Attorney and government agencies must be registered in order to use the e-Filing system by the effective date. Volunteer attorneys working on housing or family cases will be required to e-File and e-Serve cases starting on this date. At this time, pro se parties will not be required to use the e-Filing system.

Before e-Filing and e-Serving, all attorneys are encouraged to complete training offered by court administration. At trainings, information will be provided regarding how to register for and use the OFS system. The Courts’ website lists available in-person and online trainings. This tip provides information about how the changes will affect attorneys representing VLN clients.

Access and Registration

  • In order to register for an account, see each district’s website. You will find information regarding trainings, registration, and frequently asked questions.
  • Direct questions about registration to the courts.
  • Each VLN volunteer will need to register through his or her firm or individually, but notthrough VLN. Each firm needs a firm administrator, who will be responsible for creating and managing the firm’s account. The firm administrator should attend e-File training with court administration. Once the firm administrator attends the training, he or she should go to the OFS website and select “register now” to begin the registration process.
  • In the OFS system, VLN clients should be treated the same as an attorney’s personal clients. VLN is not the firm for each volunteer when they are e-Filing a case on behalf of a VLN client. While VLN will have its own account, is solely for VLN staff attorneys.

Quick Notes
The OFS system is not a case management system. It is the system that will be used by the Second and Fourth judicial districts to process court filings and service. For example, documents will only be viewable on OFS for 30 days. Attorneys should continue to maintain their own case management files.

  • Any document that is submitted through the OFS system will be reviewed by court administration before being forwarded to the assigned judicial officer. This process can take up to one business day. If there is an error in filing, such as filing the documents in the wrong case, not paying the filing fee, or filing in the wrong county or division, it will be rejected. For information regarding rejected filings, see the Courts’ website.
  • The Minnesota Rules of Civil Procedure and Minnesota General Rules of Practice have been amended to include e-File rules. A copy of the amended rules can be found at: http://www.mncourts.gov/Documents/0/Public/Clerks_Office/ADM108011- 05242012.pdf

Service

  • E-Service will not replace personal service. The initial filing of the complaint will still need to be done via personal service. E-Service is to replace service by mail and facsimile on represented parties. See amended Rule of Civil Procedure Rule 5.02 (b).
  • E-Filing and e-Serving a document will not require an affidavit of service. The record of e-Service on the system shall constitute proof of service. See the Amendments to Minnesota General Rules of Practice Rule 7.

Fees

  • Fee waivers are still available for e-Filing documents.

o In the Fourth Judicial District, you must obtain an IFP order signed by the appropriate signing judge for civil and family cases, or by the housing referee or clerk for housing cases. You must then scan the IFP order, upload it to OFS, and submit it with your filing.

o In the Second Judicial District submit the IFP and proposed order with your filing through OFS. The court staff will present the IFP to a judicial officer for approval. If the IFP has been denied, the court staff will notify you.

  • As a volunteer attorney representing a VLN client, you will not need to use a credit card. Because you are representing the client on behalf of VLN, a volunteer attorney program based upon indigency, the client will likely qualify for a fee waiver. When OFS prompts you for payment, select the waiver account option, and submit the IFP order.
  • There are extra fees associated with e-Filing and e-Serving. Tyler Technologies, the provider of the OFS system, automatically assesses a $5 credit card convenience fee and a $3 e-Service fee. The $5 credit card convenience fee is only charged for documents that have a statutorily required filing fee. The $3 e-Service fee is charged anytime the e- Service function is used. A signed IFP order will waive these costs.
  • Address any questions regarding fees and fee waivers to court administration in the judicial district where you will be filing.
Submitted by Tyler O’Neill J.D. Candidate 

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pdfdownload2 August Tip of the Month – Contempt Proceedings in Family Court

General Civil Clinic Resources Index

Submitted by Jessica K. Galant, VLN Clinics VISTA

Below are links to the most frequently used resources at VLN’s general civil legal advice clinics.

CIVIL

  1. Collecting a Judgment in Civil Court
  2. Summary of Exempt Property
  3. Answer to a Complaint (Hot Doc form)

GARNISHMENT

  1. Garnishment Summons
  2. Non-Earnings Disclosure
  3. Exemption Notices
  4. Creditor’s Objection to Exemption Claim
  5. Example Garnishment Return Demand Letter
  6. Garnishment Exemption Form (Hot Doc)

 CONSUMER

  1. Garnishment and Your Rights (Fact Sheet C-04)
  2. Motor Vehicle Transfer
  3. Registering Your Car and Getting Plates
  4. Transferring Title by Seller
  5. Identity Theft Affidavit
  6. Tips for Identity Theft Victims
  7. Credit Report- Request Removal Outdated
  8. Credit Report- Request Removal Inaccurate (en español)
  9. Protecting Income and Property from Levy or Garnishment

EMPLOYMENT

  1. Claims (Fact Sheet E-01)

HOUSING

  1. Getting a Landlord to Make Repairs (Fact Sheet H-11)
  2. Emergency Repair Problems (Fact Sheet H-12)
  3. Condemnations (Fact Sheet H-13)
  4. When Your Landlord Loses the Building (Fact Sheet H-14)
  5. Evictions (Fact Sheet H-26)
  6. Security Deposits (Fact Sheet H-29)
  7. Basics of Mortgage Foreclosure (Fact Sheet C-12)

OTHER RESOURCES

  1. Community Resource Info Sheet
  2. Identity Theft Packet
  3. Criminal Expungement Referrals
  4. Attorney Suggestion and Referral Form

Questions? Suggestions? Contact [@encode@ email=”martha@volunteerlawyersnetwork.org” display=”martha@volunteerlawyersnetwork.org”].