Page 17 - Minnesota Vol 8 No 5
P. 17

“If every consumer had the means
to hire an attorney to help them tell their story, I think
the entire system would crumble, or at least the debt collecting law  rm would be forced to put on
a case with real admissible evidence.”
“THE LAW SAYS THAT IF A PERSON HAS RECEIVED GOVERNMENT ASSISTANCE BASED ON NEED WITHIN THE PAST SIX MONTHS, THEIR SALARY OR EARNINGS AND DEPOSITS CANNOT BE GARNISHED.”
“Once the money is in the collector’s hands, it’s hard to get it back, unless you have a pa- tently obvious exemption,” says Ditamo. “Free/reduced lunch – unlike Supplemental Security Income or MinnesotaCare – is an ex- emption that is not identi able from an award letter.”
Ditamo sent supporting documents to the debt collecting  rm, including the fed- eral provisions governing free/reduced lunch, documentation of Shawneise’s income, and the school application and parameters for free/reduced lunch.  e  rm agreed to give her money back.
“Debt collection is a multibillion-dollar business,” says Ditamo. “Close to 95% of all debts are uncontested and can be easily col- lected. As for that last 5% or so, successful col- lection has been counting on people’s inability to navigate the legal system.”
Most of Ditamo’s clients know they owe some money, but they haven’t researched the original documents and consumer laws.  ey may not know when the debt is time-barred and outside of the statute of limitations ren- dering it uncollectable, or whether the debt
buyer claiming ownership actually owns their debt. Most are living paycheck to paycheck, and simply do not have time for in-depth re- search.
“ e system thrives on default judgments and is built on people not answering,” Ditamo says. “If every consumer had the means to hire an attorney to help them tell their story, I think the entire system would crumble, or at least the debt collecting law  rm would be forced to put on a case with real admissible evidence.”
Shawneise knows that she still owes money, but she’s grateful for the six-month grace pe- riod and a chance to resolve the debt.
“I told my kids we would have to weather the storm,” she says. “I thought I could handle the debt on my own, but I couldn’t.  at origi- nal $200 was paid o  a long time ago. I work hard and I make money, but things like this happen and people need help to resolve it.”
MID-MINNESOTA LEGAL AID PROVIDES FREE CIVIL LEGAL ADVICE AND REPRESENTATION TO MIN- NESOTANS WHO CANNOT AFFORD AN ATTORNEY. LEGAL AID SERVES PEOPLE WITH LOW INCOMES IN 20 COUNTIES AND PEOPLE WITH DISABILITIES STATEWIDE.
ROBINS KAPLAN LLP
PROVIDING ACCESS TO JUSTICE
WHEN IT MATTERS MOST
Robins Kaplan is among the nation’s premier trial law  rms, with more than 250 attorneys in eight major cities. Our attorneys litigate, mediate, and arbitrate client disputes, always at-the-ready for an ultimate courtroom battle. When huge forces are at play, major money is at stake, or rights are being trampled, we help clients cut through complexity, get to the heart of the problem, and win what matters most.
BISMARCK | BOSTON | LOS ANGELES | MINNEAPOLIS | NAPLES | NEW YORK | SILICON VALLEY | SIOUX FALLS 800 553 9910 | ROBINSKAPLAN.COM
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