Legal Tips from Montana Legal Services Association

Legal Tips from Montana Legal Services Association

Utility Shutoffs by Landlord (11/19/18)

Do you know that your landlord can't legally shut off your essential services like utilities? Utilities means electricity, gas, or water. If your landlord turns off any of your utilities, you can give the landlord a written demand to turn it back on. If the landlord still doesn't turn it back on, you have several options for getting the problem fixed.  
 
For more information, visit the Housing section on www.MontanaLawHelp.org. If you can't find the information you want, click on the LiveHelp button. Or, apply for help from Montana Legal Services Association at mtlsa.org or 1-800-666-6899.  

Secret Recordings (12/3/18)

Did you know that it's illegal to record a conversation in Montana unless all parties to the conversation know about the recording?  In Montana, you can't record anyone secretly. You have to tell them you're recording. The other parties don't have to consent to the recording, but you have to tell them it's happening. To read the law, see Section 45-8-213, Montana Code Annotated.
 
For more information, visit the Legal System section on www.MontanaLawHelp.org. If you can't find the information you want, click on the LiveHelp button. Or, apply for help from Montana Legal Services Association at mtlsa.org or 1-800-666-6899. 

Protecting Your Identity (12/10/18)

Do you know how to protect your personal information from identity theft? You can set up two step verification on your most important accounts. Freezing your credit files will prevent anyone from accessing your credit report without your permission. There is lots more that you can do to protect your personal information from identity theft.

For more information, visit the Crime Victims section on www.MontanaLawHelp.org. If you can't find the information you want, click on the LiveHelp button. Or, apply for help from Montana Legal Services Association at mtlsa.org or 1-800-666-6899.

Pay Day Loans (12/17/18)

Did you know that Montana caps interest rates on loans at 36%? High interest loans are usually called “payday loans.” If you have a payday loan with higher than a 36% rate, it may be illegal and you should talk to an attorney. You might have more options than a payday loan. Talk to a credit union or a consumer counseling group like GreenPath.

For more information, please visit the Money Problems section of www.MontanaLawHelp.org. If you can’t find the information you want, click on the LiveHelp button. Or call the Montana Legal Services Association HelpLine at 1 (800) 666-6899.  

Appealing Veteran Benefits Denials (12/24/18)

Do you know how to appeal your VA benefits denial to the Court of Appeals for Veterans Claims? Stateside Legal has free information and forms posted online to help you through your VA benefits denial appeal process. You can find the free resources at https://statesidelegal.org/. Montana Legal Services Association (MLSA) may also be able to help.
For more information, visit the Veterans section on www.MontanaLawHelp.org. If you can't find the information you want, click on the LiveHelp button. Or, apply for help from Montana Legal Services Association at mtlsa.org or 1-800-666-6899.

Cease Contact Letter (12/31/18)

Did you know that a debt collector must stop contacting you after you send a cease contact letter? A debt collector is a company that buys debt from an original creditor, like a credit card company, hospital, or landlord. Original creditors can still contact you after getting your cease contact letter, a debt collector cannot. Debt collectors can still sue you after getting a cease contact letter, so talk to a lawyer if you have questions.
 
For more information, visit the Money Problems section on www.MontanaLawHelp.org. If you can't find the information you want, click on the LiveHelp button. Or, apply for help from Montana Legal Services Association at mtlsa.org or 1-800-666-6899.

Services for Crime Victims (1/7/19)

Did you know that there is free and confidential help for victims of crime? Crime Victim Advocates (CVA) provide free, confidential help to crime victims throughout Montana. You can find your local CVA at your courthouse or domestic violence shelter. Montana Legal Services Association also helps eligible crime victims with civil, non-criminal legal issues.

For more information, visit the Crime Victims section on www.MontanaLawHelp.org. If you can't find the information you want, click on the LiveHelp button. Or, apply for help from Montana Legal Services Association at mtlsa.org or 1-800-666-6899.

