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Can I bring legal action to an attorney that promised to help me with credit repair, and has bounced? I paid $300 to an attorney that works with a real estate firm specializing in credit repair, by disputing and of such nature. He hasn't done anything, he is now unable to be reached? Took my money and left but still around. Can I bring legal action to him? (His company states that he's doing it on his own). I need a good attorney to help me out, what kind of attorney could help me in this case? Please help me.
Are Credit Repair Services like RMCN legal and legitimate? I have recently contacted RMCN to help me get some false information off my credit report. Does anyone have any experience with RMCN or similar credit repair services they would share (positive or negative)?
Has anyone tried Lexington Law/Legal to help repair credit? did it work? How much did it raise your score, and why(what war removed)
Under the fair credit act is it legal to ask debtor to report an account as never late as a condition of? settling for a payment to pay off the account? On a past due account, that you are asking a debtor to agree, as a conditon of cashing a check as payment, that they agree to remove the item as ever being late period, and to settle for a lesser amount? Is this practice legal, a credit repair place said it was a tactic being used?
Credit Repair - Atlantic Pre-legal Services? I am looking to improve my credit score by 200 points over the next 4 – 6 months. Have you used the Atlantic Pre-legal Services http://www.atlanticprelegal.com/? How long ago? What do you think of their service? How many points did your score move? How long did it take to have your score move a substantial amount? Would you recommend this service to a friend?
How do I legally repair my credit? Has anyone paid for a legal firm to repair your credit? Does it even work???
Should I officially start a credit repair organization? I have been assisting several individuals with improving their credit. I know most companies are rip offs. However, unlike someone who takes your money and runs off doing nothing. I sit down and map out how to approach removing the credit issues. What I explain is anyone of course can provide these services. I am familiar with the FCRA, FDCPA, Statue Of Limitation Laws, etc. Last year in helping people I help 20 people acheive their goals. I feel I have something legitmite to offer people. I guess my question is I've checked with my state (MD) and I found there were no applicable licence for my business type. I only would have to be licenced and bonded if I act as one of these debt consolidation which I choose not to be. However, in networking I spoke to someone who advised my state is leary of that term....Does anyone know for sure if this is legal?
How can i increase my credit score while still in chapter 7 bankruptcy? What can i do to increase my credit score and be able to buy a home ASAP while i am still in chapter 13 bankruptcy? what is the best way to repair my credit, legal/illegal
Whats is illegal on credit report repair? I seing people advertizing making your credit get a bust of 120 points in 30 day for 29 a month! Is that legal. They do not explain what they do, or how they do and the legal consequences.
Credit repair? United Credit Association? Has anyone heard of United Credit Association? They are a credit repair agency. I want to know if those agencies are legal and if they really can repair your credit. My realtor recommended it to me because they had a meeting with some realtors in Houston, TX and they guaranteed to fix your credit in 6 months.
Do the instant credit and FICO repair companies really work? Whether it be legal or not is not my concern, I just want to know if I can really raise my score by paying someone to remove negative items.
Debt Control and Credit Repair? My husband abandonded me almost two years ago. I sent the finance company a letter requesting to be removed as co-signer on his car note and also sent a copy of our post-nump. They refused to do so and still put his repo on my credit report. Aren't they supposed to honor a legal document?
credit repair? Is it legal to help people fix their credit?
Is it legal to post signs on telephone poles? I have seen small signs for local busineses (like credit repair call this number etc.) posted on telephone poles etc.from time to time. I'd like to advertise my business this way as long as I'm not likely to get fined. How about sticking small signs into the ground on public property at intersections etc. like the politician do? Is this allowable to do? Thanks for your advice.
Does credit repair agency work? Hello fellow yahoo members, I am planing on signing up with a credit agency repairer and was wondering if these company work. I am all on collections and owe a large sum and I'm trying to set myself free. I have been taking a look at msicredit.com and wanted to see if its reputable and I will be charged additional fees up front with all legal documents. . I have looked on bbb.com to see this company and so far it looks great, but I need some golden advice on this so some knowledge would be highly appreciated. I have enough creditors cold calling and all that junk is make me sick, and also I don't have the time to just to settle everything by myself and I don't know where to begin. =( i work 2 jobs, so I have my hands tied. Advice please!!
Is it legal to charge a guest for damages or theft from a hotel room? I have heard many different opinions on this but little strong evidence. If a guest punches a hole in the wall can the hotel charge their credit card for repair? If they steal a coffee maker or bedspread, can the hotel charge them for it without their signature?
