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Kari Fiotti moved back to Omaha, Neb., in 2009 after a decade living in Italy. She had divorced her husband and returned to the U.S. to start a new life.

Then, Fiotti, 44, took a pricey fall.

"When I came back, I fell and I broke my wrist without insurance," she says.

Her doctor, she says, rejected her offer to make partial payments. So, like millions of Americans, her debt — which had grown to $1,640 with interest and fees — was turned over to collectors.

Fiotti soon learned how hard they would try to collect her unpaid bills.

Court records show that the collectors sued Fiotti, but that she didn't show up in court for the hearing about her case.

In May of last year, Fiotti suddenly realized, "My bank account's at zero and I'm like, whoa, what's going on?"

Debt collectors had seized her bank account because she didn't have enough to cover the debt. Fiotti says she was stunned. "You're taking everything that I have," she says. "You're not just taking a portion of it, you're taking my livelihood."

Fiotti says she was doing clerical work making about $10 an hour. She had a kid in college and no savings. She says she had to overdraw her checking account just to take out $50 to buy groceries. In the end, a friend put Fiotti in touch with a lawyer, and she now has the debt behind her.

This story was co-published by NPR and ProPublica, an investigative journalism organization.

For more on this story:

Read the ADP report on wage garnishment. The nation's largest payroll services provider released its report after studying 2013 payroll records for 13 million employees, at the request of ProPublica.

From NPR: Millions Of Americans' Wages Seized Over Credit Card And Medical Debt

From ProPublica: Unseen Toll, Wages Of Millions Seized To Pay Past Debts

From ProPublica: Old Debts, Fresh Pain: Weak Laws Offer Debtors Little Protection

If you have firsthand experience being sued over a debt, NPR and ProPublica would love to hear from you. Use this form to send a tip confidentially. A reporter may follow up with you.

This week, NPR and ProPublica are reporting on a striking change in the way debt collectors pursue people in this country. On the heels of the worst recession in generations, 1 in 10 working Americans between the ages of 35 and 44 is getting his or her wages garnished. That means their pay is being docked — often over an old credit card debt, medical bill or student loan.

But just how much money can collectors legally seize from people's wages and bank accounts? The answer is more than you might think.

In about half the states in the country, collectors can seize 25 percent of your paycheck. In all but a handful of states, they can take everything in your bank account.

An Explosion Of Wage Garnishment Cases

In recent years, debt collectors have been filing millions of lawsuits against working Americans that are resulting in wage garnishments. That's according to an analysis by the payroll services company ADP.

Those who fall into this system find their futures determined by laws that consumer advocates say are outdated, overly punitive and out of touch with the financial reality faced by many Americans.

Lawyers and judges involved in these cases say it's common for people who are sued by debt collectors to not show up in court to defend themselves. They say some people seem to just stick their heads in the sand, while others get overwhelmed or just confused by the court documents.

The debtor's absence makes it easier for collectors to garnish wages and seize bank accounts.

The Law's Silence On Bank Seizures

Federal law regulating debt collection is silent on perhaps the most punishing tactic of collectors: It doesn't limit or prohibit them from cleaning out debtors' bank accounts.

State laws, while often more comprehensive, vary significantly. Only a handful, for instance, automatically protect a minimum amount of funds in a debtor's account.

When garnishment protections do exist, the burden is usually on debtors to figure out if and how the laws protect their assets.

"In an awful lot of states, the information that the employee gets is going to be very, very confusing," says William Henning, a law professor at the University of Alabama and chairman of a committee drafting a model state law on wage garnishment.

Back in 1968, when lawmakers passed the landmark Consumer Credit Protection Act, it specifically limited how much of a debtor's pay could be seized. But it made no mention of bank account garnishments. As a result, a collector can't take more than 25 percent of a debtor's paycheck, but if that paycheck is deposited in a bank, all of the funds can be taken.

Carolyn Carter, director of advocacy at the National Consumer Law Center, says the lawmakers didn't address bank seizures because they simply weren't common at the time. In today's collection environment, she said, "the wages that are deposited in a bank account become suddenly much more vulnerable than anyone realized."

Since the late 1960s, debt collection has changed in other ways that lawmakers couldn't have anticipated. Today, buying old debt is an industry in itself. And big debt-buying firms hire teams of lawyers to crank out lawsuit after lawsuit seeking to collect. Carter says it's time for lawmakers at the state and local level to revisit and reform existing laws.

