PROTECT YOURINCOME & ASSETS

“Don’t Get Caught Singing the Blues”An assortment of brief articles on relevant topics for those concerned about losing their

social security, other retirement benefits and assets.

Compiled by Paul ShippManaging Attorney

of the Flint Hills Offices of Kansas Legal Services

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TABLE OF CONTENTS

ELDERLY AMERICANS INCREASE USE OF CREDIT DEBT....................................4

THE STATISTICS..........................................................................................................4

CHAPTER 13 BANKRUPTCY......................................................................................5

CHAPTER 7 BANKRUPTCY........................................................................................5

THE FAIR DEBT COLLECTION PRACTICES ACT......................................................6

WHAT DEBTS ARE COVERED?.................................................................................6

HOW MAY A DEBT COLLECTOR CONTACT YOU?..............................................6

CAN YOU STOP A COLLECTOR FROM CONTACTING YOU?.............................6

MAY A DEBT COLLECTOR CONTACT THIRD PARTIES?....................................6

WHAT MUST THE COLLECTOR TELL YOU ABOUT THE DEBT?.......................7

MAY A DEBT COLLECTOR CONTINUE TO CONTACT YOU IF YOU BELIEVE

YOU DO NOT OWE MONEY?.....................................................................................7

WHAT TYPES OF DEBT COLLECTION PRACTICES ARE PROHIBITED

UNDER THE ACT?........................................................................................................7

PROTECT YOUR SOCIAL SECURITY...........................................................................8

A SAD STORY...............................................................................................................9

FEDERAL LAW PROTECTS YOUR SOCIAL SECURITY INCOME.......................9

WHAT CAN I DO?.........................................................................................................9

KANSAS LAW PROTECTS OTHER ASSETS FROM CREDITORS...........................10

REAL ESTATE.............................................................................................................10

PERSONAL PROPERTY.............................................................................................10

INSURANCE & ANNUITIES......................................................................................10

PENSIONS & RETIREMENT PLANS........................................................................11

PUBLIC BENEFITS & ENTITLEMENTS..................................................................11

BEWARE OF FINANCIAL EXPLOITATION................................................................11

WHO ARE THE EXPLOITERS?.................................................................................11

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BANKS SOMETIMES DON’T REPORT EXPLOITATION FOR FEAR OF BEING

SUED.............................................................................................................................11

IF IT SOUNDS TOO GOOD TO BE TRUE, IT’S NOT..............................................12

PROTECT YOUR IDENTITY CHECK YOUR CREDIT REPORT...........................13

ELDER ABUSE; MORE LIKELY TO OCCUR IN THE HOME...................................13

INSTITUTIONAL ABUSE IS RARE..........................................................................14

ABUSE IN THE HOME IS MORE COMMON...........................................................14

AN EXAMPLE OF ABUSE IN THE HOME...............................................................14

YOUR REMEDIES!......................................................................................................15

APPENDIX........................................................................................................................17

LETTER TO CREDITOR.................................................................................................18

AFFIDAVIT AND NOTICE TO JUDGEMENT CREDITOR

THAT ONLY INCOME IS SOCIAL SECURITY...........................................................19

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ELDERLY AMERICANS INCREASE USE OF CREDIT DEBT

According to AARP, there has been and will continue to be a dramatic increase in the number of elderly filing for bankruptcy. A reason for the increase in bankruptcy filing among the elderly revolves around the standard of living and how much longer the elderly are living. In other words, even though the physical well being of most elderly 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.

THE STATISTICS

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. One study illustrated that in the previous decade there was a 217% increase in the amount of credit card debt in the elder population, thus an increase in bankruptcy filings. Some have speculated that with the change in financial regulations requiring credit card companies to require its clients to pay at least 4% of the balance owed on their debt instead of the usual 2% means that some Americans will have credit card minimum payments double. If a widow is living on a fixed income and can only afford to pay $40 (2%) per month on a $2,000 balance, she will soon find herself in financial straits when the minimum payment increases to 4% of $2,000, or $80 per month. Fortunately, the new requirement to pay 4% instead of 2% of unsecured, outstanding balances will cause balances to go down more quickly and the doubled payment will decrease over time, so long as it is paid on time for a few months. Some fear that with the changes in minimum payments, that bankruptcy filing will continue to increase, and coupling that with the recent changes in bankruptcy law that it will be more difficult for the elderly to file for bankruptcy, and get out of the quagmire.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 changed bankruptcy law. The act went into effect on October 17, 2005.