How do I market myself? I do credit repair, Admin. Assisting, Personal Assistant, Legal coding, Etc. and I need to market myself better. The business is slow so i need some new ways to get me self out there faster and more effective.
They fixed my credit for $600!!? I had 9 collection accounts,now deleted and late payments on 2 credit cards that are also deleted. The credit repair agency said that it is perfectly legal??? Is it legal? What do you think? How did they do it? I even got letters from the credit bureaus stating that the items are deleted... LOL no i dont its a credit repair agency. YOURRE NOT UNDERSTANDING the debts are valid! Accurate information! And no most are fairly new and i never paid them a dime! Mister Mister : The credit repair guy said that it is completely legal ...and he has been doing this for 10 years and as had no complaints! He even removes all your inquiries!
spending fast yesterday - stopped by bad credit today? my credit is a mess - i opened different accounts when i was of the legal age - but i fell in sum financal hardship and couldn't payoff my credit card and cell phone - i even got a repo - my life was down hill :( but now im 24 and would like to repair my credit - i tried to apply for an auto loan - i was accepted my a couple of places but at an outrageous price for the car and APR - i feel lost and frustrated!!!!! can someone help me please beautifulsomer
I am very late on my rent.The leasing office turns it over to legal today.How much time do I have? I was placed into a terrible situation that happened very fast.I went from a 25 percent wage garnishment,My wife left me after I just signed a new 6 months lease,I even had two jobs to make up for the wage garnishment.I had to choose between fixing my car or paying my rent.I am from Mississippi and living now in California.I have no family out here and don't wanna go back home.Mississippi pay really sucks.I had to choose my vehicle repair over the rent.Now I am worried about how much time do I have to move out before I am kicked out.I wanted to pay the rent but my car is more important because I work about 25 miles away with no bus stop near by.A cab cost me 40 dollars one way.Did I make the right choice on fixing my car?I need the apartment but getting to work is more important right.How much time do I have to get into another place before this is on my credit report?This is a two bedroom with only me now that my wife is gone and i can't find a roommate.Please give me positive advice.
Question about collection agencies and credit reports from old, OLD delinquent accounts.? We're NOT deadbeats, but 10 years ago we had a business go belly-up due to serious illness and lost EVERYTHING.....business, home, cars, everything. Medical bills wiped us out. We never filed bankruptcy, but it was REALLY bad, including foreclosure on our home. We've worked hard to repair our credit (which is pretty good now) and we're FINALLY squeaking by on our disability. We thought after seven years all past delenquent bills and judgements were removed from your credit report. NOW we're getting bills for them! Seems an agency "bought" all delenquent accounts from some of our creditors, and are threatening to put them on our credit report. There's no way we can pay these......we're talking almost 100k!! Is it legal for them to do this after all this time? Does anybody have any suggestions? We really, TRULY aren't dodging our creditors, but we're older, disabled, and on a fixed income. Paying ANYTHING on these old bills will be difficult. HELP!!!!
Credit after foreclosure question...? Long story short, my house was stolen by a dirty mortgage broker. This is a guy wanted by several gov't agencies, and currently in court with the DA's office. He literally stole my house (and several other people's) and my lawyers said my best option was to stop paying and hope the bank forecloses on him. Yes, I am still pursuing legal action for this situtation. OK, so I only stopped paying on the house, and it apparently (one year later) just sold in a foreclosure auction. I now have a foreclosure on my credit report, which I know will be there for 7 years. All of my revolving credit cards are paid on time and usually in full. I have money in the bank. So basically, everything else is in tact but *the house*. Who do I call to repair my credit? Debt consolidation company, bankruptcy attorney (even though I am NOT filing for bankruptcy)? Is time my only option? How do I repair it if my only debt is the house? Let me know if you know the answer to this because I am confused.
Is my credit too terrible for renting? I have a 650 credit score, and I have some negatives on my credit report from 2002-2003. Since then I have had no problems, but one of my 2002 accounts was re-aged to 2007 and I'm trying to have that removed since that's not legal in my state. However it will take time to remove it. I have 3 charge-offs from 2003, but I have only good standing accounts since then (about 8). I make a good amount of money and I have never been even a day late paying rent in 3 years. (before that, I lived with my parents and didn't pay rent) and my landlord will verify. Do you think my credit score and report will prevent me from renting a house? I mean in YOUR opinion.. of course no one knows what my landlord will do. But what do you think? Trust me, I plan to repair my credit, I'm just really nervous because it's hard to get over my first couple years of being an adult with credit cards. I just didn't understand how it worked at the time. I know now! Thanks for the replies so far, folks. :) To answer a couple questions - I can't buy a house now because I'm in college and I don't want to live in this city most likely, so I don't want to be tied here. One thing is, my landlord doesn't get the credit score, just the report. I'll send the score along also. I'm trying to decide if I should explain the negatives (does "I was a dumb 20 year old" count? Haha...) or just let it go. All of my other references are great though. I just stress out about money situations!
