Attorney O's Midnight Musings: Connecticut Law

What to Do If You Are the Victim of Identity Theft

Irene C. Olszewski, Esq. — Thu, 09 Feb 2012 18:28:01 +0000

It is a frightening reality but every day, some unlucky innocent person learns that his or her identity has been stolen. If that person happens to be you, be sure to act quickly to avoid further damage.

In December, my office was notified that the identity of one of the men I conserve was possibly stolen. It came in the form of a letter from the IRS informing him that someone else had reported income using his social security number. Just last week, I received a writ from an Illinois lawyer including my guy as a defendant in a lawsuit concerning property owned in that state. He doesn’t own property in Illinois. Heck, he doesn’t own property in Connecticut or any other state, for that matter. He resides in a group home. Wrong guy. Oops!

Yes, it appears his identity was truly stolen. A look at his credit report showed a lot of mortgages and loans in his name. Great. What a mess.

If you are a victim, the first step is to contact the police department where the suspected identity theft occurred, if you can pin it down. For example, if you know that someone applied for a loan in Manchester, Connecticut using your social security number, file a report with the Manchester Police Department. If you don’t know where the theft occurred, contact the police department in your town. There are several reasons you will not want to miss this step.

Contact one of the three major credit bureaus to request a fraud alert and to ask them to include a statement that creditors should get your permission before opening any new accounts in your name. Absent a police report, you can only request a 90-day alert. With a police report, you can request an extended fraud alert that lasts 7 years. You only have to notify one credit bureau as they are required to notify the other two on your behalf. They are: Equifax, Experian and Trans Union.

Order your credit report from all three credit bureaus and examine it carefully. If there are creditors you don’t recognize, contact the creditor and the credit bureaus immediately. Note that you are entitled to a free credit report from each of the three major credit bureaus once per year. Even if you don’t think you’ve been the victim of identity theft, you should check your credit reports often. To obtain your free credit reports, go here.

Contact you bank, utility companies, loan companies … anyone with whom you have a legitimate account. Let them know that your identity has been stolen so that all appropriate alerts may be placed on your accounts.

If you suspect that someone may be using your social security number, you should alert the IRS immediately. You don’t want to end up fighting a huge tax bill that doesn’t belong to you.

Contact the post office to determine if anyone has filed change of address forms in your name.

Report the theft to the Federal Trade Commission (FTC). Although they don’t get involved in consumer complaints of this nature, the information helps them to investigate fraud and can lead to legal action. They can be reached by calling 1-877 438-4338 or online here.

For information on how to safeguard your identity, go to the Department of Consumer Protection’s tip sheet here.

Most of all, be vigilant. Beware of e-mails asking for personally identifying information. Pay attention to your credit card statements. Don’t give out your passwords.

Wish me luck as I try to solve this nightmare for my conserved guy.

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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.

Websites Go Dark In Protest and Connecticut Delegation Weighs In On the Stop Online Piracy Act

Irene C. Olszewski, Esq. — Thu, 19 Jan 2012 01:51:40 +0000

Today, in protest to the Stop Online Piracy Act (SOPA) legislation now pending in the U.S. House of Representatives, major online sites such as Wikipedia’s English language site threatened to go dark in protest. It made good on the threat. Today, the page displays the following message:

Imagine a World Without Free Knowledge. For over a decade, we have spent millions of hours building the largest encyclopedia in human history. Right now, the U.S. Congress is considering legislation that could fatally damage the free and open Internet. For 24 hours, to raise awareness, we are blacking out Wikipedia. Learn more.

Google has placed a black box over its logo today with a message saying:

Tell Congress: Please don’t censor the web!

Boing Boing went dark. The site displays this message today:

503: Service Intentionally Unavailable. Boing Boing went dark today, because the US Senate is considering legislation that would certainly kill us forever. The legislation is called the PROTECT IP Act (PIPA), and would put us in legal jeopardy if we linked to a site anywhere online that had any links to copyright infringement.

This would unmake the Web, just as proposed in the Stop Online Piracy Act (SOPA). We don’t want that world. If you don’t want it either, visit AmericanCensorship.org for instructions on contacting your Senator. You might also join us with Craigslist and Reddit and sign this petition. The Electronic Frontier Foundation has more information on this and other issues central to your freedom online.

Thanks,
The Boingers

Connecticut’s delegation has strong feelings about SOPA. There are strong concerns that in an effort to stop piracy on the internet, the legislation (as written) may also restrict free speech. The delegates seem to be in agreement that the bill should be re-examined.