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Before the act was signed into law many criticized the Bush administration, arguing that low-income, elderly persons with high medical costs would be hard hit by the new means test required under the new law. The AARP provided a publication for Elder Advocates and concluded that the criticisms were unfounded after a "careful analysis" of the act. The only persons affected under the new bankruptcy law will be those who have incomes above their state's median income, and they will be required to pass a means test before being allowed to declare bankruptcy; otherwise bankruptcy continues to be a viable option.

There are primarily two types of bankruptcy available to consumers, Chapter 13 and Chapter 7; Chapter 11 bankruptcy is usually used only for businesses.

CHAPTER 13 BANKRUPTCY

Chapter 13, which has also been known as a wage earner's plan, is used by about 25% of consumers. In Chapter 13 consumers work out a periodic payment plan with their creditors to pay off their debts, or at least substantial portions of the debt. Generally the creditors expect to get more than they would have received from the debtor's estate if the debtor had sought a complete liquidation under Chapter 7 Bankruptcy. One of the important benefits of Chapter 13 is that the debtor generally can continue to live in his or her home so long as the debtor complies with the terms of the Chapter 13 arrangement. If the debtor fails to comply, the Court treats the matter as Chapter 7 liquidation. The disadvantage of Chapter 13 to the debtor is that the debts can linger for years, burdening future income.

CHAPTER 7 BANKRUPTCY

Chapter 7 is the bankruptcy provision most frequently used by individuals. It involves the complete liquidation of a debtor's property, with the proceeds used to pay off the debts. However, the debtor can retain certain property that is specifically "exempt" under his choice of Federal law or her State's law, such as tools of one's trade, limited equity in a car and house, and some personal effects. If you use Chapter 7, you may lose your home (depending on your state) but it does enable you to get out from under the burden of debt more quickly.

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The secret is to beware of the pitfall of unsecured debt and avoid it like the plague, however, if you find yourself in financial straits, be aware that bankruptcy is still an option.

THE FAIR DEBT COLLECTION PRACTICES ACT

If you have bad debts you still have rights. Your creditors must still treat you with dignity and respect. Your creditors are required to follow the rule of law in collecting any debt that is owed. The Fair Debt Collection Practices Act prohibits debt collectors and collection attorneys from using undue harassment and other unethical practices when collecting a bad debt.

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.

CAN YOU STOP A COLLECTOR FROM CONTACTING YOU?

You can stop a collector from contacting you by writing a letter (example is included in this packet in the appendix) to the collection agency telling them to stop. Once the agency receives your letter, they may not contact you again except to say there will be no further contact. The agency may notify you if the debt collector or the creditor intends to take some specific action, like selling the debt or bringing a law suit to seek a legal judgment against you.

MAY A DEBT COLLECTOR CONTACT THIRD PARTIES?

If you have an attorney, the debt collector may not contact anyone other than your attorney. If you do not have an attorney, a collector may contact other

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people, but only to find out where you live and work. Collectors usually are prohibited from contacting such permissible third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.

WHAT MUST THE COLLECTOR TELL YOU ABOUT THE DEBT?

Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.

MAY A DEBT COLLECTOR CONTINUE TO CONTACT YOU IF YOU BELIEVE YOU DO NOT OWE MONEY?

A collector may not contact you if, within 30 days after you are first contacted, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.

WHAT TYPES OF DEBT COLLECTION PRACTICES ARE PROHIBITED UNDER THE ACT?

Use of threats of violence or harm against the person, property, or reputation

Publishing a list of consumers who refuse to pay their debts or advertise your debt (except to a credit bureau) or give false information about you to anyone

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

Giving a false name when they contact you or falsely represent that they operate or work for a credit bureau

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

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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

Claiming that actions, such as a lawsuit, will be taken against you, which legally may not be taken, or which they do not intend to take.

Collecting any amount greater than your debt, unless allowed by law Using obscene or profane language Depositing a post-dated check prematurely 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 [A delinquency can be revealed to a co-signor.]

