Our Clients and Their Credit Report

Posted on by K

This week, I was lucky enough to be given the opportunity to travel to Washington DC for The National Consumer Law Center’s annual Consumer Rights Litigation Conference.  Being that I don’t actually participate in litigation as a paralegal, I popped into town just for the session that would be relevant to my work — Consumer Rights Advocacy for Domestic Violence Survivors. After a day filled with tiny pastries and amazing speakers, what I ended up leaving with was an awareness of just how critically important it can be for us, as social workers, to screen our clients (domestic violence survivor or not) for consumer issues. Clients may not be aware of legal remedies available to them in this regard. Our ability to spot these issues and link them with proper services could be the difference between homelessness and keeping their apartment, between obtaining work or being unemployed, between remaining in an abusive relationship for financial security and starting a new life free of fear. Often when our clients come in we provide assistance for their immediate needs. You are struggling to put food on the table? Let me help you apply for foodstamps. You have rental arrears? Lets apply for a one shot deal. We help them to gain some immediate financial stability but what do we do to help promote real long lasting financial security? Our services often remain focused on the present needs and we neglect to note the circumstances surrounding the situation and to develop a strategy for avoiding similar problems in the future.

Credit reports, as one speaker described them, are the “gatekeeper” to many of the basic necessities our client’s are attempting to access.  Credit reports can be pulled by potential new landlords, by creditors, utility companies and, in some states,  (including New York until the state Senate votes this January) prospective employers. Knowing what information is on your credit report, good or bad, is the first step toward getting your foot in that gate, so to speak. As a person with A LOT of debt myself, I can understand why someone might want to forego seeing all their creditors listed in one place but the reality is, as its commonly put, “knowledge is power.” Perhaps my credit report will reflect an identity theft, maybe an item on the report will turn out to be incorrect or maybe it’ll be completely accurate and now I’m aware of just how much I owe. Under federal law, consumers are entitled to one free credit report a year from each of the three big companies (Experian, TransUnion and Equifax.) We should encourage our clients to take advantage of this through annualcreditreport.com. After the report is obtained, we can offer to review it with our clients. Maybe they will be relieved to know that their report reflects all accurate information and is better than they anticipated. If that is not the case and there are discrepancies, we can assist our client in disputing any incorrect elements of their report. This is done through the credit reporting agency, utilizing forms available on their website.  If the dispute is not successful, we can empower our clients by aiding in writing a personal statement to be included in their report explaining their side of the story.

If our clients credit report reveals that they are in considerable debt that they are unable to pay, there are things we can do to help them in that regard as well. Contrary to what debt collectors would have you believe, they do not have the right to harass those indebted to them 24 hours a day, 7 days a week. Debt collectors can be put on notice that they are not to call during certain hours, that they should only contact your client in writing, that they are not authorized to contact the client’s work. This request should be submitted  in writing directly to the debt collection agency. Another thing we can help our clients with is contacting their creditors and discussing a payment plan or settlement. This is a possibility because the creditor would rather be paid partially or at a slower rate as opposed to not at all. We can assist our clients in prioritizing their debt and creating a plan for payment that makes sense for them. Having support and an understanding person to face the stressful reality of their financial situation could be the catalyst to turning a daunting economic situation around.

In some cases, it may be necessary to point our client to a lawyer. Creditors could be violating their consumer rights by continually harassing them. They may be sued by their debt collectors. Filing for bankruptcy may be in their best interest. They may have tax issues and need assistance with the IRS. Our clients may not know what their options are and so it is critical that we, as their social workers, can recognize these issues and put them in touch with a legal services organization or a lawyer who can assist them. The first step to solving any problem is acknowledging that there is one, social workers should be aware of the ways consumer law impacts their clients so that we can help them to address any consumer issues they are facing and place them on a path the financial security and stability,

 

if you are interested in more information about consumer rights and consumer rights advocacy, visit the National Consumer Law

Center’s website.

To get us thinking…

Posted on by K

    Since I began working for an organization that provides free legal aid for domestic violence victims,  I’ve come to notice one definitive trend amongst those who seek our services — a reluctance to become engaged in a court proceeding. Yes, a lot of  our clients’ desire to avoid the courtroom stems from a fear of facing off with their abuser but I don’t think that is the sole reason. Another motivating factor is a fear of the court system itself, a mistrust in the system’s ability to provide the justice is was built to dispense.

“Justice is the truth in action” the wall of one particular courtroom in a  NYS Supreme Courthouse reads but the truth according to whom? Getting to the truth of the matter in court is not always so simple, even when one has a lawyer. There are rules and procedures for filing court documents, for having evidence admitted, for soliciting testimony. The regulations are endless and can vary between courts. It can be difficult for even the most veteran attorney to recall, but what if I don’t have an attorney? What happens to me then? Even the NYS Family Courts, which are said to “pro se” friendly, can be hard to navigate. If I do manage to file, serve the opposing party properly and make it to my initial court appearance, that is only the start. Take for example,  a child support case, what if my abuser works off the books, I have had no access to our bank accounts or tax returns and he is claiming to have no income? How is the truth about his income going to come out unless I know how to make my case?  How would I know how to make my case if I had not gone to law school? How will justice be carried out?