Read: Concerns About Online Piracy Act Growing Among State’s Congressional Delegation [Hartford Courant]

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South Carolina’s New Photo ID Voting Law Causes Stir

Irene C. Olszewski, Esq. — Mon, 16 Jan 2012 22:58:59 +0000

With the election season in full swing, it’s anyone’s guess how things will progress. Meanwhile, the State of South Carolina has caused a ruckus with its newly enacted photo ID for voters law. Critics say that the law, which requires all voters to produce a photo ID prior to voting, has the potential to disproportionately keep black voters from exercising their right to vote. The two political parties are at strong odds over the new law, which is sparking racial tensions.

Read: South Carolina Photo ID Law Draws Heated Rhetoric From Republican Presidential Candidates [Huffington Post]

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Attorney Olszewski’s 2012 LGBT Forecasts Published in Connecticut Law Tribune

Irene C. Olszewski, Esq. — Fri, 06 Jan 2012 21:15:02 +0000

For those who missed it, the Connecticut Law Tribune’s annual Forecast issue was published on Monday. I was asked to contribute a piece for the publication on my 2012 predictions for LGBT legal issues. If you don’t already have your copy in paper form, you can view the article online.

Read: The Ever-Changing Landscape Of LGBT Law

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Photographs by J. Victoria Tobias On Display in Our Office

Irene C. Olszewski, Esq. — Tue, 03 Jan 2012 01:45:09 +0000

Tucked away in Farmington, Connecticut is a an amazingly talented nature and landscape photographer. The first time I viewed the works of J. Victoria Tobias, I was in awe. Her keen eye for detail and composition absolutely amazed me. From the simplest flower to the most detailed seascape, every photograph tells its own story.

Tobias has graciously agreed to allowed me to display a small collection of her work in my office. The photographs make an otherwise hectic office feel comfortable and serene. It is an extreme pleasure to be surrounded by such beautiful works. When you’re in the neighborhood, be sure to stop by and browse. You’re in for a treat.

In addition to her fabulous prints, Tobias also offers a line of greeting cards bearing her original photographs. From landscapes to flowers to animals, the photography on every J. Victoria Greetings card is absolutely breathtaking.

Be sure to browse our J. Victoria Tobias gallery. Here are two views of our inner hall wall display:

Here’s a sample of her work that hangs in our conference room:

Other wonderful prints hang throughout the office.

To contact J. Victoria Tobias, call 860-306-6406

or e-mail her at jvictobias@comcast.net.

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Note: The author does not receive compensation from the photographer for works displayed or sold by her. This is purely a fan review.

Farewell, 2011 … My 2012 Wish List

Irene C. Olszewski, Esq. — Fri, 30 Dec 2011 20:20:24 +0000

Today is the last work day of 2011 for me. I’m rather grateful. It has been a long year. I’m ready for the new year to begin.

I’d post my new year’s resolutions for you to ponder but I quit making those darn things a long time ago. I never kept them, anyway. Nah, it just wasn’t worth the effort.

Instead, I’ll post my wish list for 2012. I’d love to hear yours as well. Comment away.

In no particular order (translated to mean: as the thoughts pop into my brain, I will type them here) …

I wish that people would dress appropriately when appearing in court. Other than the folks forced to wear those nifty tan or orange jumpsuits, the rest of the attendees should honestly have a bit more respect for those hallowed courthouses. I’ve had it with people in ripped jeans and dirty tee-shirts. I understand that not everyone can afford a suit and tie … I’d be happy if they just tucked in their darn tee-shirts! And ladies (I use the term quite loosely here) … this is not a street corner. ‘Nuf said. I’m expected to dress appropriately. I expect my clients to dress appropriately. Why isn’t everyone expected to dress appropriately?

I wish that the bi-partisan system would stop being such a roadblock to accomplishing anything. It is starting to border on the ridiculous that we actually bother to elect politicians to serve the public interest. These days, I’m not certain whose interest they are serving. It doesn’t feel like mine.

I wish that the government (federal, state and local) would realize that small businesses can’t be taxed to death and still hope to survive. Nor can those same over-taxed small businesses afford to hire employees at fair wages and be able to extend much-needed (and much deserved) benefits to them. How about a break? Small businesses are important to the economy. Let’s start encouraging them rather than working so hard to eradicate them. I watch in horror as long-time mom and pop shops close because they can’t compete in this weak economy against corporate businesses that have no genuine interest in the community. When those corporate businesses realize that they have expanded too quickly, they shut their doors, leaving the community without the goods and services they need. That must change. I’m thinking about one family-owned restaurant that shut its doors when the chain restaurants moved into town. In just a few years, something like 5 chain restaurants have occupied that same space. The mom and pop eatery had been around for more than 20 years. Do the math.

I wish that we would observe a true separation between church and state. Rights and freedoms should not be subject to the views of the religious groups able to produce the most funding. I hope the 2012 candidates will figure that out.

