1. I just got my bill and my jaw dropped when I saw the assessed value! There’s no way my house would sell for that amount right now!

We’ve heard so many people gripe about that. Keep in mind this year’s tax assessment is based on 2007 real estate sales. The state-mandated formula for calculating property tax means values always lag behind a year or so. The ups and downs of the market catch up with you eventually, but if the real estate market tanks (or spikes) you won’t see it reflected in your assessment right away.

2. What should I do if I STILL think my bill is too high?

Instead of paying the price, pay a visit to your town hall or this website.  Ask for, or print out, a property tax abatement form.

3. Okay, so I got it. Now what?

Do some research! Since an abatement may be granted based on comparing your home’s value to others in your neighborhood, check for info on comparable local property sales. Remember — you have to look for 2007 transactions. Many cities and towns have all the data on this website. Other communities have sales information available in the assessor’s office. Abatements may also be granted based on mistakes or errors in the description or measurement of your home. Has your community’s assessor actually inspected it recently? They may be thinking you have three bathrooms, but you really only have two. Or you have 3,000 square feet, but really it’s 2800. You may want to suggest the assessor pay a visit to your house if it hasn’t been checked out recently. (Um, remember, if they don’t know about that new finished basement or your snazzy new kitchen, your assessment could go up.)

4. Then what happens?

Submit the info to the assessor’s office. And wait. Sometimes it takes a couple of months for the town to get back to you. If you prove your home was worth less than what the assessor thought, then you win! You get a letter telling you the amount of your abatement. If you get the big “rejected stamp,” called “denied” in assessor jargon, you can still plea your case to the appellate tax board, but that can be costly and time consuming. You may also need to hire an attorney. So try to put all the documentation you can in your initial application. Experts told us — doing your homework is a big asset.

5. Where am I more likely to get an abatement?

We polled dozens of Massachusetts’s communities and found in Newton last year 75% of abatement requests were granted. In recent years, Belmont okayed 80% of applications. Athol almost 70%, Brockton and Gloucester grant more than they deny. So do Holden, Northboro, Sudbury, Quincy, Waltham, Wilmington and Westford.

6. Where am I less likely?

North Reading denied 55% of applications. Boston denied almost 70%. Also saying no: Andover, Braintree, Medford, New Bedford, Plymouth, Saugus and Wellesley.

7. Is it worth all this trouble? How much can I really save?

We found some homeowners saving anywhere from a couple hundred to several thousand dollars.

Award-winning investigative reporter Hank Phillippi Ryan is on the air at Boston’s NBC affiliate where she has broken big stories for the past 22 years. She has won 24 Emmys as well as dozens of other regional, national and international honors for her work. (www.hankphillippiryan.com). Mary Schwager is a journalist with more than 16 years of experience and is the investigative producer at 7 News. She’s won more than two dozen awards for investigative, consumer and feature reporting and writing, including nine Emmy Awards, seven Edward R. Murrow Awards and three Associated Press honors. She was also a state licensed detective and performed criminal investigations on behalf of the Wisconsin Public Defender’s Office. Find more of Mary’s articles at Examiner.com. Ryan and Schwager can be contacted at hryan@whdh.com and mschwager@whdh.com.

1. How can it not be a bargain? The signs say 20, 30 and 50% off!

When the store’s in true liquidation it means it’s bankrupt. A third party, called a liquidator, is hired to come in and sell every bit of merchandise it can. Those tantalizing signs go up and sellers try to convince you the prices are going down. But you – savvy buyer – need to remember often that’s just hype.

2. Hype?

Yeah. Hype. First, some liquidators artificially raise the price. Then, they lower it. Voila. Thirty percent off.  Yeah, 30 percent off their weasely raised price.  That’s a false sale, and it it’s illegal in Massachusetts. But it’s difficult to discover, and more difficult to prove. 

3. How do I know if I’m getting a bargain?

Comparison shop. Make sure you know the real price of your potential purchase. Then go to the store and see if you are really getting a deal!

4. What if something goes wrong with the item I buy. Can I return it?

Open up whatever you bought before you leave the store. Make sure what’s inside is what’s supposed to be inside and that it is not damaged. You are in a much better position to make your case while you are still in the store.