How Can I sue An insurer? My insurance company ( Allstate ) is trying to weasel out of paying for a transmission damaged in a collision. Car is at 2nd shop being evaluated assuming these jerks refuse to pay can i sue them not only for repairs but interest cause since i'm dam near broke gonna have to charge work on high interest credit card. Is there legal aid or insurance commision that can help I'm in vermont ty
Can credit cards report me if i pay them something a month? i had some troubles, like a car repair that ended up costing over $1,000. i had been paying my cards on time, but the repair combined with the rental car, and rising gas prices, as well as security deposits on my utilities (just moved to a new rented house), i got far behind. what's worse is that one of my past bills is threatening legal action, so i need to pay them before anything else. my question is if i pay at leasts something to my other cards each month, can they report me to collection or file a warrant of debt? i plan on starting to pay off my other 2 accounts after i pay off this one, but i can't repay all at the moment, or make the minimum on all. and yes, i tried calling my other creditors...what they want as a minimum payment i can't afford for the next 2 months, and they are still going to charge me interest. my question is can they start legal action or report me to collections if i pay SOMETHING every month? I know my credit is shot.
Florida legal help needed regarding purchase of a bunk scooter? I purchased a scooter from a repair shop in Orlando fl. I suspect they have no dealer license. They were selling via a company called USA wholesale scooters, and even my temp tag for the scooter was faxed The scooter turned out to be total junk and fell apart in under 26 miles and 24 hours The guy who sold it to me said he spoke to "his uncle" the owner/mgr. of the company, and it would be no problem to refund 100% due to all the malfunctions. Well a week later the credit after they came and picked up the scooter still wasn't issued. So i called the guy and he told me to call USA wholesale. They said I was not I getting 100% back, that they were charging me 400 bucks as a 20% restock fee for their bike as printed on bill of sale. I had the guy who sold it and picked it up sign the back of the bill of sale stating a full refund would be issued. So far, I have filed with BBB, am contacting DMV about if this guy had any right to sell the bike, etc. any other advice from any legal folk?
tricked into financing a car; high interest rates! any legal ramifications for car salesmen to refund money? I know someone close to me who while literally off his med, financed a 2003 Buick LeSabre for something like 13,000, the actual amount of the car is about 8000. He had the money to just buy the car but the salesman insisted he finance it (to build credit) the car broke and needed repairs 2weeks later and since then my friend has given the car back and has not received any money and is just wanting to be rid of the car. HE LET THEM KEEP THE MONEY! What can I tell him to do to get some sort of reprieve from these people who think it is okay to take advantage of someone! PLEASE HELP
What are my chances of sueing my Realtor and winning? California? Hi, I hired a real estate agent to lease out my house. The agent found a tenant and I signed the lease agreement along with the tenant. The tenant never paid any rent after the initial first month and deposit. It turns out that the tenant had an eviction last year and my Realtor did not run a credit report. The Realtor approved the tenant by a character judgment based on the personal property that the tenant had (expensive cars, watches, etc.). I had to go through an expensive eviction proceeding (not to mention 3 months without rental income) and the tenant damaged my home which will cost me over 15k to repair! Do I have any legal recourse against the Realtor and if so, what would be my chances on winning? Thanks The contract is a standard National Association of Realtors lease listing agreement for Southern California. It does not state that a credit report must be performed, but it states that the Realtor will perform due diligence in finding a tenant.
Can my insurance company sue me?!? I have an SR22 filing in the state of Ohio. Last Sept I was in an accident (my fault )hit a young woman. The brakes on the car failed.I stated this to the officer and insurance company. The insurance co declined to have the car examined by a mechanic although the officer said if that was the case I would not be liable. Now the insurance company is wanting me to repay them for the loss (they are threatening to sue me). I have no real property or any assests for them to attach liens to. Is this legal? Ive worked really hard to repair my credit, although its not great Im getting there. Im concerned about my credit rating and the long term effects.Is there anything I can do?Any adivce would be appreciated.Thnks. I was covered at the time of the accident, although I only had liability coverage which is legal in the state of Ohio. For that smart ass thats a top contibutor it wasnt a rear end collision. Two officers saw my car skate through 2 red lights while honking my horn and screaming. I tried to through the emergency brake, force the car into park, even cut it off.THEY NEVER LOOKED AT MY CAR YOU IDIOT.As i stated in the question they declined to do this. They have not even given me notice as to what they are attempting to collect the payment for.Also it is not the other party's insurance, its mine as the question states.
