THE DANDELION
CONNECTION
Ellicott Square Building., 295 Main Street Room 495, Buffalo, New York 14203
(716) 847-0655 ext. 402 nls01@sprynet.com
www.nls.org
Volume 9 Issue 3
May/June 2001
Copyright 2001, Neighborhood Legal Services, Inc., all rights reserved
in this issue..
Student loan discharge, and more
Restraining orders, and more
Maggie's Corner
Sending a Cease Letter
Active Listening
Child Care Corner
Student Loan Assistance
Consumer Issues
This issue's cover story of The Dandelion Connection highlights five consumer issues where it is important to know your rights (in this issue: Social Security Garnishment, Student Loan Discharges, Income Execution Exemptions, and Cease Letters). These are just introductions to these issues - call the agencies identified in these articles to learn more! AND, to learn about more of your consumer rights, look forward to a new feature in each issue of The Dandelion Connection: The Consumer Column starting in our July/August issue!
Why is it important to know your rights regarding consumer law? Well, first, it is very important to know where your money is going, and why. This is one of the first steps towards financial success. Another reason is that creditors (or the people/companies that you owe money to) can often be very sneaky in the ways that they try to collect the money that you owe. It is important to understand what creditors can, and cannot do! So, arm yourself with the information in this article, and you will be on your way to being your own best consumer advocate!
SOCIAL SECURITY GARNISHMENT
Do you receive Social Security benefits? Do you also have outstanding government debts - like student loan debt, or overpaid food stamps? If so, beginning in May 2001, the federal government, through the Benefit Payment Offset Program, may have the right to garnish your Social Security benefits in order to help pay for your overdue debts.
All beneficiaries who get $750 a month or more who owe money to the government will be sent letters (or may already have gotten them) warning them about the upcoming deductions.
How much can they take? The lesser of: 15% of your monthly benefit OR any amount you receive over $750 can be taken. Remember, if you receive less than $750 a month, your benefits cannot be deducted at all. SSI benefits cannot be garnished.
Can I stop this deduction? Yes. You will have two months from the date of notification to make arrangements to pay the debt (through a payment plan, or other method). You can arrange a plan through the agency that you originally owed the debt to (such as the Department of Education, or Social Services). Do not call the Social Security Administration.
Have questions?
Contact the agency listed on your notice, or call Project Dandelion at 847-0650, extension 402.CLOSED SCHOOL DISCHARGE
Did you take out student loans to attend school, only to find that the school you attended closed its doors while you were there? If this happened to you, you may be eligible to have your remaining student loan debt from that school discharged!
Who is eligible for this discharge?
1. You may be eligible if you took out federal loans on or after January 1, 1986 and:
- you were in attendance when the school closed; or
- you withdrew or took a leave of absence within 90 days of the school closing; or
- you did not receive a refund, or
- you were offered a teach-out (the option of attending another school) and did not accept it.
2. There are separate rules for closed school discharges if you took out New York State loans. If you did, and your school closed while you were there, call 847-0650 for more information.
How much of my loan will be discharged?
Potentially all of it! And if you qualify, any payments that you have made toward this loan will also be returned to you.
How do I apply for this discharge?
You may have received an application in the mail from your lender when your school closed. If not, and if you meet the criteria listed above, you can either call the Higher Education Services Corporation at 1-888-NYSHESC for an application, or you can make a reservation to attend the Project Dandelion monthly student loan clinic by calling 847-0650, extension 402.
INCOME EXECUTION EXEMPTIONS
If you have income, and/or a bank account that is being garnished, executed against, or is frozen, because a creditor is trying to collect money from you AND you receive any type of public assistance, you may be able to stop the collection of this debt!
New York law protects people who are receiving public assistance (this includes: Family Assistance, Safety Net Assistance, Veteran's Assistance, Medicaid, or even child care benefits) from the collection efforts of creditors. For example: if you earn an income from a job, and also receive low income child care benefits - your wages cannot be garnished. Similarly, if you receive public assistance, and place the money into a bank account, these funds in the account cannot be frozen.