5. If there’s a liquidation sale in Massachusetts, wouldn’t state consumer protection laws apply?

Not necessarily. Regulations for liquidations are set in bankruptcy court rulings and they may allow ‘as-is’ purchases, in which case you’re stuck with what you get. The rules are different for every liquidation. They’re required to post their rules and return policies just like any other store, but we know that doesn’t always happen. So if you don’t see signs that give you the scoop make sure you ask before you make your purchase.

6. What if something goes wrong with my purchase after the store is closed for good?

We can’t say this enough: If you are making a liquidation sale purchase, pay with a credit card. If you don’t get what you paid for, you can call your credit card company and dispute the charges. They’ll investigate and you may be able to get the purchase price refunded. If you paid cash and the store is closed, you are pretty much out of luck.

7.  I have a gift card for a store that’s in liquidation, what should I do?

Some stores will honor them and some won’t. (The decision also must be approved by the bankruptcy court.)  If the place is accepting gift cards or gift certificates, use them right away. Once the store closes for good they’ll most likely be worthless.

Award-winning investigative reporter Hank Phillippi Ryan is on the air at Boston’s NBC affiliate where she has broken big stories for the past 22 years. She has won 24 Emmys as well as dozens of other regional, national and international honors for her work. (http://www.hankphillippiryan.com). Mary Schwager is a journalist with more than 16 years of experience and is the investigative producer at 7 News. She’s won more than two dozen awards for investigative, consumer and feature reporting and writing, including nine Emmy Awards, seven Edward R. Murrow Awards and three Associated Press honors. She was also a state licensed detective and performed criminal investigations on behalf of the Wisconsin Public Defender’s Office. Find more of Mary’s articles at the Boston Examiner. Ryan and Schwager can be contacted at hryan@whdh.com and mschwager@whdh.com.

At least that’s what one recent case suggests.

A mother and her son were guests of a married couple. As the visitors attempted to leave in the evening through their hosts’ back door, the son fell down a flight of steps and impaled himself on a protruding piece of pipe.

His mother subsequently sued the hosts, insisting that they were negligent in not warning their guests of the dangers associated with venturing into the unlit backyard at night.

However, a trial judge, and later the Appeals Court, in Ogni v. Schlien, disagreed, finding that “traversing unfamiliar terrain in complete darkness is an open and obvious danger, and that the hosts therefore owed their guest no duty to warn.”

The Appeals Court began by noting that it is “well established that an owner or possessor of land owes a common-law duty of reasonable care to all lawful visitors.”

Nevertheless, the court continued, “[l]andowners are relieved of the duty to warn of open and obvious dangers on their premises because it is not reasonably foreseeable that a visitor exercising … reasonable care for his own safety would suffer injury from such blatant hazards.”

Here, the appellate court concluded, the trial judge “correctly determined that traversing unfamiliar terrain in complete darkness was an open and obvious danger. …

“[The injured boy's] testimony in his deposition, the court said, “justifies the conclusion that the blatant hazard which he undertook was objectively obvious to a person of ordinary perception and intelligence, exercising reasonable care for his own safety. He stated that it was ‘pitch black,’ and that because of darkness, which was such that he could not see his shoes or anything on the ground, he had to use his hand to guide himself as he entered [his hosts'] backyard. Additionally, [he] stated that he had never before been in the [hosts'] backyard, and had no idea what it looked like when he entered.

“Common sense dictates,” the court concluded, “that the danger of traversing unfamiliar terrain in such darkness would be open and obvious to a person of ordinary perception and intelligence, exercising reasonable care for his or her own safety. Accordingly, as a matter of law, the [hosts] had no duty to warn, and thus could not be liable for [their visitor's] injuries.”

— Paul Lamoureux

Image by Bogdan Suditu, via Flickr.

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Dear Jim – A friend of mine was hurt on the job and got an attorney. He keeps trying to call to get info on the case, but he keeps getting the runaround. Can he switch lawyers?

–Frustrated in Framingham

Dear Frustrated in Framingham – Despite what comedians say, changing lawyers is not like moving to a different deck chair on the Titanic. It can be done. 

First and foremost, I hope your friend is feeling better. Getting hurt on the job is never good, especially if he’s “getting the runaround” on top of it.