Legal question? Help!? Hi I had an accident a year back. It was my fault, and I gave my details etc to the person for them to get their monies. Their insurance company issued a summons against me for non payment of the repair costs as my (reputable) insurance company was being slack in making payment. I faxed the summons to my insurance company who duly paid the costs. I just got back from holiday to find that I had a judgement passed against me. Its obviously some sort of mistake, but these kind of things can have a huge impact on credit ratings etc. WHat shall I do? Help!!! Can these judgements be reversed?
What legal action can I take against my dealership? I want them to take this car back.? I purchased a 1999 Mitsu Eclipse in 08/07. I was sold a one-year warranty for $2,000. In 01/08, my car had a problem that was covered under that warranty. I tried to make a claim for it with the warranty company, I was informed that my contract was never in effect since my dealer didn't pay for it. Called the dealer and had to go through the run-around BS for five months. So I had to pay for the repairs myself, which cost $1000(and $50 smog check). I told them to either refund my warranty of $2000, or pay my repair bill. They said they'd pay my repairs once I faxed the invoice to them. They haven't. Also in March, they smogged my car and told me that they had a different warranty for me all along but didn't tell me, so I got a a new warranty with a few months left. I reported them to the BBB and they said they paid me but STILL HAVEN'T. And they haven't reported on my credit so I'm still a 1st-time buyer and can't trade in. I want to sue them and take the car back for a full refund.
Is this legal? I cosigned for a car for someone and the dealer put my name on registration instead of owner I get all the parking tickets what can I do. The vehicle is up for repossession but they cannot find it. Can the finance company get the police involved to find the vehicle? Help! I know my credit is messed up but I cannot deal with paying the persons parking tickets too. I would rather them finding the car so I can start repairing the damage that has been done.
If a husband, uses psychologic duress against the wife for 27 years, does the law provide for legal separation Husband has always been jealous of children from previous marriage and wife has walked on egg shells to keep the peace the entire marriage. The husband 6 years into the marriage was diagnosted with colin and prosrate cancer, had surgury and wife stuck by him changed his colostomy bags until he could on his own. started business and paid for business expenses, and marital home without help from husband, he banked his disability from SS and company he worked for. Each time she came into money 40,000. , 7,000.00 and 25-30,000. he made her give him the money of pay off a house or one of his cadillacs. She got into credit card trouble to the tune of 40,000. and he made her borrow the money from him. The husband has an IQ less than 100 and wife about 140. The husband can not read a map or has no home repair skills at all, wife has always had to do the work. Husband believes in God and is Christian as is the wife. He has told her he doesn't care if they stay married or not. No love in him .
Legal Question? I recently let my friend use my credit card to purchase a audio car player valued around $800. However, after bringing his car to the shop to get repaired, his car was broken into and the deck was robbed (it was already installed and working). He refuses to pay me now, even though I have VISA records of the purchase, as well as witnesses who saw our "casual" verbal consent of the agreement. What can i do? The shop also claims that they are not held responsible for any actions that take place on their lot. My friend says apparently there is some sign saying this. I'm unsure if his car insurance covers theft but it doesn't seem like an option. P.S. I live in Ontario, Canada and $800 is quite valuable to me. Does he have any chance to recover the money from the shop for negligence in safeguarding the vehicle, again I'm pretty sure there is a sign saying they are not responsible for anything that happens to the vehicles
Is it legal for Caerphilly Borough Council to leave a young family in accommodation which is? unfit for human habitation if: They own the property and They are unable to raise the £1,700 "personal contribution" towards a Renovation Grant? We are in this situation (please don't suggest ways to raise the money we have tried everything including: Loans (can't get one due to low income and poor credit) Savings (we have none!) Borrowing more on Mortgage (refused due to low income even though I explained it was for essential repairs to the house) Family (mine can't help. His refuse to help). We have a 13 month old baby. Due to severe damp and a failed heating system he is constantly ill and I can't even bathe him in the freezing cold damp bathroom or prepare his food in the damp, cold mouldy kitchen. The council simply said that if we can't raise the contribution tough luck and we don't get the grant. When I asked what will happen to us in an unfit property (which will get worse without the work) they just said it wasn't their problem. Any advice? And what are they doing with the £80 Council Tax we pay them every month? I also want you all to know I will not take this lying down. I have already contacted CAB, Shelter, my local councillor and MP, next stop is local and national press plus TV. I will sue them if I have to. They will not get away with it. I'll make Gordron Brown himself answer for this one! CBC crossed the wrong woman when they tried it on with The Moonlight. Selling up may be very problematic due to negative equity as a result of the deterioration of the extension due to the damp. Alan - the survey did not reveal any problems with the property, other than that the heating system was antiquated. the extension roof and drainage has since failed (extension has been shoddily built circa mid 1980s), yet this defect does not seem to have been evident on the survey. The Council has been lax and lazy in its investigations and still are not 100% sure what is causing the damp. I have a meeting with the Head of Environmental Health for the council next Weds, if that comes to nothing next stop is a solicitor and the press! Paul D - I guess then I can stop paying their extortionate council tax bills if they are "not responsible" for helping me then can I? My Grain - the Council do not own my house, the Council give Renovation GRANTS to enable house owners whose houses need work to meet fitness for human habitation standards. Apparently you only get the full Grant if you are not working. If you work you have to pay a "contribution" towards it or you do not get the Grant.
