Case of the Week: 12/20/04

County: Jackson
Age: 72

Our client is a 72-year-old lady who purchased a vehicle that was recently repossessed. She simply could not keep up with the payments. She was not disputing the debt; however, given her limited income, she was concerned about her rights. Our client rents an apartment and her income is derived from Social Security and a federal pension. When she contacted us, the bank had threatened to take legal action to collect on the debt. I explained that she is probably judgment proof and there are a number of exemptions under state law that she can use to preserve her personal belongings. I also explained that the exemptions are not automatic and she will have to take certain steps to claim the exemptions. I informed her that the clerk of the court will provide her with an Exemption Form upon request. She will need to file the original with the court and provide copies for her creditors.

Case of the Week: 12/13/04

County: Jefferson
Age: 65

This 65-year-old lady contacted us after she learned from her bank that her CD had a hold on it. Apparently, her son was delinquent on child support payments and the state was trying to find any source of money to attach. When I spoke with her, she said that her son was listed as a secondary person on the title; however, she was sure that when she put her son's name on the CD it was POD. After some investigation, we learned that the bank had made an error. Our client has indeed structured the CD to be POD to her son; however, the bank worded the title wrong. After reviewing some documents my client forwarded to me, it appeared as though the bank needed to amend its answer to the attachment. My client immediately contacted her bank and now informs me that the issue has been resolved and the bank has corrected the title. Her CD is safe.

Olmstead's plaintiff dies

The "E.W." of the landmark disability civil rights case L.C. & E.W. v. Olmstead died Sunday, December 5 at age 53. Elaine Beverly Wilson fought for her independence through periods of homelessness and 36 mental institution stays. Advocates for her at Atlanta Legal Aid Society say that her life took an amazingly positive turn after she received support and independence in the Olmstead settlement.

The Olmstead decision challenges federal, state, and local governments to develop more opportunities for individuals with disabilities through accessible systems of cost-effective community-based services. The Olmstead decision interpreted Title II of the Americans with Disabilities Act (ADA) and its implementing regulation, requiring states to administer their services, programs, and activities "in the most integrated setting appropriate to the needs of qualified individuals with disabilities." The ADA and the Olmstead decision apply to all qualified individuals with disabilities regardless of age.