Note that the Fair Debt Collection Act regulates debt collection agencies and attorneys and does NOT apply to original creditors. However, most major creditors have adopted collection policies that do not violate the Fair Debt Collection Practices Act. If you believe a creditor is harassing you or violating the law, contact an attorney and/or complain to the State Attorney General's Office. Creditors who violate the law can also be reported to the Federal Trade Commission.

PROTECT YOUR SOCIAL SECURITY

When living only on social security Americans have the impossible task of planning life around the impossible, a perfect financial outlook, where there are no surprises and all financial decisions are predictable. Unfortunately it is common for those living solely on social security to fall into the trap of not making ends meet because something unexpected happens on the financial front. Nothing is ever predictable and so unfortunately, when something unpredictable occurs, persons on social security inevitably have difficulty paying creditors. The problem is only exacerbated when a creditor gets a civil judgment against the individual and then garnishes a bank account.

A SAD STORY

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I have dealt with the situation where an elderly lady had her bank account emptied because a creditor garnished it. Her only means of support was the social security funds in the 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.

FEDERAL LAW PROTECTS YOUR SOCIAL SECURITY INCOME

If you are living on Social Security, and you have a civil judgment against you it is vital that you protect your social security. The most important thing for you to remember is that there are federal laws on the books to prevent creditors from getting to your social security but you have to notify your creditors, who have civil judgments against you that you only have as income social security.

WHAT CAN I DO?

The most important thing you can do is send a notarized letter directly to your creditor (keep a copy) tell them that your only source of income is social security. You should also send a letter 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 social security funds are deposited in. You should provide the account number to the Court. The letter should be notarized and a copy should go directly to the creditor and your bank. You should save a copy of the letter for your records. Instead of sending a letter you could use the sample affidavit that at the end of this appendix in this packet; simply fill in the blanks.

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. If you are uncertain about how to do all of the above then you can contact an attorney and he/she will draft an affidavit with everything listed above in it. If you have been a victim of a wrongful garnishment you should seek legal advice because the money can be returned to you.

The important thing is to protect your income. Do not ignore creditors, as

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they will do all they can to get their money. If you need assistance recovering social security income, and are 60 or older you may contact the Kansas Elder Law Hotline at 1-888-353-5337 and you can be set up with an attorney in your area. You may also visit with the Senior Law Project attorney during their visit to a nearby Senior Center. There is no charge for the legal work of the Senior Law Project attorney, who is funded by your local Area Agency on Aging.

KANSAS LAW PROTECTS OTHER ASSETS FROM CREDITORS

The State of Kansas exempts the property and income below from seizure by any court to pay creditors (Some items listed apply only in bankruptcy cases).

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 [60-2301 and Kansas Constitution 15-9].

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)].

INSURANCE & ANNUITIES

Life insurance proceeds if policy prohibits proceeds from being used to pay creditors, unlimited amount [40-414(a)]; cash value of life insurance if bankruptcy filed at least one year after policy issued, unlimited amount [40-414(b)]; fraternal life insurance benefits, unlimited amount [40-414(a)].

PENSIONS & RETIREMENT PLANS

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Retirement benefits, unlimited amount [60-2308(b)]; firefighters and police officers, unlimited amount [12-5005(e)]; public employees, unlimited amount [74-4923]; judges, unlimited amount [20-2618]; federal government pension payments paid within three months of filing bankruptcy, unlimited amount [60-2308(a)]; elected and appointed officials in cities with populations between 120,000 and 200,000, unlimited amount [13-14-102]; state highway patrol officers, unlimited amount [74-4978g]; state school employees, unlimited amount [72-5526].

PUBLIC BENEFITS & ENTITLEMENTSUnemployment compensation, unlimited amount [74-7313(d)]; workers' compensation, unlimited amount [44-514]; aid to families with dependent children, general assistance and welfare benefits, unlimited amount [39-717]; crime victim's compensation, unlimited amount [74-7313(d)] Wages:  75% of earned but unpaid wages [60-2310].

BEWARE OF FINANCIAL EXPLOITATION

One of the most vulnerable groups in America today is the elderly. The elderly suffer all forms of abuse, including physical and emotional abuse, however, an often forgotten form of abuse is that of financial abuse, also known as financial exploitation.