Reporting Sexual Harassment in Housing (1/14/19)

Did you know that you can report sexual harassment in housing to the US Department of Justice (DOJ)? You can file a report anonymously if you don't want to give your name. After you report, the DOJ will investigate to see if there is a pattern and practice of harassment by the housing provider. You can file an individual discrimination complaint with HUD or Montana Human Rights Bureau, as well as to the DOJ. To make a report with the DOJ, you can call 1-844-380-6178. Or can email fairhousing@usdoj.gov.
 
For more information, visit the Housing section on www.MontanaLawHelp.org. If you can't find the information you want, click on the LiveHelp button. Or, apply for help from Montana Legal Services Association at mtlsa.org or 1-800-666-6899.


Winter Utility Shutoffs (1/21/19)

Do you know that your power company cannot legally shut off your heat between November 1 and April 1?
Between November 1 and April 1 the utility company may not shut off gas, underground propane, or electric service without PSC approval.  PSC is the Public Service Commission.  The PSC does not approve winter shutoffs if the customer cannot pay or if someone in the household is either 62 years old or handicapped.  
For more information, please visit the Housing section of www.MontanaLawHelp.org. If you can’t find the information you want, click on the LiveHelp button. Or call the Montana Legal Services Association HelpLine at 1 (800) 666-6899.
Free Tax Preparation Help (1/28/19)
Did you know that you can file your income tax refund for free? The fastest way to get your whole refund is by filing directly with the IRS. To find out where to get free tax help this season, go to MontanaFreeFile.org
 
For more information, please visit the Taxes section of www.MontanaLawHelp.org. If you can’t find the information you want, click on the LiveHelp button. Or call the Montana Legal Services Association HelpLine at 1 (800) 666-6899.

Utility Shutoffs - What to Do (2/4/19)

Do you know what you can do if the landlord shuts off your utilities? First, you should try to work it out with your landlord. Then, you must give your landlord written notice before taking more action. After you give your landlord a reasonable opportunity to fix the problem, you may take other legal action, like deducting rent or suing the landlord. Make sure you understand the process before taking action.
 
To learn more, read our article “4 Steps to Take if Your Landlord Shuts off Your Utilities” on www.MontanaLawHelp.org. If you can’t find the information you want, click on the LiveHelp button. Or call the Montana Legal Services Association HelpLine at 1 (800) 666-6899.

Protections for Domestic Violence Survivors in Public Housing (2/11/19)

Did you know that you cannot be evicted from subsidized housing for being a victim of domestic violence? If you are given a termination notice due to an event related to domestic violence, you can appeal the decision. There are other housing rights for survivors of domestic violence.

For more information, please visit the Housing section of www.MontanaLawHelp.org. If you can’t find the information you want, click on the LiveHelp button. Or call the Montana Legal Services Association HelpLine at 1 (800) 666-6899.

Free Tax Prep Help for Service members (2/25/19)

Did you know there is free tax preparation help for military service members? 
 
Military OneSource provides free tax filing services, including e-filing, consultation in-person and by phone, and online resources. Free tax filing help is available through Military OneSource to service members, including the National Guard, immediate family members, and eligible survivors. Learn more at https://www.militaryonesource.mil/
 
For more information, please visit the Taxes section of www.MontanaLawHelp.org. If you can't find the information you want, click on the LiveHelp button. Or call the Montana Legal Services Association HelpLine at 1 (800) 666-6899.

Elderly Homeowner/Renter Tax Credit (3/4/19)

Did you know that you no longer need to file a separate form for the Elderly Homeowner/Renter Tax Credit?
Seniors may now claim the credit directly on Form 2. There is no need to file the separate 2EC. There will be little change for those that e-file. The Homeowner/Renter Tax Credit is worth up to $1,000, even for those who don’t make enough to be required to file. To qualify, you must be 62 or older, live in a household with less than $45,000 in gross income, have owned or rented a home in Montana for at least 6 months, and been a resident of Montana for at least 9 months. 
 
For more information, please visit the Taxes section of www.MontanaLawHelp.org. If you can’t find the information you want, click on the LiveHelp button. Or call the Montana Legal Services Association HelpLine at 1 (800) 666-6899.

Hidden Fees in Refund Anticipation Loans (3/11/19)

Did you know that Refund Anticipation Loans often carry hidden fees? 