How long does this exemption last?
Only as long as you are still receiving one of the listed kinds of public assistance.
How do I stop the garnishment?
You have to inform the creditor that you receive public assistance. Call Project Dandelion for more information.
If I do not receive public assistance, can I still stop a garnishment?
Possibly. There are several exemptions that you may qualify for, but there is one that is important to note. If your wages are garnished, and your income after garnishment would then qualify you for public assistance of some kind, your wages cannot be garnished.
If you get a notice about a garnishment or about a bank account being frozen, call Project Dandelion at 847-0650, extension 402 immediately!
WHAT TO DO IF A RESTRAINING NOTICE IS
ISSUED AGAINST YOUR BANK ACCOUNT
Any creditor with a judgment against you can issue a restraining notice against your bank account. A restraining notice does two things to your account.
First, the bank will freeze your account for up to twice the amount that you owe your creditor for up to one year. Second, the bank will withdraw the balance in your account (and it will continue to withdraw future deposits) until the judgment is either paid or vacated.
Can my entire account be frozen?
Maybe. It is important to remember that any money in your bank account that comes from public benefits is exempt from a restraining notice. Therefore, if you are receiving any type of public benefits (see page 2 for more information on this right), and there is a restraining notice against your account, you should:
First, call your bank and ask to speak with someone in the Legal Processing department. Inform this person that a portion of your account comes from public benefits. Ask for a copy of the restraining notice. Take down the person's full name and record the date of the conversation.
Second, on the restraining notice, there should be a law firm listed for you to contact if you have questions. Call this firm and tell them that a portion of your account comes from public benefits. Take down the full name of the person you speak to and record the date of the conversation.
Third, if the restraining notice is not lifted, call Project Dandelion at 847-0650. You should have a copy of the restraining notice, recent bank statements, and proof of public benefits payments.
KEEP ORGANIZED!
You have probably heard it said many times, and many ways -- but keeping organized is of utmost importance in terms of consumer issues.
Why is keeping your records so important? First, in any conflict, it is your word against theirs. Second, the first step towards efficient budgeting and household management is to keep track of what you owe, when you owe it, who you have paid, when and how much! Also, keeping organized can help you feel, and be, in control.
Some of the simple record keeping tips we share with clients are very easy, and when made a daily habit, will become easier and easier.
Keep a list of all phone contacts. Anytime you speak with an agency, a creditor, a collection agency or sales person, write the date, their name, and what the conversation was about in a notebook, or in a file. If you want, follow up this phone call with a letter describing the conversation, and keep a copy for your records.
Keep all letters, correspondence, receipts and bill statements! This tip cannot be repeated often enough! It does not matter what your filing system is, keep all correspondence that you receive. You should also keep copies of your health records, salary, and bills in the same way. We recommend keeping records for up to 10 years!
Remember, it doesn't take an expensive filing system to keep organized, with just a little time and effort and you will find yourself well-prepared and organized! You can use folders, a filing cabinet, a shoe-box, a series of envelopes, or even a drawer!
Maggie's Corner
In the Department of Social Services' effort to be increasingly sensitive to the needs of domestic violence victims, a new unit has been created. This new Client Advocacy Unit is a one-woman effort.
Sue Sacco is the official Domestic Violence Advocate at DSS. Sue's role is to provide support for victims of domestic violence as they navigate through the Social Services system. She is able to effectively explain the court system, and a client's legal rights, and she may also accompany a victim to court appointments on a limited basis.
Ms. Sacco does NOT replace the need for an attorney in the court system, but she can serve as a helpful advocate while a victim of domestic violence is working with the court system. It is important to note that Sue is only able to work with public assistance recipients at this time. She can be reached by calling 858-2132.
Sara's Pasta Salad
It's almost time for picnics! Try this pasta salad at your next backyard party!
