DEALING WITH IDENTITY THEFT
We have on several occasions, advised our clients of concerns relating
to the crime of identity theft. The theft of identity occurs when people
use your identity for their financial gain. When this occurs, a number
of problems can occur. This article offers some suggestions as to what
to do if you become a victim of identify theft.
1. Alerting the credit reporting agencies is the first and most important
step you can take. You should call all three credit reporting agencies:
Equifax, Experien and Trans Union. You should initiate a fraud alert with
each agency. This does three things: A) you get a free copy of your credit
report, B) your name and address are removed from the pre-approved offer
list, and C) before any new credit is granted, you would be telephoned
to verify that you really want to open an account. Any one trying to use
credit in your name and use your Social Security number will have a credit
check run on them.
2. You should make sure that your mail is secure. It may be a good idea
to have your mail delivered to your local post office.
3. You should cancel your present credit cards and have new cards with
new account numbers issued.
4. It is important to call all vendors for which you have automatic charges.
Any automatic payments should be transferred to your new accounts. Otherwise,
you will find angry creditors contacting you and inquiring as to why their
attempts to charge payment have been rejected.
5. Call your utility companies and inform them of the fraud. Get a new
account number.
6. File a complaint with the Federal Trade Commission. If there are sufficient
complaints, the Federal Trade Commission will initiate a fraud investigation.
This may lead to law enforcement action.
Theft identity is at best a nuisance. At its worst, it can cost you money
and damage your credit. You can minimize the possibility of future problems
by being preventive. See our past article, "I DIDN'T BUY THIS!!"
[Volume 5, Issue 1, page 3, January-March 2000]. You may also access a
copy at our Web Site, http://www.attorneyhawaii.com, or call our office
for a courtesy copy.
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A BREAK FOR CONDO OWNERS
The state legislature passed Act 39 last year to grant some
relief to long suffering condominium associations. Condominium associations
are often not able to collect delinquent maintenance fees in a judicial
or non-judicial foreclosure. Act 39 permits condominium associations to
collect a portion of the sales proceeds paid by the buyer of a condominium
sold by way of foreclosure. Under Act 39, the association may collect
as much as $1,800.
The association is required to file a Special Notice of Assessment to
avail itself of this right if it is to collect. Hawaii Revised Statutes
514A-90(g)(1) exempts the need for this special assessment notice if the
mortgagee (lender) acquires the property through the foreclosure. Judge
Kevin Chang, in a December 18, 2000 ruling, held that non-lender buyers
at a foreclosure sale can be assessed for the past delinquent maintenance
fees even if there was no filing of a Notice of Special Assessment.
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RESOURCES FOR WOMEN ENTREPRENEURS
The Internet has been a growing source for information and resources
for women entrepreneurs. The following sites may be of interest to women
starting their own businesses:
*U.S. Small Business Administration
News and information geared to women in business. www.onlinewbc.org
*National Foundation for Women Business Owners
Information dedicated to promoting women business ownership. www.nfwbo.org
*Digital-Women.com
Offers how-to tips and listings for women looking to start their own businesses.
www.digital-women.com
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NEWLY ENACTED LAWS
As of the date this newsletter was submitted for printing, Governor Cayetano
had signed a number of bills into law. Many other bills were passed by
the legislature, but they are still awaiting the Governor's signature.
The following are some of the more notable new laws that have been signed
by Governor Cayetano:
******
It is now a felony punishable by up to five years in prison to dump used
motor oil or hazardous waste. The new law also allows for civil fines
of up to $25,000 per day for dumping.
******
There are now more severe civil and criminal penalties for computer offenses.
Computer fraud is now a felony offense as it is intentionally creating
and transmitting damaging computer programs. Offenders could face up to
ten years in prison for the violation of knowingly accessing a computer
without authorization to obtain control of the property of another.
******
The Governor and County Mayors can now contract out public services as
they see fit or set up systems to allow public workers to compete with
private companies for the opportunity to provide public services.
******
A new Employer Union Health Benefit Trust Fund has been created to overhaul
the way health benefits are provided to state and county workers.
******
Public workers, except for prison guards, police, firefighters, and some
medical providers again have the right to strike. The requirement of mandatory
arbitration for contract negotiations between the state and county and
said public workers union has been repealed.
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FROM THE DESK OF HAROLD CHU....
As of July 4, 2001, our new web site address is http://www.attorneyhawaii.com.
There's a new look to our site. It still includes popular features such
as Most Frequently Asked Questions, References, Links and Resources and
other helpful sources of information. You should check the Links and Resources
section after September 1, 2001 because we will be adding a number of
new and helpful links.
Our new web site is designed and hosted locally. This allows us greater
flexibility and enables us to provide you with faster updates. Hubris
Online, LLC, designed our web site. Minute-Web is the host for our site.
They are a full service web site design and online marketing company.
They have done sites for such clients as Koolina Marina, Haseko Homes,
Pacific Resource Partnership, and the Hawaii Technology Trade Association.
They did an excellent job in setting up our web site.
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NOTICE
Effective July 4, 2001, our new Web site address shall be http://www.attorneyhawaii.com
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PRIVACY ACT NOTICES
If you have any dealings with a bank, credit union, insurance company,
mortgage lender, brokerage house or investment company, you probably have
been receiving privacy notices in the mail recently.
A new federal law made July 1, 2001 the deadline by which the above entities
had to notify you as to how they handle the personal information that
they gather from you. The personal information includes such data as your
income, Social Security number, credit card usage, spending habits, and
account balances. Some of the entities make these information available
to others.
The privacy notices tell you what they do with the information. The notices
will also give you the opportunity to "opt out". If you do not
want the information to be shared with others, you should choose the "opt
out" election. You will be given a toll-free number or a form to
complete to stop the release of such information.
Some people do not mind the information being shared. They feel that
by allowing the information to be shared they will get catalogs, discount
offers, and other enticements tied to their interests.
There is no indication that opting out is full proof, but if you are
interested in limiting access to the information, you should take advantage
of this opportunity.
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INCREASE IN SHERIFF'S FEES
Litigation has always been expensive, because of the many costs associated
with it. A state law that went into effect on July 1, 2001 will make it
slightly more expensive. In this case, the increase is relatively modest
and is well deserved.
As of July 1, 2001, sheriffs who serve the complaints and other court
papers will be allowed to raise their fees for serving documents and increase
their mileage charges for each attempt at service. These charges are typically
paid by the client.
These fees have not been raised in eleven years. The sheriff who primarily
services our office will be raising his service fee for serving complaints
from $20 to $25. There will also be a slight increase in his mileage charges.
As always, the charges are greater if the party to be served lives farther
from downtown Honolulu.
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HUMOR
Two women that are dog owners are arguing which dog is smarter.
First woman: "My dog is so smart, every morning he waits for the
paper boy to come around and then he takes the newspaper and brings it
to me." Second woman: "I know..."
First woman: "How?"
Second woman: "My dog told me."
Attorney:
Harold Chu
hchulaw@lava.net
Publisher/Editor:
Cora Anderson
canders@lava.net
Secretaries:
Cora Anderson
canders@lava.net
Printer:
NewTech Imaging
Phone: (808) 523-7544
Fax:: (808) 526-1231
E-mail: hchulaw@lava.net
http://www.attorneyhawaii.com
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