WHO ARE THE EXPLOITERS?

A recent survey of various financial institutions with elderly clients revealed that 83 percent of the institutions suspected that some of their elderly clients were victims of financial exploitation. Forms of suspected exploitation included exploitation of the elders' finances by substance-abusing relatives, roommates, neighbors, attendants at a nursing facilities, or boarders; other forms of exploitation include misappropriation of cash or belongings; and abuse of the power of attorney.

BANKS SOMETIMES DON’T REPORT EXPLOITATION FOR FEAR OF BEING SUED

A survey was done of a small number of banks in the New York City, and it revealed that the most common forms of financial exploitation of their elderly customers were forgery, misappropriation of funds, abuse of joint

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accounts, and abuse of the power of attorney. The responding banks said that the most common person taking advantage of the elderly client was a relative. It is shocking, but only 43 percent of the banks said they always reported the exploitation. Most banks never report the exploitation for fear of backlash or worry about lawsuits. You may know of someone who is being taken advantage of, and you should report it to law enforcement. Here are some clues that someone is being exploited financially:

Unusual activity in a bank account, including activity inconsistent with the victim's ability, such as the use of an automatic teller machine on an account of a bedridden elder,

New acquaintances of the elder expressing a desire to reside with the elder;

Loss of amenities, such as the disconnection of utilities, when the elder is known to afford such amenities; or sudden decline in health and/or hygiene of the elder, as money may be spent items wanted by the person exploiting the elder (illegal drugs or even frivolous purchases) and not the elder’s medication or other supplies;

Depression, especially when an onset occurs when a new roommate or relative has moved in;

New signees or unusual activity on credit cards, for example, someone purchasing items that are of no use to the elder.

Suspicious signatures on documents, particularly if the elder is capable of writing as one who can sign for himself/herself can sign and needs nobody to sign for him or her.

If you know of an elderly person who is being exploited financially and they live at home call 800-922-5330, and if they reside in a nursing home-type facility call 800-842-0078 and report it.

IF IT SOUNDS TOO GOOD TO BE TRUE, IT’S NOT

Some forms of financial exploitation occur when con artists trick individuals into participating in investment scams or bogus charitable organizations. Newsweek recently reported that 5 million elderly people are victims of financial exploitation every year, and that an enormous number of baby boomers are heading for retirement, putting America on the verge of an elder fraud epidemic. Many cases of exploitation go unreported by seniors because many are either too embarrassed about being duped or unaware that the theft is happening. Individuals should be cautious of participating in “too good to be true” investment opportunities. If it is “too good to be true”

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then it probably is not true. If you know of a scam or are a victim you should report it the Kansas Attorney General Consumer Hotline: (800) 432-2310. Our country has experienced a number of recent disasters and many will come to you seeking financial assistance. It is best to stick to well-known organizations and decline to give out funds to organizations you have never heard of.

PROTECT YOUR IDENTITY CHECK YOUR CREDIT REPORT

Another form of financial exploitation occurs when identities are stolen. Often, the elderly neglect to check their credit reports to be certain nobody is taking advantage of them. Due to a recent change in the law, as of September 1, 2005, everyone can get a free copy of their credit report annually from all three of the major credit reporting agencies. Getting a copy of your credit report can be accomplished by one of three ways: 1) visiting www.annualcreditreport.com 2) calling the toll free number of 877-322-8228, or 3) completing an Annual Credit Report Request Form and mailing it to “Annual Credit Report Request Service” P.O. Box 105281, Atlanta, GA 30348-5281; the form can be obtained from www.ftc.gov/credit or can be provided to you by a local Kansas Legal Services Office.

Always remember, “An ounce of prevention is worth a pound of cure!” and protect yourself and those around you. If you are age 60 or over and have more specific questions about protecting yourself or reporting financial exploitation please call the Kansas Elder Law Hotline at 1-888-353-5337, or you can set up a time to meet with a Senior Law Project Attorney in your area. The Senior Law Project Attorney is funded by your local Area Agency on Aging.

ELDER ABUSE; MORE LIKELY TO OCCUR IN THE HOME

Whether old or young abuse of all kinds (physical, sexual, emotional, or financial) is something one doesn't have to put up with. The Elderly are especially vulnerable to being abused, and many families are in denial that abuse of elders has occurred in their own homes.