Dialogue is central to the attorney-client relationship. I would suggest your friend contact his attorney again and leave a clear message, providing a reasonable deadline for the attorney to call him back. In doing so, he alerts the lawyer to his needs and provides time to properly address his case. If silence persists, I see two alternatives. First, he can enlist the services of the Attorney Consumer Assistance Program (ACAP). This would be my recommendation, as ACAP is a proven consumer resource for those with questions about Massachusetts lawyers. A second option is to seek legal counsel from another attorney on how best to proceed.

To get more information on the ACAP, call (617) 728-8750.

Dear Jim – I lost my job, I’m way behind on my bills, and I’m constantly being bombarded by creditors. I’m totally broke. I want to declare bankruptcy, but my sister heard it costs $1,300 to file. What sense does that make? I can’t afford that!

–Broke in Brockton

Dear Broke in Brockton – You are not alone. Many are feeling the pain of the recession, as the cost of living is increasing and jobs are scarce. But, like all economic cycles, this too shall pass.

To answer your question, it does cost to file for bankruptcy. Most filing fees are closer to $300 than $1,300. But, it should also be noted that if an attorney is involved in the process, attorney fees are usually added on top of this and can vary. To help mitigate filing costs, some applicants are eligible for fee waivers or installment plans.

My best recommendation would be to seek the legal counsel with experience in bankruptcy issues. Filing for bankruptcy is not for the faint of heart. It’s a drastic step to shield you from creditors. Before going down this path, I’d encourage you and everyone in a similar position to explore non bankruptcy alternatives first. If you aren’t able to seek counsel, try creating a budget to better understand if avoiding bankruptcy is possible or follow-up with creditors to discuss possible renegotiation of your terms.

For more information on costs, forms, etc., visit the U.S. Bankruptcy Court’s website.

Have a question about lawyers or the law? Ever have a query that only a lawyer could answer? Attorney Jim Sokolove tells our readers everything they ever wanted to know about the law but were afraid to ask. To ask Jim a question, email julia.reischel@lawyersweekly.com.

1. I’ve played by the rules and have been a perfect customer! I don’t get it.

We’ve been inundated with viewer complaints saying the same thing. People who have never been late, never missed a payment and never went over the limit getting hit with huge rate hikes. In the past, such a stellar track record would insulate you from such increases…but not anymore.

2. I called the bank and they said the poor economy caused my rate hike.
Yes, the tanking economy could be one of the reasons your rate is going up. Federal officials told us that bank money is tight and the situation is getting worse. They’re worried you’ll use too much credit, overspend beyond your means, and then not pay them back.

3. Can they do that? 
Sigh. Yes. Unfortunately. The fine print of those pamphlets you get, but probably don’t read, spells out the bad news. They say things like: “APR’S may increase.” “All of your APR’S may increase.”  And even, “We reserve the right to change the terms at any time

4.  Why did they pick me?

It depends on what your bank’s “customer risk formula” is. Each financial institution’s formula is secret, but the American Bankers Association tells us common factors include: Do you pay your bills on time? Do you pay all your bills on time? Did you increase your debt level? Did you open new accounts or new loans? Did you purchase property? Did you change jobs? Did your income level change? Answer “yes” to any of those and it could trigger a rate increase.

5. What can I do to make sure I don’t get the notice of doom in the mail?

Yeah, well. Good luck with that. Experts say to make sure you keep balances to less than a third of your credit limit, don’t leave cards unused and pay more than the minimum amount due, on time, each month.

6. If the dreaded notice does show up what should I do?

Join the club. You can try calling the credit card issuer. Explain to them you are upset about the rate increase and remind them you are a good customer.  If that doesn’t work, ask for a supervisor and plead your case more. If you aren’t successful, call back a couple days later and keep trying. You may also consider paying off the balance.  You can “opt out” of the rate increase, but that means closing your account and canceling your card.

7. If I opt out and cancel my credit card that I’ve had for 10 years, will that hurt my credit score?

It may. But experts say open another card, or transfer your balance to another card when you close your account.  And that’ll keep your score unscathed.

