Mississippi Lawyer Blog

A good credit score is slow to build up and quick to drop. There are legitimate ways to build your up your score.

Bankruptcy will improve your credit score. Chances are, if your credit is really bad, filing bankruptcy will actually improve your credit score. Bankruptcy will wipe out all of the bad debts and give you a clean slate to start over with.

Paying on time the most important thing. Set up your payments on an automatic draft or bill pay so you are not late.

Pay your bill in installments. If you run up charges that are close to your limit each month you should make your payments in installments. Pay half before the closing date and the other half after the closing date.

Pay the most on the card that is near the limit. Cards that are near the limit will depress your overall score.

Look for and dispute errors on your credit reports. Removing errors or inaccurate information can make a big difference in your score.

Be an authorized user on a family member's account. Piggybacking on a family member with a high credit score will give you the benefit of their credit history. This only works for members of the same family.

Write an explanation and have it attached to your credit report. Your can write a note of up to one hundred words explaining your situation. This will let prospective lenders know your extenuating circumstances.

Make sure your loans are different. Having only one type of loan, like credit cards, on your reports can keep your credit score down. Getting a new type of loan, personal or auto, may give your score a boost.

Your credit report is a history of how you pay your bills. Before you can get a loan, your bank or lender will look at your credit history to determine your credit risk level, how much to loan you and at what interest rate.

There are three main credit reporting agencies that keep track of your credit history. They collect information from public records, creditors, lenders and debt collection agencies. Banks and credit card companies are not the only entities that want to see your credit history. Many employers and service providers look to credit reports in reviewing applications for employment and services. Your credit matters for more than just getting a loan.

It is important to review your credit report from each one of the three bureaus at least once a year to see if they contain any inaccurate information. Not every creditor reports to all three bureaus so you must check all three. To correct false or inaccurate information, you must dispute the information through the credit bureau. It is okay to notify the reporting creditor, but the dispute must be made through the credit bureau.

Your credit score is a number that summarizes your credit borrowing history. It is snapshot of your credit risk at that point in time. The FICO score is the most widely used credit score. It converts your payment history into a three digit number that ranges from 300 to 850. The higher the number the better the credit history.

1. Fair Debt Collection Practices Act
This is a law that protects you from debt collectors. It does not protect you from the collection practices of the original creditor, only third party debt collectors. It is full of things that debt collectors cannot do, such as:

Calling you before 8:00 a.m. or after 9:00 p.m.
Calling you at work after you tell them not to call you at work.
Calling you multiple times in one day.
Talking to other people about your debt.
Making false threats.
Disrespecting you or using profanity.
Misrepresenting the purpose of the call.

2. The Credit Card Accountability, Responsibility, and Disclosure Act
This is the most recent consumer law to be passed. It protects you from the abusive practices of credit card companies. For instance, as long as you pay on time and pay the minimum required payment, your interest rate can't be raised, you have to be given a 45 day notice before they can increase your fees, rate, or finance charges, double cycle billing is eliminated if you pay on time, and you can opt of any interest rate increase and pay off the bill under the original terms.

Watch out for credit card mail outs offering you a Business Card. Business cards do not carry the same protections as personal credit cards.

3. Fair Credit Billing Act
This act protects you from unauthorized charges, inaccurate billing, items ordered but never received, services and goods that were not as you were promised and other disputes with merchants. Because of this law, it makes sense to pay for expensive services and goods with your credit card to obtain this protection in case you need to dispute the charges.

4. Fair Credit Reporting Act
This is the law that protects your credit report and makes sure that only correct information is reported. It gives you the right to dispute inaccurate or unverifiable information, the right to get copies of your credit file, limits the time that harmful information can be reported on your credit report, and limits you can see your credit file.

5. Truth in Lending Act
This law protects you from unfair lending practices. It requires full disclosure of credit terms, the interest rate and other costs of credit in plain language.

The full text of each act is available on the internet.

Many of the people I meet in Jackson, Ridgeland, Clinton, The City of Madison, and all over Mississippi have a misunderstanding about the right to vote after a felony conviction. The Mississippi Constitution lists ten (10) crimes. The specific Mississippi Constitutional Provision is as follows:

SECTION 241, MS. Constitution of 1890:
Every inhabitant of this state, except idiots and insane persons, who is a citizen of the United States of America, eighteen (18) years old and upward, who has been a resident of this state for one (1) year, and for one (1) year in the county in which he offers to vote, and for six (6) months in the election precinct or in the incorporated city or town in which he offers to vote, and who is duly registered as provided in this article, and who has never been convicted of murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy, is declared to be a qualified elector, except that he shall be qualified to vote for President and Vice President of the United States if he meets the requirements established by Congress therefor and is otherwise a qualified elector.