INSTITUTIONAL ABUSE IS RARE

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Occasionally we read of some shocking incident of elder abuse in a nursing home. We read of nursing home staff that has neglected to treat the elderly in their care, or even worse that have actively beaten or injured the person in a malicious way. Stereotypically many believe that the elderly are more likely to be abused by nursing homes, or other professionals who work in private professional institutions. Many elderly fear the nursing home or other institutional setting because of the belief that they will be abused and/or neglected in such a setting. Shockingly, the statistics paint a different picture. Did you know that most incidents of elder abuse do not happen in a nursing home, or in a nursing-home type facility?

Shockingly, the reality is only about four percent of older adults live in nursing homes, and the vast majority of nursing home residents have their physical needs met without experiencing any abuse or neglect. Most elder abuse and neglect takes place within the confines of the home. The usual abusers are family members, other household members, and paid (home health) caregivers, the very persons society trusts the most. The most common relationships of victims (60 and older) to alleged perpetrators were adult children (32.6%) and other family members (21.5%), according to a 2004 Survey of State Adult Protective Services. Even more shocking was the fact that the likely abuser is female.

ABUSE IN THE HOME IS MORE COMMON

There is no single pattern of elder abuse in the home. At times the abuse is a continuation of long-standing patterns of physical or emotional abuse within the family. It is more common that the abuse is related to changes in living situations and relationships brought about by the older person’s growing frailer and becoming more dependent on others (around them) for companionship and for meeting basic needs.

AN EXAMPLE OF ABUSE IN THE HOME

The following example was taken from a recent online publication addressing the topic of Elder Abuse; it outlines a common scenario:

Agnes, 85 years old, lost her husband last year. Because of her own problems with arthritis and congestive heart failure, Agnes moved in with her 55-year-old daughter, Emily. The situation is difficult for all of them.

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Sometimes Emily feels as if she’s at the end of her rope, caring for her mother, worrying about her college-age son and about her husband, who is about to be forced into early retirement. Emily has caught herself calling her mother names and accusing her mother of ruining her life. Recently, she lost her temper and slapped her mother. In addition to feeling frightened and isolated, Agnes feels trapped and worthless.

While it is understandable for the Elderly who are in a position similar to Agnes' to feel helpless, they should not, as there is help out there. While it is true that the infirm or mentally impaired are more vulnerable to abuse, those who do not have these obvious risk factors can find themselves in abusive situations as well. Do not tolerate abuse as there are legal remedies available, and those remedies should be utilized.

YOUR REMEDIES!

1. Call the police. If you are being subjected to physical abuse of any kind you should call the police. Doing such a thing could drastically change any given situation, and it could possibly land a family member or friend in jail, however, your safety is more important.

2. Contact Adult Protective Services. 800-922-5330 (Statewide Hotline, reporting only open 24 hrs a day). Explain the situation to them and have them open an investigation.

3. Report abuse to your doctor or other professional. If you cannot contact Adult Protective Services (because you are afraid to make the attempt) directly then you should tell your doctor and ask him or her to remain a confidential informant. You can usually make a report to your doctor in confidence and ask that the information shared remain in confidence. Taking this step protects you, as your doctor will not (should not/cannot) disclose what you told them to the family member or abuser. Under Kansas Law your physician is a mandatory reporter and will notify authorities. Usually Adult Protective Services will get involved and open an investigation. If abuse is confirmed then Adult Protective Services will work closely with other agencies (including law enforcement) in the community to ensure your health and safety.

4. Contact your local Family Crisis Center. The Kansas Coalition against Sexual and Domestic Violence is a resource available Statewide. Violence is not something that only affects younger individuals. If you want local help call toll free, 888-END-ABUSE

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(888-363-2287) and you will be connected with an advocate who can assist you with getting out of an abusive situation.

