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CONSUMER RIGHTS FOR FAMILY VIOLENCE SURVIVORS

Family violence survivors who have been able to free themselves from abusive relationships can start to re-build their lives. This web page will give survivors information on economic and consumer issues they may face.

Income

Your first step in establishing economic freedom is planning for family income. Investigate all sources of income that may be available. 

• Can you get employment? 
• Do you need more training? 
• Would you like to return to school but have old student loan debts?
• Can you get child support, alimony, or property division in a Protective Order or Divorce action? 
• Can the Office of Child Support Recovery assist you in collecting your support?
• Can you apply for TANF (Temporary Assistance for Needy Families), Food Stamps, Medicaid, PeachCare, subsidized child care,  Social Security, Supplemental Security Income (SSI), unemployment, workers compensation, EITC (Earned Income Tax Credit), public housing, or Section 8 housing?

Budgeting - Which Debts to Pay?

Coming out of an abusive marriage or relationship, you may not be able to pay all the debts. Decide which debts are most important and make sure those debts are paid first.  Other creditors may have to wait. Just because a creditor makes the loudest noise does not mean that debt should be paid first.

Pay first - food and unavoidable medical expenses;
Next pay housing bills - mortgage or rent;
Next pay the minimum amount for essential utilities - electricity, gas, water;
Next pay car loans - when transportation is necessary for work;
Child support - this obligation will not go away;
Income taxes - the government can attach tax refunds for this debt;
Low priorities - Unsecured Debts - Credit cards and bills on household
goods are low priorities;
Student loans - the government can attach tax refunds for this debt.

How to Deal with Collection Lawsuits
 
Pick up certified mail about court actions.  Avoiding the problem does not make it go away. All lawsuits have deadlines.  If an answer or response is not made to a lawsuit, then the creditor will automatically win.
 
Get legal advice whenever possible. An attorney may find legal defenses or counterclaims to the lawsuit.  Magistrate courts have forms you can use to file a response. Doing this will give you the chance to bring any issues before the judge before a decision is made. 

The Fair Debt Collection Practices Act

 Do not pay on debts just to stop creditor harassment.  Under the Fair Debt Collection Practices Act, collectors MUST stop all contact with you if they receive a letter telling them not to contact you. This is true whether the debt is yours or your spouse's or child's.

What an unsecured creditor can do:

• Stop doing business with you.
• Put the debt on your credit report. 
• Sue you in court.       

What a creditor cannot do:

• Threaten to do anything illegal.
• Use obscene language.
• Put you  in jail.
• Try to get information from you without telling you who they are.

Bankruptcy Basics
 
 Bankruptcy can be an important option for you if you are facing overwhelming debt.  Bankruptcy can do away with many debts and allow for a fresh start.  It can stop a foreclosure on a home, restore utility service, or stop a garnishment.  

Bankruptcy cannot cure every financial problem. A secured loan is a loan secured by property. Generally, you cannot keep the house or car without making payments on the debt.  However, you may be able to reduce and stretch out payments. Some debts cannot be discharged - child support, alimony, student loans, criminal fines, and some taxes often can't be removed by bankruptcy.

What if the abuser files bankruptcy?  Seek legal advice and file a response in the bankruptcy court to notify the court of any joint interests.

Credit Reports

Credit history can be important to establish a new life.  One problem may be the lack of credit.  Abusers often control all the money decisions, including credit information.  Another problem may be shared credit with an abuser with bad or damaged credit

In Georgia any person is entitled to a free copy of their credit report once a year. Contact one of these credit reporting companies:

Equifax, P.O. Box 74021, Atlanta, GA 30374 (1-800-685-1111); www.equifax.com

Experian, Box 2002, Allen, TX 75013-2104 (1-888-397-3742); www.experian.com

TransUnion, P.O. Box 1000, Chester, PA (1-800-888-4213); www.transunion.com 

Beware of Credit Repair Agencies! You can do many things for free.
Credit repair companies cannot do anything more than you can do and can make credit matters worse.

Student Loans

You may try to return to school to learn new skills for a fresh start.  Problems from unpaid student loans can surface.  Some borrowers can eliminate student loans or arrange for a payment plan allowing them to finance new schooling.

You can sometimes have your student loans eliminated:
• where a school closes or falsely certified eligibility;
•  if you left school and the school failed to pay a refund that was due;
•  if you can document permanent and total disability; or
• if the repayment will impose an undue hardship on your or your dependents (this is a bankruptcy discharge).

Borrowers may also be able to make repayment or deferment plans to delay making payments on student loans.  The Department of Education has a helpful web site: www.ed.gov.
  
Divorce Orders and Agreements

 Often, a divorce order tells the abuser to pay the debts of the marriage, including the house, the car, household bills, or credit card debts.  Quite reasonably, the survivor may think that she is no longer responsible for those debts. This is not true.  The divorce order alone cannot relieve the survivor of responsibility for the debt. The creditor can still hold both husband and wife responsible for a loan they both agreed to pay.  The survivor can  file contempt action in court to force the abuser to repay her for debts she paid on his behalf, but the divorce order alone may not change the obligation to the creditor. Talk with your lawyer about marital debts.

Taxes

Paying Taxes: Consider filing an individual return. Married couples can file a joint or separate tax return.  With a joint return both spouses can be held liable for taxes due on a return, even if the survivor did not cause the tax liability. If you owe additional tax because of your spouse's share of the return, ask IRS about  Innocent Spouse Relief and IRS Form 8857.

Dependent Deductions: If you have children you may be able to claim tax credits to reduce your taxes or to get a refund.  You are entitled to claim your children on your taxes if you are the custodial parent unless the other parent pays more than 50% of the child's expenses. 

Earned Income Tax Credit (EITC): Check to see if you qualify for reduced taxes or a refund because of the amount of money you make.

Tax Information: www.irs.gov ; IRS Help Line at 1-800-829-1040; Refund Hotline at 1-800-829-1954.

This web page gives you general information only. Please see a lawyer to discuss your individual case.

Call your local Georgia Legal Services Program or Atlanta Legal Aid Society office for help. If they cannot take your case, they may be able to refer you to a private attorney for help.

For Clayton, Cobb, Dekalb, Fulton, and Gwinnett Counties, call Atlanta Legal Aid Society: (404) 524-5811

For all other counties, call Georgia Legal Services Program:  1-800-498-9469  or, for the Hearing Impaired, call: TDD 1-800-255-0056

If you are age 60 or older, call the Georgia Senior Legal Hotline: 404-657-9915 or 1-888-257-9519

Vicky Kimbrell and
Karen Geiger
Georgia Legal Services Program
104 Marietta, Suite 250
Atlanta, Georgia 30303
(404) 206-5175
(800) 498-9469

Last Revised: December 2004