Mr. Wilkins wanted to help his friend. She needed a car, so he co-signed on the loan. The 67-year-old disabled veteran didn’t realize he’d agreed to pay the car note if his friend defaulted. A few months passed and they lost touch. Twelve years later, something happened with the car and Mr. Wilkins had to appear in court.
By the time he spoke to attorney Lori Fergie at Lone Star Legal Aid, Mr. had a judgment against him for more than $5,000. He told Ms. Fergie he’d appeared in JP court – but he couldn’t really explain what happened there. He thought the case was done and over with. So, when he started receiving letters from the court, he was confused. His friend suggested he find a lawyer.
Mr. Wilkins reached out to Lone Star Legal Aid. He lives in a mid-sized town in central Texas, not too far from LSLA’s Belton office. Ms. Fergie pieced the story together. The court had asked him to answer some questions. He didn’t reply. Now the case had escalated. Not only would Mr. Wilkins have to appear in court again, but he would have to pay attorney fees.
Mr. Wilkins didn’t have the money. Because he’s disabled, he receives a monthly check, but it’s just enough to live on. Ms. Fergie was concerned. What if the court decided to take his possessions? What if they tried to take the little money he receives each month? She called the debt collector’s attorneys and explained the situation. Mr. Wilkins is “judgment proof,” she said. This means his income is federally protected. Would they consider releasing the judgment? Fergie asked. Would they consider a hardship waiver in place of attorneys fees?
No, they would not.
Ms. Fergie went to work. First, she drafted an anti-garnishment letter for Mr. Wilkins to give to his bank. The bank needed to know: Mr. Wilkins’s only income was from Social Security Disability Insurance (SSDI.) SSDI is federally protected and cannot be garnished in a collection suit. Then Ms. Fergie attended the court hearing with Mr. Wilkins. She answered all the court’s questions. And she made her point again: Mr. Wilkins shouldn’t have to pay attorney fees.
This time, she said it in front of the judge. The judge declined to grant attorney fees, stating that it was not appropriate under the circumstances. Instead, the debt collector should accept a hardship waiver. While the court cannot order the debt collector to accept a hardship waiver, it was compelling to hear the judge tell the party that they should heavily consider it.”
Without Lone Star Legal Aid, Mr. Wilkins didn’t know how to answer the court’s questions properly. If not for attorney Lori Fergie, he probably would’ve been charged attorney fees. He probably wouldn’t have written the anti-garnishment letter to the bank. Who knows what might have happened if the court charged him attorney fees — and he didn’t pay them. He didn’t seem to understand the letters from the court. With the help of Lone Star Legal Aid, Mr. Wilkins will not be punished for misunderstanding the documents he signed twelve years ago.