what is the legal definition of bushing? is there such a law in california? i purchased a used car from a dealer in CA a month and a half ago with a 5% APR. but now they're calling me that i am not qualified with that percentage and that im gonna be paying more than that...is there some kind of a law that protects consumers regarding this kind of problem?.......i am also having problem with that car coz i spent $2,000. for repairs while I was travelling from Ca to Ga...if i am gonna return it coz i am not satisfied, can that affect my credit score?....
If a gas attendant pumps diesel into a gasoline truck, is the station liable for damages? In Oregon you can not pump your own gas.I pulled into a station that I normally do not use and pulled up to the diesel only island.Stepped out of my 82 ford p.u. and gave the girl my credit card and said fill it up with regular.she pumped 15.7 gals of diesel into my truck and I drove away.Ten minutes later my truck broke down and had to be towed to my home then to a repair shop.I still did not know that there was diesel in my tank. The repair shop figured it out and now I have two tow bills and a repair bill. I filed a complaint with the station and the main office called me and the girl said that she would present the problem to the owners and see if they want to help me out with the expenses that I got. Do I have any legal right? Is the station liable?They are going to call back Mon. or Tues. with there answer. The woman that called me said that they train there people to repeat the order back so as not to get it wrong,this was not done.
Personal grants and/or other free money resources? I am looking for a place where I can get personal grants, or something like that (free money basically). I do work full time, but my Fiancè is at college and cannot work much. We are getting married this summer and need to get some money for that among various other things like bills and repairs for our house and cars. I do not want any fake or hokey sites, they are all scams. I do not want any of those "Refer 10 other people and get so much money" deals, they are all scams as well. I want a free, legal and legitimate way to get some money without taking out a large loan, since I already have a credit card, car loan, mortgage payment, etc. Is there such a thing? Thanks in advance! My Fiancè is finished with college in 1 month...that is what poses another problem because then we will have to begin paying back the loans. I am looking for a way to get some extra money so that I can afford to make all of the payments I need to.
Post Dated Checks? I have a list of creditors that I am currently paying back to repair my credit. One creditor in particular is a thorn in my side. They will not accept my monthly payments that I've been sending for two reasons. One is because my payments is too low and they are asking for 3 times a larger amount, second is because they want practically a year's worth of post dated checks of the amount they are asking for. I do a strict budget analysis every month and I know exactly how much I can afford to send to them. I've been sending them payments by money order faithfully for the past 4 months since the account been in collections. I've had bad experience with post dated checks, and refuse to have my financial situation any more uncomfortable trying to pay them what they are asking. I'm highly considering ignoring them and just continuing to send them what I've been sending them. Are the post dated checks illegal? and can they take legal action against me for not making an agreement with them?
Debt Elimination? Has anyone ever tried debt elimination? A company has contacted me about completely erasing my entire credit card debt within 1 year, then repairing the credit. Their website has testimonials of many people in all states. It is supposed to be a legal process and there is a lot of information to back that up. Has anyone ever done this before?