In addition to these ten (10) crimes the Mississippi Attorney General in an opinion listed eleven other crimes that should be added to the list. These crimes are armed robbery, extortion, felony bad check, felony shoplifting, larceny, receiving stolen property, robbery, timber larceny, unlawful taking of a motor vehicle, unlawful carjacking. These crimes were added because in the opinion of the Attorney General they fell within Section 241 of the Mississippi Constitution that prohibited voting after a theft conviction. In total there are 21 crimes that will take away your right to vote.

Mississippi Law states that anyone convicted of these crimes shall not be registered to vote and if already registered their names should be erased from the voter registration book by the county election commissioners. Miss. Code Section 23-15-19 (1972). A Federal Conviction of any kind does not prohibit a person from voting in Mississippi elections.

When I travel across the state I find that "good people can make some bad and sometimes dumb choices in life." I think at one time or another almost all of us find ourselves in that position. A felony conviction in Federal Court, another state, or for one of the crimes other than the 21 listed above does not prohibit a person from voting. If you fall into this category and you are not listed on the voting rolls you should demand to be put back on the rolls and if the election commission does not comply, then contact a lawyer. People in American fought for hundreds of years for the right to vote and you should not be intimidated, abandon, or ignore the right to vote.

Here is a brief summary of what qualified you to vote in Mississippi:
1. Be a citizen of the U.S.
2. Be a resident of Mississippi and be 18 years old at the time of the next election.
3. Live in the town you want to vote for 30 days before the next election.
4. You must not be convicted of one of the 21 crimes listed above.
5. You can still vote if you have a Federal conviction.
6. You can vote if you have a conviction from another State.
7. You can still vote if you have a Mississippi Conviction other than the 21 listed.

To register to vote you can get registration forms at public libraries, county court houses, community centers, post offices, and other city or county offices. You can also download the forms from the Mississippi Secretary of State's website. The process is easy and takes very little time. Exercise the most valuable right you have-vote.

I have been thinking lately about all the tragedies we have been witnessing around American. Mother Nature has been very active and harsh on people. There was the tornado in Clinton and Quitman, MS. There were more tornadoes in Alabama that devastated the Tuscaloosa area and then the horrific tornado in Missouri. There are floods all along the Mississippi River and its upland tributaries, and then catastrophic fires in Arizona and other western states. I should not have to mention Katrina-the mother of all hurricanes that destroyed New Orleans and the Mississippi Gulf Coast.

The non profit organization United Policyholders conducted a study and determined that 60% of all homes in America are underinsured. This conclusion coincided with the report from the insurance industry sources. The home is probably the largest investment a person has these days and having it underinsured can result in a terrible financial tragedy.

I am an attorney who helps people with insurance problems and other kids of legal disputes. I have a love-hate relationship with insurance. I know a person needs insurance for various things in life, but I also see the way many insurance companies treat their policyholders when a claim in filed. If you remember nothing else from this article remember this: Your insurance company is out to make MONEY. Insurance companies did a study years ago when they wanted to make more money and the conclusion was that to make more money they needed to pay out less in claims. You could be one of the people who don't get paid what you deserve if you are not careful.

I strongly recommend everyone join United Policyholders. It is a nonprofit company that has a wealth of information on insurance products. United Policyholders has many useful tips on how to pick a good insurance agent, how to insure your house, and so much more that can help you "level the playing field" when dealing with an insurance company or claims adjuster. There is even a website that will help you determine if you have your house insured for enough and it only costs $7.00. It does take time though to correctly fill out the information.

We are going to talk more in this series about the many different types of insurance and what a reasonable person might need and not need. We are not insurance agents and cannot advise you what to do when insuring you property or self. We can however give you advice on what we have seen and what Federal Agencies and other nonprofit groups have reported on different types of insurance.

When you have some spare time pull up the United Policyholders' website and join. You can obtain so much free information. Joining is making a small contribution so United Policyholders can continue doing work that will benefit everyone who buys insurance products. And once you spend some time on the United Policyholders' website, you will find yourself a more educated insurance buyer.

