About Doug Mentes, Esq.

Doug Mentes, Esq. Articles written 126

Douglas Mentes is an alum of Drake University with a degree in journalism, who has covered news in Washington, D.C., Minneapolis and Salt Lake City. He has a law degree from William Mitchell College of Law and ran his own law firm for more than 10 years in St. Paul, Minnesota, earning designation as a Super Lawyers Rising Star. He practiced in the areas of family law, real estate and probate, handling several successful appeals. He currently covers bankruptcy law for Thomson Reuters.

Articles written by Doug Mentes, Esq.

Gifting and Transferring Assets to Qualify for Medicaid

What Florida seniors are allowed to do with their assets

It’s common for seniors to consider giving away assets to family members for eligibility purposes while planning toward eventual application for Medicaid benefits, because coverage is restricted to those with limited assets. If a senior makes a transfer during the “look-back” period, they risk losing Medicaid coverage for a period of time. However, according to Medicaid law, not all gifts or sales are prohibited within said period. Those considering applying for Medicaid soon must …

Should I Get a Health Care Directive/Advance Directive?

For Minnesotans, it’s little effort to ensure important decisions are decided correctly

When considering end-of-life decisions, there’s a common concern that people may be put in a situation where they are unable to make medical decisions for themselves—and that they may prefer different treatment preferences than the providers in charge. To protect against these concerns, people can plan ahead and have a advance care planning framework in place that requires their beliefs and decisions are obeyed when they are unable to express those wishes. That is the reasoning behind …

Will Medicaid Pay for Nursing Home Care?

Navigating the complex laws of Medicaid in Oregon

Whether you are nearing retirement age or you are the loved one or family member of a senior, you have likely begun to understand the enormous costs of long-term care for the elderly. On top that, the laws and rules in place for determining how to manage those costs are complex. Costs vary by region and location, but annual costs approach $100,000 for nursing home care, and $50,000 for an assisted living residence. About one-third of nursing home residents pay out of pocket for those costs. The …

Disputing a Furnisher in a Credit Information Suit

California consumers should know the laws and obligations that protect them

Seungtae Kim ran into a rather odd situation in 2013. An acquaintance of his somehow fooled an auto dealer and BMW Financial Services into thinking he was Kim—and they sold him a BMW. Several months later, Kim applied for credit and learned he had a report for a repossessed BMW within his credit file. He quickly filed a police report, reported information and notified the furnisher, BMW Financial Services. To the Kim’s surprise, BMWFS refused to remove the inaccurate information and told …

Seeking Damages for Background Check or Credit Reporting Errors

A Florida attorney can help you secure punitive awards against consumer reporting agencies

Consumer reporting agencies (CRAs) often make errors with the consumer information they maintain and share with users. If the CRA is to blame for the errors, it may be liable for damages. There are two measures of unlawful conduct for CRAs: a negligent failure, and worse, a willful failure to comply with the Fair Credit Reporting Act (FCRA). Punitive Damages Are Awarded To Punish, and Deter Future Conduct Under a negligent failure, a CRA is liable to a consumer for the consumer’s actual …

What Can You Get for an Inaccurate Credit Report Lawsuit?

The damages Washington consumers can expect for violations of the Fair Credit Reporting Act

Between securing a potential new job and major purchases like a home or car, credit reports can have a significant impact on our lives. The outcome of such events can hinge on the results of a report. It may come as a slight comfort to know that the consumer reporting agencies (CRAs) issuing these reports have requirements under the Fair Credit Reporting Act (FCRA). Should they fail to follow them and violate the FCRA, and if that violation negatively impacts a consumer, the CRA may be liable …

Minnesota Courts Can Take Domestic Abusers’ Guns

An order for protection or misdemeanor conviction can be grounds to bar owning firearms

Domestic abuse victims, as well as their family members, must be proactive to limit the threat of potential future abuse, bodily harm and one of the best ways of doing so is by learning the laws that are meant to protect them. Seeking a protection order (OFP), which prohibits any contact from the abuser, is often the first step in protecting victims of domestic abuse. But there are other caveats at play with such orders, including preventing the abusing party from the possession of firearms. …

What If You Find Mistakes in Your Credit Report?

Get to know the laws consumer reporting agencies must follow

The large consumer reporting agencies (CRAs) maintain credit files on approximately 200 million Americans. CRAs include Experian, Transunion and Equifax, as well as many smaller firms. They have many obligations, required under the Fair Credit Reporting Act (FCRA), for the credit information they keep. Permissible Purposes The CRAs provide credit reports to “users” of the information. Users are typically credit card companies, insurance companies and employers. Those users must promise the …

Is Your Vehicle a Lemon or Not Lived Up to its Warranty?

Illinois car owners should know the vehicle maker informal dispute resolution process

Illinois new vehicle owners seeking relief for breach of their vehicle warranty or under the state’s lemon laws are often required to first submit their claim to the manufacturer-funded informal dispute resolution process (IDR). Failure to do so may bar relief to the owner, from either the vehicle manufacturer or the courts. Under the Magnuson-Moss Warranty Act, new car manufacturers are required to offer the IDR process to vehicle owners still under their manufacturer’s warranty. That law …

Make Sure Your Employer Follows the Law for Background Checks

What employees in New Jersey need to know about their records

If you’re on the job hunt, you can expect that your potential employer may do a employment background check on you. The Fair Credit Reporting Act (FCRA) authorizes employers to obtain and use background or consumer reports for employment decisions. Employers can obtain reports on job applicants as well as current employees. But those employers must meet certain obligations in so doing, and you may want to know them in case they overstep their bounds. Get Ahead of Potential Negative …

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