What do you think of the following article? EXTRA HELP When Special Education Goes Too Easy on Students Parents Say Schools Game System, Let Kids Graduate Without Skills By JOHN HECHINGER and DANIEL GOLDEN August 21, 2007; Page A1 GREENPORT, N.Y. -- On June 25, 2006, Michael Bredemeyer threw his tasseled cap in the air and cheered after getting his high school diploma. Two days later, his parents mailed the diploma back. [More Data on Mainstreaming] * * * Plus, read more about the challenges of integrating special-needs students, at WSJ.com/Mainstreaming. Michael, now 19 years old, has learning disabilities and finished high school at a seventh-grade reading level, despite scoring above average on IQ tests. The Bredemeyers say he passed some classes because teachers inflated his grades and accepted poor work. By awarding him a meaningless diploma, they say, school officials avoided paying for ongoing instruction. "I felt proud because he had worked so hard," says Michael's mother, Beverly, her voice breaking. "You don't want to take that away from him. But you knew it wasn't real. What's he going to do in the future? Will he be able to go to college and get a job?" The Bredemeyers represent a new voice in special education: parents disappointed not because their children are failing, but because they're passing without learning. These families complain that schools give their children an easy academic ride through regular-education classes, undermining a new era of higher expectations for the 14% of U.S. students who are in special education. Years ago, schools assumed that students with disabilities would lag behind their non-disabled peers. They often were taught in separate buildings and left out of standardized testing. But a combination of two federal laws, adopted a quarter-century apart, have made it national policy to hold almost all children with disabilities to the same academic standards as other students. The 1975 statute now known as the Individuals with Disabilities Education Act promoted putting special-education students in mainstream classrooms. The 2001 No Child Left Behind Act said schools would be punished if disabled children don't pass the same state tests as other students. It also requires states to set standards for high-school graduation rates and meet them for all students, including those with disabilities. By some measures, the extra attention is paying off. Test scores and classroom grades of disabled students are rising, and their high-school graduation rate increased to 54% in 2004 from 42% in 1996. But critics say some of the gains have come because schools have learned to game the system. For instance, federal rules allow states to make "reasonable accommodations" to help disabled students pass tests and graduate, such as allowing extra time on exams. Some schools, say critics, are giving students too much help, for instance by guiding students to the right answers on multiple-choice tests. MAKING THE GRADE • The Issue: Some parents of students with learning disabilities say their children are graduating too easily. • The Background: Federal laws raised school standards, but left loopholes. Increasingly, special-education students get special help to pass tests. • The Problem: If schools game the system, those students move on without the skills they need. From 2000 to 2005, special-education fourth graders showed more improvement in reading and math than the general population on an important benchmark test, the National Assessment of Educational Progress. But accommodations also increased. In 2005, 70% of fourth-grade special education students received some sort of accommodation while taking the math portion, up from 44% five years earlier. In reading, 63% used accommodations in 2005, up from 29% in 2000. On tests used to measure compliance with No Child Left Behind, more states are permitting students with disabilities to use calculators on arithmetic tests or have reading-comprehension tests be read aloud. Massachusetts education commissioner David Driscoll warned school administrators in February that an alarming number of special education students -- a quarter or half in some cases -- were receiving such accommodations on state exams. With unclear guidelines, "People start driving trucks through loopholes," he said in an interview. Some school districts have an informal policy against failing students with disabilities even if they miss many classes or aren't learning. "I can go into any school we represent and have somebody tell me we have to pass special education students" to avoid being blamed for not providing the right services if students fail, says Janet Horton, a Texas special-education attorney. Federal law says special-education students should receive a "free appropriate public education," but it doesn't prohibit failing them. Mardys Leeper and Carol Merrill, former teachers at West Philadelphia High School in Pennsylvania, say a special-education administrator there ordered them to pass special-education students. Ms. Leeper says she made concessions for students with disabilities, such as letting them write shorter essays or copy paragraphs she wrote onto a word processor rather than composing their own. But when those students didn't make an effort, or skipped class, both teachers say they sometimes sought to fail them -- only to have the administrator insist on passing grades. The reason they were given: Students had met the goals of their federally mandated individual education plans, IEPs, spelling out goals and services for each special-education student. "Students who weren't even participating, even trying, we couldn't fail them," says Ms. Merrill, an English teacher who retired this year. Even if they couldn't read, "I had to give them a 'D.'" The administrator couldn't be reached for comment. Brenda Taylor, head of special education for the Philadelphia school district, called the matter a "breakdown in communication." The district has no written policy against failing special-education students, she says. But rather than being "punitive" if a student performs poorly or cuts class, she