Other parts of this series will focus on auto insurance, umbrella coverage, credit life, credit disability, and types of credit insurance. We have been actively involved in many types of insurance litigation and can help educate you on things to watch for when buying insurance.

Continue reading "INSURANCE NEEDS FOR YOUR HOME, CAR, BOAT, AND OTHEr THINGS. Part 1 " »

In April of 2011, a new law went into effect in an attempt to protect dogs and cats from abuse, neglect, and outright cruelty in Mississippi. As is customary in our state's history, Mississippi was one of the last states to legislate such deplorable behavior. Under Section 97-41-16 of our Mississippi Code, a third offense of cruelty to a domesticated dog or cat committed within five (5) years of the first offense is considered a felony. Upon conviction of a third offense, the defendant can be:
• fined $5,000
• imprisoned from one (1) to five (5) years
• ordered to pay restitution to the owner of the dog or cat
• ordered to undergo an evaluation by a psychologist or psychiatrist
• ordered to complete community service
• banned from any employment related to animals.

A first offense of animal cruelty is still considered a misdemeanor: $200-$1,000 fine and/or 30 days to six (6) months in jail. A second offense of animal cruelty committed within five (5) years of the first offense is also a misdemeanor: $400-$2,500 fine and/or 90 days to six (months) in jail.

This new "law" is the type of legislation that is passed for the sole purpose of "shutting people up" over a particular topic. This law does not protect animals from people. For years, advocates of animal rights have asked the state of Mississippi to join the rest of the nation by criminalizing animal cruelty to the extent that it may deter such conduct. Instead of passing a law that actually has "teeth to it" (pun intended), our legislature pandered to special interest groups that basically said, "We don't support any animal cruelty bills, but if you're going to pass a law, it can only apply to domesticated dogs and cats." And the legislature folded like the cheap suits they were wearing at the time they passed the bill.

There is no logic or reason in the construction and application of this law.

Bear with me for just a moment...
In the early to mid-90's special interest groups lobbied to have DUI laws enforced on a "graduated" scale in an effort to deter people from driving motor vehicles while impaired. The result is a system that considers the first and second offenses of DUI as misdemeanors. Not until the third DUI in a five (5) year period is the offense considered a felony.
People are not afraid of being convicted of a felony when they make the decision to drive while being impaired. They aren't afraid because they know a felony conviction is not going to happen - unless it's their third offense within five years. If it takes people three convictions in five years to understand the severity of their situation, then they have never seriously considered they have a problem. Graduated scales of punishment with DUI's deter drunk driving as much as "no littering" signs deter people from throwing their cigarette butts out of the window while driving.

As a pet owner and a citizen of the state of Mississippi, I am offended by the silliness of this law. This new "law" passed off to the public as a protection for domesticated dogs and cats will be as effective at deterring animal cruelty as the graduated scale of punishment provided by our current DUI laws. Our legislature has had plenty of time to study the effectiveness of those laws and devise a successful plan to deter ridiculous behavior. Instead, they have decided to reinforce Albert Einstein's definition of insanity by doing the same thing over and over again and expecting a different result.

Clients have called our office asking the question: "When is it okay for my employer to tell me I can't compete with my employer's business when I quit?" To answer that question directly - not very often.

Many times in employer/employee relationships, a boss will ask their employee to sign what is commonly called a "covenant not to compete" when they are hired. The purpose of this "covenant" is to protect the employer from being burned if an employee is learning the trade from their employer and then decides to take that knowledge and open up a competing business across the street. You can see where the original business would want to protect itself in a situation like this. At least that was the reason these agreements were allowed in the first place.

What has developed has been "agreements" that restrict employees in no certain terms regarding time and area. Mississippi Courts don't like this. In a capitalist society that encourages freedom of enterprise, the law does not favor restricting free trade and individual freedom. Our Supreme Court has been clear about this issue: Covenants not to compete are not favorites of the law. These agreements must be reasonable and specific as to the time and geographic scope of the restriction.

In other words, an agreement signed between an employer and an employee that states you may not open another business within two months of quitting right across the street from the employer's business would more than likely be acceptable under our current law.