Award-winning investigative reporter Hank Phillippi Ryan is on the air at Boston’s NBC affiliate where she has broken big stories for the past 22 years. She has won 24 Emmys as well as dozens of other regional, national and international honors for her work. (http://www.hankphillippiryan.com). Mary Schwager is a journalist with more than 16 years of experience and is the investigative producer at 7 News. She’s won more than two dozen awards for investigative, consumer and feature reporting and writing, including nine Emmy Awards, seven Edward R. Murrow Awards and three Associated Press honors. She was also a state licensed detective and performed criminal investigations on behalf of the Wisconsin Public Defender’s Office. Find more of Mary’s articles at the Boston Examiner. Ryan and Schwager can be contacted at hryan@whdh.com and mschwager@whdh.com.

Source: Michael J. Harris and Elizabeth N. Mulvey practice at Crowe & Mulvey in Boston. They can be contacted at mharris@crowemulvey.com and emulvey@crowemulvey.com.

For those not familiar with Question 2, here is a brief summary: As a result of the passage of Question 2 on Nov. 4, the possession of one ounce or less of marijuana or tetrahydrocannabinol (THC, typically in the form of hash, hashish and hash oil) has gone from being a criminal offense to a nonarrestable civil violation. Offenders who are 18 years old or older are now subject to a civil penalty of $100 and forfeiture of the marijuana. Offenders under 18 are required, in addition to the penalties described above, to complete a drug-awareness program within a year of the offense.

The new law does not apply to distribution, which means if you plan on selling the pot you’re holding, you can still be arrested. I saw that firsthand in my department shortly after the new law went into effect. One of my patrol officers arrested a high school student for possession with intent to distribute marijuana — even though he had less than an ounce of marijuana — based on the statements he made and the way the pot was packaged. That will be an interesting case to follow through the courts because, though the amount of marijuana involved was small, the articulated facts described in the report certainly justified the arrest.

The truth is, in my 30-plus years in law enforcement, I recall no one even being convicted of possessing small amounts of marijuana. (Not that an ounce is a particularly small amount — one ounce of pot can produce about 50 joints and cost $500, and has a potency far greater than the pot your mother smoked at Woodstock). More often than not, those found with small amounts of marijuana were “diverted” into community service, placed on pretrial probation or brought home to their parents with no court intervention. Those who were brought to court often found their way there through a summons, not an arrest, and once there had their cases continued without a finding. After six months, their cases were usually dismissed and any records of these offenses were sealed. And, previously, because of our Criminal Offender Record Information, or CORI, laws, we were legally prohibited from disclosing this information. But under the new law, since this is now a civil violation, CORI is not applicable and this is now a public record for anyone to see. Also, judging from my experience, I believe marijuana is, in fact, a “gateway” drug. That is, I subscribe to the theory that marijuana is frequently the first illicit drug that youngsters try. Adolescents rarely use cocaine or heroin before using marijuana.

But what now? The marijuana bloggers are already spreading tips on how to respond to police interaction. (“My name, officer? That would be Smokey the Bear”). They know as well as we do that we are powerless to do anything to those choosing not to identify themselves — a quirk in the new law that we hope will be rectified. And the savvy recipients of a $100 ticket for civil possession? “Just ignore it,” these pot-smoking “experts” on the new law would say.

Once again, we are the ones handcuffed, as there is nothing in the new law that returns this to criminal sanctions. This is so frustrating that some Massachusetts chiefs have said they won’t enforce it.
Proponents also claimed the state would save $30 million a year in prosecution costs. Certainly not, considering the provision in Question 2 requiring the state to develop, implement, staff and administer a drug-awareness program, all while basic programs are being cut. But the vote was overwhelming and proponents were ecstatic.

Marijuana use adds nothing to an adolescent’s development. How, exactly, does this new law advance our society? And for those who argue that alcohol is more harmful than marijuana, I don’t particularly disagree. But where is the logic in condoning marijuana use because it is less dangerous?

Enough whining. We will deal with it as the voters have asked us to. But here is a suggestion to my fellow police officers who view this new law as too confusing and meaningless to enforce. The new law itself sends the wrong message to young people; let’s not compound that by giving up on any enforcement. We have an obligation to our profession and to our communities to do what we have been sworn to do. Change is here — let’s make the best of it. {EXA}

Scott Bushway is the deputy chief of police in Walpole and is also an adjunct instructor at MassBay Community College and a freelance contributor to several publications. He can be contacted at ScottBushway@aol.com.

Image by ILiekCake, via Flickr. Posted under a Creative Commons License.