Some tax preparation companies will promise you no interest or zero fees to get your tax refund right away on a debit card. Many times the fees for these loans are hidden in the agreement and can cost you part of your refund. To find out where to get free tax help this season, go to MontanaFreeFile.org.
 
For more information, please visit the Taxes section of www.MontanaLawHelp.org. If you can’t find the information you want, click on the LiveHelp button. Or call the Montana Legal Services Association HelpLine at 1 (800) 666-6899

Collection of IRS Tax Debt (3/25/19)

Did you know that a new law requires the IRS to use third party debt collectors to collect IRS tax debt? 

You have rights under the Fair Debt Collection Practices Act (FDCPA) even if the agency is collecting past due taxes. The IRS must tell you when they transfer your debt to a collector. You will also pay your debt directly to the IRS, not the debt collector.
 
For more information, please visit the Taxes section of www.MontanaLawHelp.org. If you can’t find the information you want, click on the LiveHelp button. Or call the Montana Legal Services Association HelpLine at 1 (800) 666-6899.

You can also learn more about your rights under the FDCPA on our brand new article here: https://www.montanalawhelp.org/resource/know-your-rights-when-dealing-with-a-debt-collector-1

Online Tax Tool (4/1/19)

Do you know that the IRS has an online tool to help you find out how much you owe in taxes? The tool is on a secure website at https://www.irs.gov/payments/finding-out-how-much-you-owe. 

For more information, please visit the Taxes section of www.MontanaLawHelp.org. If you can’t find the information you want, click on the LiveHelp button. Or call the Montana Legal Services Association HelpLine at 1 (800) 666-6899. 

Criminal No-Contact Orders (4/15/19)

Did you know that a Criminal No Contact Order is issued when someone is charged with an assault or partner family member assault?
The Order protects the victim from the person charged with the crime. 
The victim may ask the Judge to extend the Order if one is issued. 
It’s a good idea to talk to a crime victim advocate and a lawyer if you have been assaulted. 
To learn more, read our brand new article “10 Things to Know about a Criminal No Contact Order” on www.MontanaLawHelp.org. If you can't find what you're looking for, try our smart search bar. Or call the Montana Legal Services Association HelpLine at 1 (800) 666-6899. Support free legal information for all Montanans at https://www.mtlsa.org/donate/.

Security Freeze to Personal Information (4/22/19)

Do you know how to ask for a security freeze? A security freeze is one of the most effective ways to prevent identity theft. A security freeze allows you to proactively “lock up” your credit information so no one can access it without your permission. This prevents a thief from using your information to establish new credit, like taking out a new mortgage, applying for a credit card, or get financing. A security freeze will not lower your credit score or prevent you from getting a copy of your own credit report. 

To learn more, read our brand new article “How to Protect Yourself from Identity Theft” on www.MontanaLawHelp.org. 
If you can't find what you're looking for, try our smart search bar. Or call the Montana Legal Services Association HelpLine at 1 (800) 666-6899. Support free legal information for all Montanans at https://www.mtlsa.org/donate/.

Using Evidence (4/29/19)

Do you know what you may use for evidence in an Order of Protection Hearing? 

You may use your testimony and your witnesses’ testimony. You may also use physical items like police reports, medical records, voicemail and text messages, and more if approved by the court.
 
To learn more, read our brand new article “How to Use Evidence in an Order of Protection Hearing in Montana” on www.MontanaLawHelp.org. If you can't find what you're looking for, try our smart search bar. Or call the Montana Legal Services Association HelpLine at 1 (800) 666-6899. Support free legal information for all Montanans at https://www.mtlsa.org/donate/.

Fraud Alerts (5/13/19)

Do you know how to request a Fraud Alert? 

People who suspect they may be an identity theft victim can have a special message called a fraud alert placed on their credit reports. It tells credit issuers there may be fraudulent activity on the account. 

To learn more, read our brand new article “How to Protect Yourself from Identity Theft” on www.MontanaLawHelp.org. If you can't find what you're looking for, try our smart search bar. Or call the Montana Legal Services Association HelpLine at 1 (800) 666-6899. Support free legal information for all Montanans at https://www.mtlsa.org/donate/.