About Michael Brotherton Expertise Consumer/Debtor Rights Advocate.
Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years.
Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com.
FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY.
Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be.
Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems.
www.financialemergency.com (copy and paste in browser).
Experience 30 years experience negotiating disputes and resolving financial issues related to consumer debt, corporate debt, and mortgage restructuriing.
Question I apologize if this is not the appropriate place to ask this question, as I do not have an issue with credit, but, am, instead in the midst of a legal dispute with the management of the building in which I live. First of all, let me explain that, as a severely & profoundly medically disabled woman, I live in a building run by the Archdiocese Housing Authority, whereby the Catholic Church offers rent controlled apartment living at a somewhat affordable price. Management in my building has suddenly gotten it into her head that because I enjoy eBaying, I am running a business within my living space. I have offered her copies of my tax return, showing no taxable income in this regard during the periods in question, yet she insists that by eBaying, I am performing an act of commerce that constitutes a legal business. (I do have a state business license that I maintain, although that business is currently listed as "inactive" and I am not required to file any further tax forms unless or until I do decide to regenerate my true business activities.) At this point, I am actually being faced with the very real possibility of an eviction notice, which has currently been forestalled, barring the outcome of a hearing with management, management's supervisor, a tenant advocate who works as a VISTA volunteer, and a legal advocate for myself, which I have, as of yet, to locate.
My first question to you is this then: What, when using eBay, legally constitutes business activity and what constitutes behavior that can only be seen as "hobby" level?
I have been extremely careful never to make an actual profit w/my sales, instead, only listing items that are fun & keep me from going crazy, especially as I have become more & more homebound over time. The number of transactions each month rarely exceed the sale or purchase of more than 8- 10 items.
Am I legally at fault for doing any of this?
At this time, I have placed my eBay account on inactive status and have stopped doing any of those little hobby-Bay type things that were actually serving to keep me sane. I am not pleased by this at all, though, as I am sure you can well imagine. Is there any way that I can reach a legal "happy median" so that I will not lose my housing, yet can also do those playful activities which I have learned to oh-so enjoy?
Thanks so much for all your kind efforts!
Answer This can be tricky but if you take more than a passive interest in -bay it can be considered a "business activity". Although it could be argued that you are running a project which is only temporary it is not likely your management person will take this as explanation of your activity.
It is difficult to say whether they would allow any such activity on their premises without considering it a business enterprise, profitable or otherwise. Calling it a passive activity or a hobby is going to be tough to explain based on the number of transactions you process.
You may wish to seek local legal counsel to see if their are any state or local rules or rights under the Americans with Disabilities Act that would allow you to continue your "hobby". I don't expect their to be any cut and dry solutions here and it may not be cost effective for you to fight it. But you gotta do what you gotta do.