Beyond just procedural difficulties, the court is built on an air of authority. Yes, sir, no m’am. Its proper and its formal and its intimidating. You wait in long lines at the public entrance and enter through metal detectors; the security guards eyeing you with suspicion. The court staff is overworked and overwhelmed; getting straight answers to your questions can be difficult, if not impossible. You arrive at 9:30 am and don’t see a judge until three hours later; you are on the court’s schedule now, forget about making it to work today. You learn to speak only when you are spoken to, but  sometimes you are too nervous to say what you really need to say to the judge.  One client of ours who had represented herself in a proceeding lamented to me  “Everything happened so fast, I could never get a word in edgewise and even if I had, I didn’t know what to say. It never seemed like the right time to bring up what I had to say.”  Because it was “never the right time” to say what she needed to say, the client endured months of additional harassment that could have been stopped had she known to ask the judge to modify her Order of Protection.

Despite its shortcomings, the court system is, of course, a magnificent tool that can provide our social work clients will invaluable relief. An order from a court can be the difference between a family keeping their apartment or becoming homeless; it can provide safety for a mother and her children who have long suffered abuse; it can allow someone who is wrongfully accused to go free; it can give a crime victim back their peace of mind. The question is though, how can we help our clients to navigate the court system so they can obtain court orders to their benefit? How can we make it easier for them? We can try to find them a lawyer by contacting  Legal Services: NYC,  New York Legal Assistance Group or The Legal Aid Society on their behalf. When thats not possible,  as a  last resort, we can sit with them and look for  the proper court forms on Ecourts perhaps. While we are not lawyers and cannot give advice, two heads might prove to be better than one in determining how to fill in the court papers. At the very least, we should  be able to deduce what information the client will need to have with them when they file or attend a hearing.  Maybe its more a matter of helping out clients to work out the logistics…  Can we help them to arrange days off with their employers so that they can attend  their court hearings and wait just as long as it takes? Maybe we can  map out the court’s location, find out where to file or look into what courtroom and which floor their hearing will be held? Just easing some of the initial anxiety of even getting themselves to the courthouse may be extremely helpful. Could we go with them for moral support? This way the client will know that even when they are standing alone in front the judge, there is someone who has their back sitting a few rows behind.  Maybe it all comes down to advocacy again. Can we change the system and help it to become more user friendly? Can we build trust in the court system and improve outcomes?

This is an issue I think of a lot when I go over to the courthouse and, to be honest, I really just end up with more questions than solutions (as you may have noticed) but  I’m thinking about it, and now maybe you are too…I guess thats a start.

PS. Check out this interesting article about the immigrant population and their fear of justice system….

Court Proceedings Lost in Translation

Posted on by K

Recently, I found myself stuck in a courtroom waiting on a judge’s signature in the midst of a trial. During said trial, a witness required a court interpreter in order to give his testimony. The interpreter’s role was to relay questions being asked of the witness (in his primary language) as well as the witness’ responses to these questions to the courtroom (in English). The interpreter also relayed translation of discussions that occurred between the opposing party and the judge. As an observer who didn’t speak the primary language of the witness, I found myself engrossed by the interactions between interpreter and witness. How do we know what that the witness is understanding the questions or that they are being interpreted correctly if no one else here speaks that language? Why did the interpreter and witness just have a back and forth exchange when no one was talking to them? Are they talking about me sitting in the back of the courtroom?

It’s a fascinating thing, watching a court interpreter at work. To me, its mind boggling how fast their brains must take in information in one language, translate and then spit it out in a completely different one.  Sometimes the translations seem be happening simultaneously as the words are flowing from the person who is speaking, as if the interpreter is a mind reader!  As fascinated  and impressed as I am with an interpreter’s skill set, I also can not help but feel concerned with the whole process.  How can the witness focus with two people speaking at the same time? How can they completely tune out the English if its their secondary language? Do they trust the interpreter’s translation?

As it turns out, my concerns are not necessarily unfounded. Well, all my concerns except the one about the witness mocking me to the interpreter… I think.   According to a report written in 2011 by the Immigration Court Observation Project, (ICOP) interpretation in immigration courts was determined to be real issue. Interpretations services in many ways appeared to be inadequate.  For example, only statements made to or from the respondent are translated for them causing confusion about what is occurring in the proceedings. It was observed in a number of cases that translation  did not always occur in the proper dialect or, even more disturbing, proper language for the respondent to understand. Despite court interpreters being held to a professional standard of conduct, many appeared to disavow this code.  These issues are not unique to immigration court. At one seminar I attended for work, a domestic violence survivor advocate spoke about these issues plaguing survivors’ experiences in family or matrimonial court as well. In addition, she created awareness that in smaller communities there is an increased probability of the survivor knowing her interpreter. This could cause the survivor to feel intimidated or embarrassed during their testimony which could, in turn, affect its quality.

In thinking about this issue, I wondered how, as a social worker, I could assist clients for whom English is not their primary language when they must make a court appearance. It seems to me, the best course of action would be to prepare our clients prior to their court date, empowering them with knowledge. Our clients should know they are entitled to a court interpreter in their primary language even if they also speak English. They  have a right to a proper translation of their court proceeding. They must be encouraged to raise any concerns about interpretations or the person carrying out the interpretation with their lawyers or, if they are not represented, with the judge.

Another way for social workers to get involved with this issue is through advocacy. Barrier Free Living is working to ensure that domestic violence survivors with hearing impairments are provided with adequate American Sign Language interpreters.  The New York Immigration Coalition  works for justice for immigrants. The Vera Institute of Justice strives to increase fairness in the justice system in numerous ways, this could become one.

Any thoughts?