1 box tri-color spirals or shells pasta 1 green pepper, diced
1/2 cup finely chopped red onion 1 small can of corn, drained
1/2 cup balsamic vinegar 1 can of chick-peas, drained
1/4 cup olive oil 1 can of black beans, drained
1 tsp. black pepper 1 pack of cherry tomatoes
1 tsp. oregano (or 1 cup of any tomatoes, diced)
1 tsp. basil 2 cups of feta cheese, crumbled
2 garlic cloves, crushed or finely chopped
Cook pasta using directions on box, until al dente. Drain, and rinse with cool water. While pasta cooks, in a bowl combine onion through garlic and whisk with fork. Set aside. In a large bowl, mix pasta and all remaining ingredients (except cheese). Combine prepared dressing over the pasta/vegetable mixture. Now add the feta, mix well and chill before serving. **If you don't have balsamic vinegar you can use your favorite Italian dressing or even a raspberry vinegrette!
The Cease Letter
If you are being harassed by a creditor (someone trying to collect money from you), or by a collection agency on their behalf, it may be time to write a cease letter. What is a cease letter? A cease letter explains that you are having trouble paying your bills, and requests that all collection efforts stop at this time. The sending of the cease letter will stop collectors from calling you, at least temporarily. It will not make the creditors go away forever, but it should give you some room to breathe for a little while. If there has been actual harassment by a collection agency, you can include documentation of this harassment.
It is very important for you to keep a copy of the letter that you send. The following is an example of a cease letter that you can use for your own situation. Remember, not all language in this sample may pertain to your situation, but you can add in the facts of your own situation. The sections that are in italics are the sections where you should include your own facts. If you have any questions, please call Project Dandelion
Your Name
Your Address
Date
Whatever Collection Agency
1 Money Lane
Some City, State 00000
Dear Sir or Madam:
I am writing to request that you stop communications to me about my account #000000 with Credit Card, as required by the Fair Debt Collection Practices Act, 15 USCA 1692c(c). Delete the reference to the Fair Debt Collection Practices Act if you are writing to a creditor. This law only applies to collection agencies and attorneys.
*In this paragraph write about your situation. For example: I was laid off from work two months ago, and cannot pay this bill at this time. I am enrolled in a training program, which I will finish next month, and then I hope to find work that will allow me to resume payments soon after that.
*Write about any problems you have with your bill. For example: Please note that your letters mistakenly list the balance on my account as $250. My own records indicate that my balance is down to $185 and I have included my evidence of this.
*Remember to include any information about harassment that has happened. For example: You should be aware that your employees have engaged in illegal collection practices. For example, I received a phone call at 6:00 a.m. from a Mr. Jones of your agency last week. Later the same day they called my training program, and I am not permitted to get personal phone calls at work! My family and I, and my employer were all very upset by these tactics.
I will take care of this matter when I can. Your cooperation will be appreciated.
Very truly yours,
Your name
Active Listening Skills
Have you ever hung up the phone, or gone away from a meeting frustrated, and feeling like you didn't accomplish what you wanted during your conversation? How you act, speak, request, or give information to others can mean the difference between a friendly conversation and an argument, or between a quick question and very prolonged frustration. Active listening skills can help you navigate through any conversation effectively.
We all know how easy it is to let emotions cloud a potentially helpful conversation. When you call a person at an agency who seems to know more than you do, or is in control of a problem that you are having, it is easy to feel overwhelmed and intimidated. If you follow these suggestions, you can make the end result of every conversation exactly what you want it to be.
Listen
This suggestion sounds like simple common sense. However, when your family's welfare is at stake, or you are faced with an emergency, you might be so busy telling your side of the story that you miss what the other person really says.
Active listening is the act of carefully listening to, and understanding each part of a conversation that occursincluding what doesn't get said. Every conversation takes (at least) two sides. If you do not take the time or effort to listen to the other person's perspective, you are not only disrespecting that person, but you are probably not going to find the result that you want from the conversation.
Be Prepared
Preparedness is one of the most important self-advocacy tools for you to use in all of your conversations. Being prepared, and making the most of every conversation you have includes both active listening and well thought out speaking. Being prepared also means that you have much more control over the outcome of every conversation that you have. When you have all of the facts straight, and your questions prepared ahead of time, it will be much easier to keep your emotions in check when a problem or issue arises.
