Posted on by taylorcouchblog

Credit Repair in Three Steps.

Your credit score is important. A low credit rating can prevent you from buying a home, getting good insurance, or even landing a job. However, your score may be lower than it should be due to errors in your credit report. To make sure your credit report is accurate, follow these steps:

STEP ONE: Get Your Report.

Get a FREE copy your credit report from AnnualCreditReport.com.

STEP TWO. Review Your Credit Report.

Carefully review your report for errors, missing information, or misleading information. If the report includes late payments but is missing on-time payments, the report is incomplete. The report may overstate the amount of outstanding debt, or closed accounts may be reported as open. Be sure to also confirm your name, address, social security number, and phone numbers are correct.

STEP THREE. File Written Disputes.

The final step is to send letters to the credit bureaus, Trans Union, Experian, and Equifax, as well as the creditor. It is best to use certified mail, return receipt requested, to prove delivery. DO NOT USE the bureaus’s online portals for registering disputes, as these are often lost or mishandled. Also, sending a letter to the creditor who reported the information is not enough.

Your letter should clearly state why you believe your credit report is inaccurate, incomplete, or misleading, and should include supporting documentation, if available, along with identification documents such as a driver’s license, social security card, and current utility bill.

The credit bureaus should send you a letter along with a corrected report. If you still need assistance, the attorneys at Taylor Couch may be able to help.

 

 

Posted on by taylorcouchblog

Age Discrimination in Kentucky

Kentucky law forbids discriminatory employment practices based on a person’s age. KRS 344.040. The anti-discrimination statute only applies to employees who are 40 years of age or older. Employees can prove their case by direct or circumstantial evidence. Usually, an employer will deny it discriminated against older workers when asked. However, direct evidence of discrimination may exist in emails, text messages, and the employer’s written policies.

To establish a claim without direct evidence, an older worker must establish that he or she was qualified for the job, fired, and then replaced by a significantly younger worker. Williams v. Wal-Mart Stores, Inc., 184 S.W.3d 492, 495 (Ky. 2005).

If the employer offers a legitimate, non-discriminatory reason for the termination, the employee must set forth reasons that the preferred reason was false, or a mere pretext for discrimination. McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973).

Unfortunately, although age discrimination is illegal, it is not uncommon in Kentucky’s workplaces. If you believe you were let go because of your age, call the attorneys at Taylor Couch for a free consultation regarding your legal rights.

 

Posted on by taylorcouchblog

Can consumers be forced to litigate their state law claims in federal court?

Aggrieved consumers may have legal claims under both federal and state law. Often, when these cases are filed in state court, companies seek to remove them to federal court. Can they do it? Maybe. The answer is found in the federal removal statute, 28 U.S.C. Sec. 1441.

Under 28 U.S.C. 1441(c)(2), a federal court must remand to state court the state law claims that don’t derive from a “common nucleus of operative fact” as the federal claims. United Mine Workers of America v. Gibbs, 383 U.S. 715, 86 (1966). What does that mean? In simple terms, whether the claims are part of the same case or controversy. In answering this question, courts look to differences between the state and federal claims, such as the facts, likely evidence, and injuries. Trego v. Germain Ford of Columbus, 2:07-CV-1308 (S.D. Ohio Sept. 8, 2009).