Kansas Legal Services

United Way Helps Here!

Kansas Legal Services is a statewide legal services

organization that seeks to help the impoverished with legal problems. KLS makes a difference by providing

quality legal representation. Areas of practice include Domestic & Family Law,

Landlord Tenant, Consumer Protection, Elder Law,

Juvenile Law, Education Law, Disability, etc. Our focus is on the most venerable; the abused, the neglected, the

elderly, the disabled & children.If you, or someone you know needs help,

please call800-723-6953

Elder Law Hotline

888-353-5337

The Elder Law Hotline is a phone number that anyone over the age of sixty (60) can call to get FREE legal advice on any number legal issues. If it is possible for us to help you over the phone we will do so, however, if you prefer to meet with an attorney in your area you can, just make the request. We also provide free legal services for the elderly for items such as powers of attorney, transfer on death deeds, simple wills, & living wills. We can sometime represent the elderly in divorces, PFA’s, collection and landlord tenant cases.

“Don’t Get Caught Singing the Blues”

Paul Shipp, Managing Attorney for Kansas Legal Services, Flint Hills Area

How Old is She?

Living longer can be a financial strain

According to government data from 2003 life expectancy has rose for all Americans, and recently the CDC analyzed life expectancy data from years past and compared to more recent data. Among the four race-sex groups, white females had the highest life expectancy, 80.8 years, followed by black females at 76.3 years, white males 75.7 years, and black males, 69.5 years. Between 2003 and 2004, life expectancy increased by 0.6 year for black males. From 2003 to 2004, life expectancy for black females increased from 75.9 years to 76.3 years, an increase of 0.4 year. Life expectancy for white males rose 0.4 year, from 75.3 years in 2003. Now, White female life expectancy has increased by 0.4 year from 80.4 to 80.8 years. Overall, gains in life expectancy between 1980 and 2004 were 5.7 years for black males,5.0 years for white males, 3.8 years for black females, and 2.7 years for white females. The fact is people live longer, but unfortunately most have not planned financially on living that long, and this has required older Americans to find creative ways to make ends meet. Some have resorted to using credit cards, and then later figuring out later they cannot afford the payments.

Robing Peter to Pay Paul

Even though the physical well being of most Americans has improved, one of the direct results has been a significant decrease in the overall financial health of older Americans, as more money is needed over a longer period of time. Most elderly who file for bankruptcy have two main characteristics: 1) very low incomes and 2) substantial credit card debt. Many who fit into the category are widows living alone whose main source of income is Social Security; about 50% of those described own their homes. The most shocking statistic is that only about five percent reported medical bills as part of their debt. This means that the elderly are taking on more and more unsecured debt to make ends meet.

Making Ends Meet

When credit runs out and the bill comes

due?

This is a point when the consumer has to either cut up the card because it is either maxed or the creditor says, “No More!” and the credit RUNS OUT! This is when the debtor begins to feel the financial stress of bad debt.

DecisionsTo pay or not to

pay?I have dealt with the situation where an elderly lady had her bank account emptied because a creditor garnished it. She did not know her rights. Her only means of support was the social security funds in her bank account. When the garnishment occurred it made it impossible to pay bills, buy groceries and pay for prescriptions. It took some time, but all funds were eventually recovered, the money was returned, but it was too late because some irreparable damage had been done, including losing her home. She could have avoided all of this by legally protecting her income.

Debt Collectors…

Lose the guilt! Know Your Rights. . .

There are state and federal laws that provide a means of protection the debtor from the predatory creditors who do an EXCELLENT job of taking advantage of the debtor at a vulnerable time.

Next time I get to choose the weapon first!

It Should Look Like This!

Fight like David!

Your weapons are the law!

The Fair Debt Collection Practices

Act

K.S.A. 60-23-4, K.S.A. 60-2308, K.S.A. 60-2313.

Fair Debt Collection Practices Act

WHAT DEBTS ARE COVERED?Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for credit cards. The Act does not cover debts owed to the government, such as taxes. It also does not apply to spousal or child support in family law cases.HOW MAY A DEBT COLLECTOR CONTACT YOU?A collector may contact you in person, by mail, telephone, or fax. However, a debt collector may not contact you at unreasonable times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves.

Creditors Can’t• Repeatedly using the telephone to annoy someone or telephone

people without identifying themselves• Falsely implying that they are attorneys or government representatives

or misrepresent the involvement of an attorney in collecting a debt• Falsely implying that you have committed a crime and will be arrested

if you do not pay your debt• Misrepresenting the amount of your debt or claim they will seize,

garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so

• Indicating that papers being sent to you are legal forms when they are not or indicate that papers being sent to you are not legal forms when they are or send you anything that looks like an official document from a court or government agency when it is not

• Taking or threatening to take your property unless this can be done legally

• Making you accept collect calls or contacting you by postcard• Calling your employer, neighbors, friends and relatives and revealing

your delinquency to them

Stop the harrassment!YOU CAN STOP A COLLECTOR FROM

CONTACTING/HARASSING YOU?You can stop a collector from contacting you by writing a letter to the debt collector and telling them to stop. Once the agency receives your letter, they may not contact you again (not by letter or phone) except to say there will be no further contact. The agency may ONLY notify you if the debt collector intends to take some specific action, like selling the debt or bringing a law suit to seek a legal judgment against you.

What to do if a civil judgment is obtained?

You can ignore your creditors but do not ignore summons, subpoena’s or court orders!

Pull out your sword!

Send a notarized letter directly to your creditor (keep a copy) tell them that your what your income is, especially if it is only social security or retirement benefits. You should also send it to the Court where the judgment was obtained. When you send your letter to the Court make certain you reference your case number and specifically tell the Court what bank your funds are deposited in. You should provide the account number to the Court. If you accomplish all of the above then the creditor will not be able to garnish your bank account, and your social security will be protected.

K.S.A. 60-23-4, K.S.A. 60-2308, K.S.A. 60-2313

Kansas Law Protects Other Assets Too!

Real Estate:  Real property or mobile home used as residence, unlimited value, up to one acre in town or city or 160 acres on farm.

Personal Property:  Household furnishings and equipment, unlimited amount [60-2304(a)]; books, documents, furniture, instruments, breeding stock, equipment, seed, livestock and grain used in farm business, up to $7,500 total [60-2304(e)]; clothing, amount needed for one year [60-2304(a)]; food and fuel, amount needed for one year [60-2304(a)]; motor vehicle up to $20,000 (unlimited amount if vehicle equipped for disabled person) [60-2304(c)]; National Guard uniforms, arms and equipment, unlimited amount [48-245]; funeral plan prepayments, unlimited amount [16-310(d)]; burial plot or crypt, unlimited amount [60-2304(d)];

Questions

Kansas Legal Services

United Way Helps Here!

Kansas Legal Services is a statewide legal services

organization that seeks to help the impoverished with legal problems. KLS makes a difference by providing

quality legal representation. Areas of practice include Domestic & Family Law,

Landlord Tenant, Consumer Protection, Elder Law,

Juvenile Law, Education Law, Disability, etc. Our focus is on the most venerable; the abused, the neglected, the

elderly, the disabled & children.If you, or someone you know needs help,

please call800-723-6953