An agreement for an employee to never open a business in the state of Mississippi after leaving the employer's business for whatever reason is not an enforceable agreement.
If you have any questions about laws regarding covenants not to compete, feel free to call our office or email me at: ericb@coxwelllaw.com

Have you seen all the ads from credit card companies recently talking about the "new" business card option available to individuals? They are sending out over 10 million offers to households for professional credit cards each month according to a study done recently by a D.C.-based consumer-advocacy group! Credit card companies are now marketing these cards because of a loophole in the new regulations - "business" credit cards were excluded from the requirements that were added for consumer protection (like protection from sudden interest-rate hikes, etc) on basic consumer credit cards. Bottom line - consumers don't have protection under these so-called "business" cards! A few Senators have grouped together to urge the Federal Reserve to crack down on the marketing of these "business" cards. Senators are asking the agency to require credit card companies to clearly warn customers. Where there is a regulation, there is a will to find a way around it! Be an educated consumer!

Perfect recent example - Federal regulators' had filed civil claims against the JPMorgan Chase bank - alleging that they basically lied and strong-armed auto loan customers into purchasing a plan that would suspend or cancel their loan payments if they lost their job - problem was - Chase didn't do as promised when people did lose their job! Regulators have now reached a settlement with the JPMorgan Chase bank where the bank will pay a $2 million fine but without admission or denial of wrongdoing. This credit protection product was marketed by the bank in 2008-2009. Chase stopped selling this product in 2009 as well as a similar plan that it sold for home mortgage customers. These plans involved monthly fees (Chase had previously refunded customers $25 million). When you are applying for loans, be cautious of the "additional protection plans" - they often promise anything from death benefits to job loss protection, etc but are riddled with loopholes. Don't be pressured into unnecessary (and often fraudulent) additional "coverage" plans.

On June 14, 2011 I attended oral argument at the Mississippi Supreme Court involving the constitutionality of Mississippi's cap on non-economic damages. The case was Learmonth v. Sears Roebuck Co. Non-economic damages are pain and suffering, worry, anxiety, etc. The cap is limited at $1 million. There is no cap on economic damages like medical bills, loss of wages, etc. Now, $1 million is a lot of money and it's hard to argue otherwise. However, some people who are injured do not have "economic damages" to recover so their only claim would be "non-economic damages".

For instance, let's consider a 30 year old lady who has given up her job and wants to stay home and raise her family. Suppose she suffers a horrific eye injury in a car accident which leaves her blind. She will not need future medical care and treatment and she has no lost future earnings. Her life expectancy is 77 years so she will have to live 47 years with no vision. Under our current law, her non-economic damages are capped at $1 million. What about a child who gets the same injury? What about a person who is retired?

Continue reading "Mississippi's Caps on Damages is good for who? Big Business and Insurance Companies" »

The World Wide Web has dramatically changed our world. Information is now at the touch of a button. Online sexual predators are too. Here are a few warnings signs that your child may have a problem with pornography on the Internet:

Your child is hiding disks.

Your child spends an inordinate amount of time on the Internet or is online late into the night.

Your child uses computer files that end in .gif or .jpg. These are picture files that may contain the latest Hubble telescope photos or pornographic material.

You discover unusual charges on your credit card statements. Be especially suspicious of phone charges that identify themselves as "Web Site." Many pornographers don't provide their names to avoid raising parental concern.

Your child quickly changes the computer screen when you enter the room.

Continue reading "Mississippi Parents' tips on Keeping your Child away from Porn on the Internet" »

While in the middle of working on a very tedious and lengthy federal court brief, a former client stopped by to meet with my partner, Merrida Coxwell. The client, Roger Harris, was indicted for triple murder in 1993. Merrida tried the case in Hinds County Circuit Court. At the end of the State's case, Judge William Coleman ruled that the State had failed to prove that Roger was responsible for killing anyone. He directed a verdict in Roger's favor on all three murder counts. However, Judge Coleman held that the jury could consider whether Roger committed the "lesser included offense" of aggravated assault against these three victims. The jury convicted Roger of all three counts and he was sentenced to serve 60 years. (Digressing a bit, it is important to note that Roger maintained that he was acting in self defense when he returned fire and denied being the aggressor in the events that night.)

On appeal, I found cases that precluded the State from trying a defendant on a lesser included offense when he is acquitted of the greater crime. Thus, we argued that when Judge Coleman directed a verdict in Roger's favor on the murder charge, it was improper to allow the jury to consider the aggravated assault charges since they were lesser included charges. This is known as double jeopardy, not to be confused with the final round on the popular game show Jeopardy!

Continue reading "Former Client Charged with Murder in Jackson, Mississippi Visited Today" »