5. Talk to an Attorney. Call the Elder Law Hotline (Toll Free) 888-353-5337.

If you are a caregiver and believe you have been abusive, or are in danger of abusing an older person in your care, there is help available for you as well. You should find ways of giving yourself a break and temporarily relieving the tension of having total responsibility for an older person who is completely dependent on you. There are many local respite or adult day care programs to help you, contact your local Area Agency on Aging (North Central Flint Hills Area Agency on Aging, 800-432-2703) for help. If you suspect abuse, do not allow your fear of meddling in someone else’s business stop you from reporting your suspicions. You could be saving someone’s life, and drastically improve the quality of their life; call the police or Adult Protective Services.

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APPENDIX

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LETTER TO CREDITOR

Date:

Re: Account Number:

To Whom It May Concern:

This letter is to inform you that I have been in contact with an attorney and they have advised me that I am what they call “judgment proof.” My sole income is made up of Social Security benefits which must first be used to provide for my shelter, food and living necessities. I understand that you can sue me and take me to court, but you cannot garnish my bank account because it is solely made up of Social Security benefits. Under state and federal law, as required by K.S.A. 60-2313 (and other statutes) as well as 42 U.S.C. (United States Code) Section 407(a), those funds are not garnishable. My circumstances will not likely change.

I am also requesting that you stop communications with me as required by the Fair Debt Collections Practices Act 15 U.S.C. §1692c(c). I will not make any additional payments on this debt. I also respectfully request that you consider charging this debt off considering my circumstances. Your cooperation and attention to this matter is greatly appreciated.

Sincerely,

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Prepared by:

___________________________

___________________________

___________________________

IN THE DISTRICT COURT OF ______________ COUNTY, KANSAS

___________________________ PLAINTIFF

vs. Case No. ______________

___________________________ DEFENDANT

Pursuant to Chapter 61 ofKansas Statutes Annotated

AFFIDAVIT AND NOTICE TO JUDGEMENT CREDITOR THAT ONLY INCOME IS SOCIAL SECURITY

STATE OF KANSAS )) SS:

_________ COUNTY )

COMES NOW the undersigned, _______________________,

Defendant, being of lawful age and duly sworn under oath, states:

1. That my only income has been and continues to be income

payments from Social Security;

2. That my Social Security is approximately $_______________

per month;

3. That I anticipate no change in my circumstances in the

foreseeable future, and as such all past and future deposits into my personal

account will be and are funds received from Social Security; and

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4. That the Judgment Creditor herein SHALL NOT be allowed to

garnish said amounts because they are exempt under federal law, and state

law under K.S.A. 60-2308.

5. That the said funds are necessary to pay for my day to day

living expenses and for the maintenance and support of my family.

WHEREFORE for the above and foregoing reasons, I pray that any

requests for a garnishment of said account not be allowed.

FURTHER AFFIANT SAITH NOT.

Date Name of Defendant

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public, on

this the ____ day of ___________, 20___.

Notary Public

My Appointment Expires:

CERTIFICATE OF SERVICEI hereby certify that I caused a true and correct copy of the above and

foregoing Affidavit to be mailed to the creditor/plaintiff (name and addresses shown below) by depositing the same in the United States Mail, first class postage prepaid this ____ day of ___________, 20___.

_______________________________________________________________________________________

Defendant, Pro Se

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The information in this booklet is provided as a public service by Kansas Legal Services, It was compiled by Paul Shipp (Managing Attorney in the Flint Hills Offices of Kansas Legal Services). It was written to provide you with helpful information regarding the subject matters covered. This publication must not be used as a substitute for the advice of an attorney. If you require legal advice then you should seek out a qualified, competent attorney.

Distributed by the Flint Hills Offices of Kansas Legal Services, 104 South Fourth Street, Manhattan, KS 66502; Phone: 785-537-2943.

For assistance with Elder Law Questions, Call: 1-888-353-5337

If you need any of the articles contained within this pamphlet in larger print or alternative media so that you can review it please feel free to contact the Flint Hills Offices of Kansas Legal Services directly. Anyone may copy and reproduce the information contained herein so long as no fee is charged to the recipient.

Copyright © 2009By

Kansas Legal Services

This publication may be reproduced and distributed provided it is done at no cost to the recipient.

Kansas Legal Services offers Free and Reduced Cost Legal Services. If you need help with a legal problem you may want to contact us, we serve the entire state of Kansas: 800-723-6953

(Marilyn Harp, Executive Director)

Funded in part by the

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North Central Flint Hills Area Agency on Aging

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