says, the district prefers to revise a student's IEP. "We're not in the business of failing students," Ms. Taylor says. Only 19 states require all students to earn the same kind of diploma, according to a recent University of Minnesota survey. Some of those states let special-education students amass fewer course credits to earn the degree, the survey found. Other states give substitute certificates, in some cases called IEP diplomas, to special-education students who don't qualify for standard diplomas. Many special-education parents are happy to see their children advance through school and graduate. Reggie Felton, director of federal policy for the National School Boards Association, says special-education students learn more in regular classes even if they're given a break on assignments or grading. The federal government recently decided to triple the percentage of students allowed to take easier tests, to 3% from 1%. Some legislators have proposed exempting more students. But the rebellion against too-easy passing is growing, says Pam Wright, who with her husband has co-authored books on special education issues and operates a Virginia-based information clearinghouse for special-education parents. She estimates she now receives more than 1,000 email messages a year from parents lamenting that their children with disabilities take mainstream courses but aren't being taught as much as their classmates. Dozens of parents have contended in recent administrative appeals that their children did not deserve the diplomas they received, she says. The family of Alba Somoza, who has cerebral palsy and speaks only with the help of a computer, filed one such case. Alba drew national attention in the 1990s when her family successfully pushed to include the then-third grader in a regular classroom. Then-President Bill Clinton backed her cause, and Alba, now 23, graduated with honors from a New York City high school in 2002. Last year, Alba and her family filed an administrative case claiming her education was a sham. A school report prepared weeks before she graduated showed she had language and math skills at an elementary school level, court records show. "You cannot shunt children through -- you cannot scam them through the system," says Alba's mother, Mary. [Michael Bredemeyer] Since shortly after she graduated, New York has been paying for a special program for Alba that costs $400,000 a year -- including a full-time teacher, an aide, transportation and extensive technology. The city says it is doing so out of compassion, not legal obligation. The family is seeking to continue the public funding another year to help Alba receive enough education to work as a museum docent. The Somozas lost the administrative case, but a judge in U.S. District Court in Manhattan ruled in the family's favor earlier this year and ordered another hearing. Rather than develop a program that would help Alba reach her academic goals, teachers lowered the curriculum's "level of difficulty" and removed "large and meaningful portions of its substantive content," the judge said. One teacher testified that he did most of the work on Alba's final project in 2002. New York officials say the school properly adapted the curriculum for a severely disabled student. In northern California, Jennifer McGowan, an 18-year-old who is deaf in one ear and suffers from attention deficit hyperactivity disorder and learning disabilities, was supposed to graduate from Vacaville Unified School District in June. She didn't get her diploma -- because her family won a court injunction to stop it. In an interview, Jennifer said she often received A or B grades for poorly completed work or, at times, when she didn't do assignments at all or show up for class. Achievement tests she took in January 2005 showed that she had the math and reading skills of an elementary-school student, according to her administrative complaint. The school district denies her grades were inflated and said she showed her proficiency by passing a high-school exit exam. John Aycock, Vacaville's superintendent, said teachers did "a great job working with Jennifer." Jennifer says she failed the exit exam several times despite intensive preparation. "They just wanted to pass me and let me fly by," she says. The school system says it's not unusual to make several attempts to pass. At the Mercer Island school district in Washington state, the family of a girl with severe learning disabilities complains that, instead of the intense instruction she needed to master reading and math in eighth and ninth grades, teachers showered her with accommodations: a peer note-taker, a peer to read materials to her, oral exams, reduced assignments and a calculator on math tests. At an administrative hearing, the family -- whose names are not disclosed in the court papers -- sought to force the school system to pay for her private schooling. Noting her strong A and B grades, the district successfully argued that accommodations were helping her learn. In U.S. District Court in Seattle, a judge hearing an appeal of the case disagreed last year, saying the system improperly relied on accommodations rather than instruction, and has returned the case to a hearing officer to determine financial relief for the family. Boxes of school correspondence and Michael Bredemeyer's old tests and assignments line the hallways of his family's weather-beaten saltbox house in Orient, N.Y., on Long Island's North Fork. Michael's parents are demanding public funding for more services until age 21, to which students are entitled unless they graduate, so he can improve his academic skills for college. John Bredemeyer, a county public-health inspector, and his wife, Beverly, had high hopes for Michael, who has a strong work ethic and a knack for repairing machines. But once he entered public middle school in nearby Greenport, his parents worried that teachers were letting him skate through classes and tests. Michael, who has attention deficit hyperactivity disorder and learning disabilities including dyslexia, says in some classes he "definitely earned" a passing grade, but others