Debtor's Rights

In these tough economic times it hard for many North Georgians to pay their bills. Unfortunately creditors are not very understanding and the incessant dunning can be very unnerving at best and creates much stress in the household. However when the creditors turn to filling law suits, it can only ratchet up the problems. When creditors start to take legal action they are taking collections to a whole new level that that results in draconian measures to extract the money from the debtor. Debtors who know their rights can protect themselves from the aggressive tactics used by collections agencies and their attorneys.

 

Collections agencies are known for their aggressive tactics. The constant calling and degrading attitude of bill collectors is a hallmark of the trade. Collectors have one aim and that is to get the debtor on the phone to get a payment and they will do or say anything to accomplish that end. One tactic is to threaten repossession, repossession and foreclosure. When collections agencies turn the accounts over to their lawyers, they are just as aggressive and they have one aim, to collect money. Collectors and their lawyers know very well that debtors have rights, but they will push the envelope on those rights to see what they can get away with.

 

The fact is that there are guidelines that creditors must follow on in all of their actions. Bill collectors are subject to the Federal regulations of the Fair Debt Collection Act which sets boundaries for the collectors and very stiff penalties if they cross those lines. There are also Georgia and Federal laws that govern the process of repossession and foreclosure. The law includes notice requirement and certain steps that a creditor must take to protect the debtor’s interest in the property. While creditors will try to take every short cut they can get away with, the knowledgeable debtor can use the process to work with creditors to create a mutually beneficial outcome.

 

When the creditors turn around and sue the debtors there are still rights that every debtor enjoys under the due process of law guaranteed by the Constitution. Creditors that can successfully bring a law suit to judgment can collect money from debtors by garnishing wages and bank accounts as well as levying on property and personal possessions. They may even be able to collect their attorneys fees for the trouble of collection. However the creditors have to be able to prove their case in court with legally admissible evidence. The truth is that many creditors do not have the evidence they need to prove their case.

 

The greatest tool that collectors and their lawyers have is fear and hopelessness. Out of despair, many believe that since they owe money that there is nothing they can do. The biggest mistake many debtors make is to ignore the collectors until it is too late. One of the hardest things in the law is to undo a court order. When a debtor receives a garnishment notice, it may be too late to take steps to their rights. A debtor educated on their rights is proactive and takes steps insure that they are not preyed upon by the collectors.

 

While a letter threatening legal action is not a lawsuit, when a debtors are served with a summons, they needs to take action. The worst thing to do it to throw the papers in the trash out of despair. In Georgia, if a summons has not been answered in forty-five days, the matter is in default and a judgment will issue, even if the debtor never really owed the money. A debtor that finds them self facing a lawsuit should contact a lawyer. While it may not be affordable to hire a lawyer for the case, the lawyer can answer questions and give advise on how to handle the case. For the price of a small consultation fee, many lawyers will coach a debtor through answering the suit and presenting the case in the courtroom. There are many websites and even workshops available to help debtors understand their rights.

 

Facing creditors can be stressful and frightening situation, debtors need to know their rights. Taking the time to learn the rights and protections available to all debtors under the law is time well invested. A debtor that knows their rights can level the playing field and protect their family from the misfortunes of the bad economy.

 

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October is Domestic Violence Awareness Month

This month it will be hard to miss the purple ribbons about Cherokee County as agencies and individuals promote awareness to a serious issue that plagues many households in our community. While the issue is far more pervasive than most can imagine, these victims are not alone and there are places and people they can turn to.

Family Violence is criminal behavior that cuts across all socio-economic layers and touches the lives of old and young, men and women, gay and straight and even rich and poor. One in five teens report that they are involved in a relationship where they have suffered physical, sexual or emotional abuse. Violence is not something that people outgrow in a relationship but only get s worse as a battering partner seeks to manipulate and control their partner.

Physical and mental abuse in the home is not related specifically to a alcoholics or drug abuse but is a separate and distinct problem. It is a condition that is borne of an acceptance in the use of violence means of control of another person. This situation is only magnified when children are involved. While they may not be the target of the violence, children raised in a violent atmosphere are more likely to grow up believing that violence in the family is acceptable, creating another generations of victims and abusers.

 




Violence within a relationship is something of a stigma that society has swept under the rug. For batterers it is acceptable to punish their partner to keep them in line while many of the victims believe that they deserve the treatment inflicted upon them. Family violence is a cycle in a relationship that builds a level of tension in the relationship until there is a explosive climax of violence followed by a relative calm. Many victims will provoke the violence in order to get to the following calm. The victims of Domestic Violence feel trapped in this cyclic pattern of tension, violence and calm.

The greatest misunderstanding about Domestic Violence is that the victims can just escape if they wanted to. The socio-economic pressures weigh heavily against the victim of Domestic Violence who wants to leave the relationship. Victims are usually isolated financially without the means to help while clergy and counselors emphasize the benefits of preserving the relationship. For many, the social stigma of becoming a victim prevents them from reaching outside the relationship for help while other victims are isolated from the community, family and friends by their batterers. In either case, the victims face a community that is not willing to accept the truth about the batterer or that real problem exists.

In Cherokee County there are resources for victims to turn to. The Cherokee Family Violence Center offers a crisis hotline and a shelter to accept the victims fleeing a violent relationship. Once there, the staff offers counselors that can help victims obtain restraining orders against their abusers, obtain financial resources to get the family on its feet and look for employment. There is counseling available to victims and their non-offending family members to help cope with the emotional impact of the violence. The Cherokee County Family Violence Center Center has the countries’ first Transitional Housing program that can place qualified families in to safe, stable affordable housing to help a family wracked by violence achieve independence.

The month of October is more than just a time to remember those who have endured or are still trapped by Domestic Violence but to become more aware of its presence in our community and society. A society that is aware of its signs and its impacts will make this crime socially unacceptable and make it possible to break the cycle of violence that many families live in.

 

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