I wish that Connecticut would give its welfare program a long, hard look. There are thousands of people who honestly need the assistance … and double that many people who are just scamming the system. Our tax dollars should be directed toward helping those who are truly in need, not to finance the lives of those who have somehow developed the mentality that they are entitled to a free ride. Public assistance was not meant to be a lifestyle. It was meant to help people get by during difficult times.

I wish that self-employed people would not be taxed as both employee and employer. In this economy, it’s certain death. Given the state’s unemployment rate, many more people are marketing their skills as self-employed workers. Give them an incentive to succeed and grow. Their success will benefit the overall economy in the long run.

I wish I were an Oscar Myer wiener.

[I typed that to see if you're still awake ...]

I wish you all a happy, healthy and prosperous 2012.

Farewell, 2011.

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Connecticut Judicial Branch Announces that Remote Access is Now Available for Civil Court Orders & Notices

Irene C. Olszewski, Esq. — Thu, 29 Dec 2011 22:30:47 +0000

The Connecticut Judicial Branch recently announced that it is making all disclosable documents relating to court orders and notices in civil cases remotely accessible to the public through the Judicial Branch’s website.

Individual case summaries are available through the Civil/Family Case Lookup section of the website here. Cases that will not be accessible remotely include sealed cases, cases containing sealed documents and cases that are not posted electronically because of the Violence Against Women Act of 2005.

The availability of complaints, summonses and other documents in civil cases is expected during 2012, once the Judicial Branch has verified that personally identifiable information, such as Social Security numbers, is redacted from the original documents that are e-filed with the courts.

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Divorce Models in Connecticut

Irene C. Olszewski, Esq. — Thu, 29 Dec 2011 04:13:46 +0000

When the average person thinks about divorce, litigation comes to mind. In Connecticut, the litigated divorce model is but one option that divorcing couples may choose.

In a traditional litigated divorce (if there truly is such a thing), one spouse initiates the action by serving upon the other, via a marshal, a Summons and Complaint. While the divorce is pending, various motions to determine such issues as child support, contributions to the marital household expenses (mortgage, utilities, etc.) and the like are typically filed. A judge makes a ruling after a hearing. The court’s orders during that time are generally temporary and may or may not differ when the divorce action has reached its conclusion. For a litigated divorce, the parties may each retain lawyers or they may roll the dice and represent themselves, although the latter is generally not one’s best option. Divorce lawyers shake their heads in dismay when self-represented parties come into our offices after a divorce is over and want us to fix something they messed up because they didn’t know how to handle the issue in the first place. In many cases, it’s simply too late. The issue can’t be fixed. There are some things you can do yourself but divorce (especially when children and property are involved) isn’t something you should gamble with. Even the best divorce lawyers hire a divorce lawyer when they are going through the process themselves. There’s a good reason for it. Divorce is emotional and a skilled objective third party will usually serve you better than your emotionally-charged self will serve you. It just happens to be true. For more information on divorce in Connecticut, visit my website’s divorce page here. You may also download my complimentary brochure on the divorce process from the legal guides page of this blog here.

For couples that do not wish to spend their time in court fighting over every little thing, two other divorce models exist. The lesser known of these models is collaborative divorce. If you’re a regular reader of this blog, you know that it’s the model I personally favor. In the collaborative model, each party is represented by his or her own collaboratively trained lawyer. Rather than file motions and attend numerous court hearings, everything is negotiated out of court in a series of meetings. When complex financial issues are at the core of the divorce, collaboratively trained neutral financial professionals and pension attorneys can be brought into the process. If there is difficulty formulating a mutually acceptable parenting plan, a collaboratively trained child specialist can be added to the team. When the divorcing couple is having communication issues that prevent them from coming up with reasonable and rational solutions, a collaboratively trained neutral coach may be used. The collaborative model is meant to be civil and respectful rather than adversarial (which is the hallmark of a litigated divorce). Each party can rely on the advice of his or her individual lawyer to guide him or her through the process. This model works best when both parties are reasonable people who are willing to fairly negotiate and try to find solutions that best serve themselves and their family. For more on the collaborative divorce model, I invite you to read a couple of my selected previous posts on the topic here and here and here.

The third model is mediation. It is a more commonly known model than the collaborative model and it differs in many significant ways. Mediation can be effective when both parties are equal — meaning that one spouse doesn’t feel less powerful or less in control of the process than the other. When there is a serious imbalance in power and control (real or perceived), the process may not yield the desired results. In the mediation model, the parties mutually retain the services of a neutral mediator. That mediator does not represent either party individually because each spouse’s separate interests may actually be conflicting. The job of the mediator is to assist the couple in coming to a final separation agreement. Sometimes mediation is highly successful. Other times, people enter into the process only to discover that the other spouse is unable to remain rational and fair. It can be a wonderful model when two people have a reasonable (and realistic) idea of how they wish to divide their marital assets and the divorce is amicable.