were "borderline." He took regular classes except for one period a day. "A little more one-on-one" instruction would have helped, he says. On state achievement exams, Michael's IEP permitted him extra time, simplified instructions and guidance from a teacher to slow him down if he rushed through answers. But when he completed the eighth-grade math test, his special-education teacher also took him to the resource room and directed him to redo problems he had answered incorrectly. According to a memo from Greenport Superintendent Charles Kozora, the teacher "exceeded the intent" of Michael's accommodations, boosting his score. The state investigated and invalidated Michael's test. [Revolt] Mr. Kozora said the school system had only two cases of testing irregularities in six years, few conflicts with parents over special education and "many successes" among students with disabilities. The district says achievement, and not cost, dictates its decisions on graduating students. When Michael was a junior at Greenport High, his chemistry teacher passed him with the minimum grade of 65, even though he says he spent much of the class doodling and playing solitaire on his laptop. Checking his assignments and tests, his parents couldn't understand how he could be passing. In a letter, the school principal acknowledged that the final grade was a "miscalculation" and should have been 56.6, or an F. The school offered to let him make up his lost credits by volunteering in the town library. When his parents balked, he was instead placed in courses in sociology and psychology. On one psychology pop quiz, five of Michael's seven answers were marked wrong, but a failing grade was crossed out on the paper and a passing score of 65 was substituted. The school district declined comment. For a senior English assignment, he received an A for one untitled paragraph. "I believe competition today has changed dramatically," he wrote. "Back in the day, sports was some of the only sports that had competition. Today, everyone wants to compete and only be successful. School work, school sports, major league sports, all involve high amounts of success and competition. Competition today has become very extreme." His English teacher, Michael Connolly, said he didn't remember the assignment and had no comment on the grade. On standardized tests, Michael had mixed results: On the SATs, which have a 200 to 800 scale, Michael received 330 and then 370 in two tries on the reading test, in the bottom 10% of all students nationally. On math, he scored 460 both times. He failed two state exams and passed five others. His school grades put him in the bottom one-third of his class. A month before graduation, the Bredemeyers debated whether he should accept the degree. "I wanted to have it," Michael says. "Get it and forget it." On graduation day, a school band played "Pomp and Circumstance." Michael's parents, his sister, his grandmother, aunts and uncles watched as he walked up to the podium and a school official handed him a purple diploma case with his name etched in gold letters. Michael says he knew his parents might not let him keep it. "I had a feeling they'd do something like that," he said, shrugging. "I'll eventually get it back, one of these days, months, years." This summer, Michael has been mowing lawns and picking up trash at a state park for $9 an hour. This fall, he plans to enter his second year at Suffolk County Community College, which does not require a high-school diploma. Last semester at Suffolk, he received a D-plus in freshman composition, D's in statistics and Western Civilization and an F in the history of rock 'n' roll. Write to John Hechinger at john.hechinger@wsj.com and Daniel Golden at dan.golden@wsj.com RELATED ARTICLES AND BLOGS Related Content may require a subscription | Subscribe Now -- Get 2 Weeks FREE Related Articles from the Online Journal • The Kids Are All Right • School Choice and Racial Balance • Back to Failing Schools • Tort-a-licious: The Trials of Law School Blog Posts About This Topic • SaukValley.com - Serving Dixon, Sterling & Rock Falls saukvalley.com • August 14, 2007 edspresso.com More related content Powered by Sphere
Is a verbal contract for a mobile home binding in Florida? Fourteen years ago my husband and I were trying to buy a mobile home. Our credit, at the time, was not good so my parents bought us a mobile home in their names.At the time my husband asked for something legal stating their intentions to legally turn it over to us once it was paid for. Not only did they refuse, but we were also told to lie and say we were "housesitting" if anyone asked, since they apparently told the insurance co. that they were buying it as a "vacation home". To date we have never recieved ANYTHING in writing from them in regards to this mobile home.Not even so much as a reciept with the balance. We are supposedly renting to own it . We cannot get them to make repairs, and there are a great many things that need repair. My husband is now physically disabled and we have since had a child who is disabled. We do not qualify for assistance with repairs since we have nothing legal. Basically we need to move and not have to pay them rent as well. I really do not want to screw over my folks in regards to the payments. My concern is that since I am the only one able to work (and all I know is nurses aid work) that I will not be able to make payments to them and rent/mortgage payments elsewhere. There are also safety concerns for my kids since two are disabled (one mildly and one more severe) due to the condition of this place. bestone: Our having them put it in their name was a last resort. Actually they offered to. We already had found a place that would have financed a used mobile home to us w/out a co-signer and all we needed was set up money, which was what we originally only went to them for. I was pregant at the time and we desperatley needed a larger home. They said not to get a used mobile and offered to co-sign for us tto get a new one. When that did not work, then they just finaced it themselves.
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