This addresses the rights of retired persons when they have bad debts and goes over the retiree's rights in collection court.

1. 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 call
800-723-6953

2. 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.

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

5. 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.

6. 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.

8. 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.

9. To 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.

11. 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.

15. The Fair Debt Collection
Practices Act
K.S.A. 60-23-4, K.S.A. 60-2308,
K.S.A. 60-2313.

16. 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.

17. •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

18. 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.

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

20. 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

21. 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)];

23. 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 call
800-723-6953