No matter which option you choose, remember that your spouse is also a party to the divorce. He or she must also be on board if you choose to utilize the collaborative or mediation model. When faced with an uncooperative spouse, litigation may be the only viable option.

Either way, it’s always wise to consult an experienced divorce attorney to discuss which option might best serve your needs.

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Leaving Your Passwords and Other Important Information for Your Loved Ones

Irene C. Olszewski, Esq. — Thu, 15 Dec 2011 23:36:28 +0000

Whether we like it or not, we are all going to meet our demise one day. I’m not particularly looking forward to it, mind you — but I know that I have to think about it in practical terms because it will most certainly affect those I leave behind. The emotional component aside, when I my time comes, my loved ones will have to deal with the settlement of my estate. I don’t want that to be more difficult for them than it has to be. To that end, I should plan much better than I already have.

Sound familiar? You’re certainly not alone. I’d venture to say that you’re actually in pretty darn good company. There are more folks out there who haven’t planned properly than those who have. Time to switch teams.

I will assume that if you’ve been reading this blog regularly (I’m optimistic) … you either already have a Last Will and Testament in place or you’re going to call a lawyer first thing in the morning and schedule an appointment to have one drafted. You’re not going to put that off another day. Promise? Good. That’s a start.

Now let’s talk about those other little details that we often overlook. Things such as PIN numbers and account numbers and passwords. Yeah, those pesky things that we all change rather frequently. Well, in theory we’re supposed to change them frequently. Some people never change them. You really should, in case you were wondering.

If you don’t happen to wake up one morning, someone in your family will have to know how to access your private information. I don’t recommend leaving a file on your computer with all of that sensitive data because we all know that computers can be rather easily hacked. Not a good plan.

Don’t leave a big notebook laying around with a brightly colored label alerting a would-be thief that hey, if you want to steal my identity, here’s everything you need and more. Again, not a good plan.

Some people opt to keep such data in a safe deposit box. That sounds like a good idea on the surface but keep in mind that before your loved one can access your safe deposit box upon your death they a) have to know it exists (and where), b) they have to be a joint owner of the box and have a key, or c) they have to be named executor or administrator of your estate and prove to the bank that they have a legitimate reason to access your box. Remember, they still have to know it exists and they still have to have a key (or they will pay a rather high fee to have the box drilled open). Besides, account numbers and PIN numbers and passwords change so frequently that you’d wear yourself out running back and forth to the bank trying to keep the darn list up to date. That is, if you even remember to update the thing.

Some security experts suggest that you have an nondescript notebook or box in which you store all of the information. Obviously, you have to tell your executor where it is located and why he or she will want to access it after you’re gone. Other experts recommend that you prepare a confidential file and store it at your lawyer’s office along with your Last Will and Testament. Then, when the Will is read, the lawyer can hand over the information to your executor. Again, you will have to keep the file updated — and that may be as simple as sending your lawyer a letter when things change, or perhaps stopping by with the new file.

Smart phones are handy dandy little gadgets that store all sorts of information. But remember that phones can be hacked, stolen and lost. If you do keep your passwords in a folder on your cell phone, please be prudent enough to develop some sort of code so the passwords aren’t obvious to someone who should not ever have access to them. Again, that method worries me just a tad.

When recording your passwords, PINS and account numbers, be sure to remember all of your online accounts. Your list should include not only account numbers and URLs (the www.my account part) but also your user name, password and security question(s). Don’t forget about your e-mail accounts and social media accounts (such as Facebook, Twitter, Linked In and the like). These days, social media is one important way that your loved ones may have to alert people they aren’t even aware you know that you have died.

Whatever system you choose to employ, don’t put this off. The new year is approaching, so go ahead and make this your new year’s resolution. It may be the best thing you ever did for your loved ones. Other than leave a Will, that is.

For further reading on the subject, check out PINs That Needle Families here.

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FBI’s Child ID App

Irene C. Olszewski, Esq. — Tue, 13 Dec 2011 23:42:28 +0000

For those of you who missed the announcement over the summer about the release of the FBI’s Child ID app (as I obviously did), here’s some information directly from the FBI:

The FBI site notes that the FBI (and iTunes for that matter) is not collecting or storing any photos or information that you enter in the app. All data resides solely on your mobile device unless you need to send it to authorities. Please read your mobile provider’s terms of service for information about the security of applications stored on your device.

[A tip of the hat to Updates in Family Law blog for this information]

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