Stay in Control
It is very important to maintain your composure during all conversations. This means that during confrontational conversations your emotions, tone of voice and anger are kept in check. This is not always easy to do, but if you are able to effectively discuss your issue, ask the questions that you have, and obtain the information that you are looking for without raising your voice, saying things you may not mean, or becoming abrasive - then there is no doubt you will be able to accomplish more. Think about it - when a caseworker is yelling at you, or making you feel bad about something you have said, how likely are you to help them out with their next question?
Know the Next Step
The first person you speak with may not be the person that can help you. Be prepared - research other people or agencies that may also answer the question that you have. When someone informs you that they cannot help you - remain calm and politely use their expertise as a resource to find out information about others that can help you
This article is an excerpt from the Project Dandelion Advocacy Skills Manual - A Self-Help Guide for People in Transition. The 3d edition was just published in the winter of 2000, and can be purchased for $10.00 a copy, or $8.00 for 5 or more. For more information call 847-0650, extension 402..
Child Care Corner: Special News!
I am devoting this issue's column to several short topics that are of
immediate interest to both parents and providers.
Next month: Parent-Provider Contract Issues!
SUMMER IS COMING -
What Plans Do Your Children Have?
CHILD CARE:
PARENTS! Remember that even if you do not utilize child care benefits for your school-aged child (up to age 13) during the school year - you MAY QUALIFY for subsidized child care during the summer months. Eligibility depends upon your income, and the hours that you work. For more information call 858-TYKE, or call Mindy at Project Dandelion for more information!SUMMER PROGRAMS: Day camps, overnight camps, work-experience . . . There are so many activities for children to choose from during the summer! To find out about summer activities in your area for your child, call the Erie County Youth line at: 851-5555.
DO YOU KNOW A YOUTH BETWEEN THE AGES OF 14 AND 21? If you do, and they live on the lower west side, or the east side of Buffalo, tell them about the NEW Buffalo Youth Opportunity Centers! There are two YO! Centers in Buffalo that will provide recreational activities, career exploration, educational activities and tutoring, sports programming and more - YEAR ROUND!
Enrollment is free! Plus - Project Dandelion will be conducting several programs at each site all year round! For more information call or stop by either site: Belle Center, 104 Maryland Street, 854-7121, or the JFK Center at 114 Hickory Street, 853-2555.
ATTENTION CHILD CARE PROVIDERS!
Earn a special grant just for doing what you already do!
New York has recently introduced the Child Care Professional Retention Program. This program rewards child care providers and their employees with a CASH GRANT just for staying on the job!
Who is eligible?
The grant is available to providers and employees of child care providers who provide direct care in family, group-family or center-based care, for at least 20 hours per week. You must have been a child care provider for at least the last 12 months prior to your application, and you must commit to continue working in child care for at least the next 6 months after your application.
How much will you get?
Grants range from $300 to $750, depending on your level of education. There are limited funds, so be sure to apply as soon as possible! It is also important for as many providers as possible to take advantage of this offer so that New York will renew the program next year!
How do you apply?
You can print an application from the internet at: www.dfa.state.ny.us/ocfs/ccw/, or you can call Mindy at Project Dandelion, 847-0650 and I would be happy to send one to you!
In the next Child Care Corner:
Issues to look for in child care provider-parent contracts.
Do you need help with student loans?
Overwhelmed by paperwork from your loans?
Are you delinquent with your payments? Are you in default? Are your wages being garnished?
Project Dandelion can help.
Income eligible clients can get free advice and assistance. Call 847-0650, extension 217 for more information.
PROJECT DANDELION
Who are we?
Our mission is to assist and encourage low income families and individuals in their efforts to attain self-sufficiency through training, peer group support, newsletters and legal services.
There are two ways of meeting difficulties:
you alter the difficulties
or you alter yourself meeting them.
Author: Phyllis Bottome
Happy Spring!