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.

Stop-and-Vote

Posted on by K

Whenever I come across those NYPD bag searching bases in the subway (I’m sure they have an official title but I have no idea what that is), I play a little game. As soon as I come down those stairs  and spot that table surrounded by police officers, I take on the role of  “Suspicious Character Kayt.” I nervously grasp my tote bag. I avoid eye contact with the officers. Sometimes I put my head down. Sometimes I anxiously look around as if I’m considering making a run for it. It really all depends on my mood how dramatic my portrayal of “Suspicious Character Kayt” is but, regardless of how Oscar worthy my performance (and, believe me, I think I’m pretty good),  I have yet to be stopped. Now this may have something to do with the NYPD officers’ skill level at assessing real and credible threats or it may have something to do with my age,  the fact that I am white and the fact that I am a woman. This is not the experience of many other New Yorkers in the subway station and on the streets where they live. Many young people, particularly minority men  aged 13-24, living in stop-and-frisk “hot spots” have often been stopped numerous times. A recent Vera Institute study suggests 9 times or more.  This is the issue at the center of the debate surrounding the NYPD’s stop-and-frisk policy; a debate that is currently playing out in the federal court system and  one that I feel I would be remiss if I did not mention, as it so acutely highlights the concept of social justice that differentiates social work from other social science fields.

 

The NYPD’s stop-and-frisk policy, as its called, essentially allows for police officers to stop anyone they have “reasonable suspicion” to suspect of criminal activity. One might wonder what constitutes “reasonable suspicion.” That answer is not a clear one. The NYPD sees stop-and-frisk as a preventative measure. Instead of waiting for crimes to occur and reacting, the police stop would-be-criminals before they have a chance to engage in criminal activity. To them, its a proactive stance and one that has significantly impacted the crime rates of NYC. Anyone could be stopped and frisked they say.  Civil rights group see it a different way. They have brought numerous lawsuits against the city’s police department alleging that this “reasonable suspicion” is without merit and largely based on skin color. “Suspicious Character Kayt’s” inability to draw attention may just illustrate their point.

This week, the judge who ruled on these cases brought by civil rights groups has taken center stage. Judge Shira A. Scheindlin has heard numerous stop-and-frisk cases over the last decade,beginning in 1999 with a the infamous Diallo case. She has had this opportunity on account of the court’s “related-case-rule.” “Related-case-rule”  allows judges the chance to accept cases that they deem to have “similarity of facts and legal issues” or those that emanate from the “same transactions or events,” all in an effort to conserve judicial resources. In a ruling issued on Thursday by the Court of Appeals for the Second Circuit, Judge Scheindlin was removed from the latest stop-and-frisk case before her (Floyd v. City of New York) and her rulings were reversed. The panel of three judges issuing this ruling believed that Judge Scheindlin had, perhaps, been too liberal with her application of the “related-case-rule” and that she did not appear to be impartial about the matter.

The reversal of Judge Scheindlin’s recent orders means that no monitor will be appointed to perform a watchdog function over the NYPD’s searches and the pilot program that was meant to record street encounters for five of the city’s precincts will not be implemented at this time. A new judge will have a chance to rule on this, but only after the Court of Appeals gives the go ahead. The impact of the Court of Appeals findings could be vast in the communities where many of us work at our field placements. Without monitoring, the NYPD is free to continue to stop-and-frisk racial minorities in disproportionate amounts. This can lead to disproportionate numbers of arrests, felony convictions, incarcerations. All of which, as we know,  greatly affect a community’s ability to prosper.

One thing we can do to advocate for socially just NYPD policies is to vote tomorrow in the mayoral election. Bill de Blasio has widely criticized the tactics of stop-and-frisk, Joseph Lhota is in favor. The choice will be our next mayor’s as to whether to continue to pursue the appeal of Judge Scheindlin’s orders or to go ahead and implement reform.  While casting a ballot on November 5 may just turn out to be a means to end for my acting career and “Suspicious Character Kayt,”   it also offers a real chance to provide relief in the communities who most deserve it, and, in my opinion, that’s a rare opportunity.

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….