'I Honestly Dread Paydays'

Like any American family living paycheck to paycheck, Conrad Goetzinger and Cassandra Rose hope that if they make the right choices, their $13-an-hour jobs will keep the lights on and put food in the fridge and gas in the car.

But every two weeks, the Omaha, Neb., couple is reminded of a choice they didn't make and can't change: A chunk of both of their paychecks disappears before they see it, seized to pay off old debts.

Twice, debt collectors have scooped every penny out of Goetzinger's bank account and even attempted to take his personal property.

“ It makes you feel hopeless that you're working for no reason and that you're never going to be able to succeed.

- Cassandra Rose

For Goetzinger, 29, it's the consequence of a laptop loan he didn't pay off after high school; for Rose, 33, it's a reminder of more than $20,000 in medical bills racked up while uninsured. The garnishments, totaling about $760 each month, comprise the single largest expense in their budget.

"I honestly dread paydays," Goetzinger says, "because I know it's gone by Saturday afternoon, by the time we go grocery shopping."

On a recent evening after Rose got her 11- and 12-year-old daughters upstairs to bed, the couple explained that the children need dental work. They need some crowns on their teeth. "I don't want my daughter walking around with a big silver tooth," Goetzinger says. "When you have to choose between keeping the power on for the rest of the week and getting teeth done, unfortunately, teeth falls to a lower priority."

Rose puts it this way: "It makes you feel hopeless that you're working for no reason and that you're never going to be able to succeed."

William Reinbrecht, a Nebraska attorney who represents people who are getting their wages garnished, says often there are other debts waiting in line. So when one gets paid off, the next garnishment kicks in.

"It's a little like debtors prison," he says. "It makes a subclass of people that are crushed by all of this, and they can't, no matter how hard they work, improve their economic position."

Are Working-Class Americans Being Asked To Pay Too Much?

For most workers, the unexpected loss of a quarter of their wages would make life difficult. For low-income workers, it can be particularly devastating.

The Consumer Expenditure Survey, produced by the Bureau of Labor Statistics, reports that, for a worker with annual wages between $20,000 and $30,000, the average amount spent on basic costs such as housing, transportation, food and health care is about $26,000. The average income for that population is also about $26,000.

A recent survey by the Federal Reserve asked thousands of consumers whether they could afford an emergency expense of $400. Less than half of respondents said they could without borrowing money or selling something. Nearly 20 percent said they could think of no way they might cover such a cost.

So how did the federal lawmakers in 1968 set 25 percent as the allowable limit for garnishments? Like many laws, it was the result of closed-door compromise.

At the time, House Democrats argued that debtors could often afford to lose very little.

"For a poor man — and whoever heard of the wage of the affluent being attached? — to lose part of his salary often means his family will go without the essentials," argued Rep. Henry Gonzalez of Texas, in a speech on the House floor.

In the end, the House version of the consumer protection bill limited garnishment to 10 percent of income. But the Senate's version didn't limit garnishments at all. When a compromise bill finally emerged from a committee of lawmakers from both houses, the limit was 25 percent. Forty-six years later, that's still the law in more than half of states.

The 1968 law did seek to protect the poorest workers, but did so by setting a standard tied to the minimum wage. Time has eroded what even then was a modest protection. The federal minimum wage in 1968 was $1.60; adjusted for inflation, that's $10.95 in current dollars. With $7.25 the current minimum wage, federal law only protects workers from garnishment if they earn under about $11,310 annually. Even for a wage earner without any dependents, that wage is beneath the poverty line.

The Law Demands That You Pay Your Debts

Robert Foehl, a general counsel for ACA International — a trade association for debt collectors, says collectors play an important role in the economy. And sometimes, he says, "a creditor might have no other avenue for recovering their debt except through a legal process" such as wage garnishment.

In St. Louis, Mo., Associate Circuit Judge Chris McGraugh has presided over many collections cases. He says people will admit, for example, that they ran up a big debt on a credit card and didn't pay it. And the judge says he tells them "the law demands that you pay your debts!"

But at the same time, McGraugh says, he still sees some serious problems.

He says lawyers for debt collectors will sometimes ask for delays or continuance on cases if they see a debtor is taking time off from work to show up in court. They will do that several times over weeks or months until the person finally gives up and doesn't come to court anymore, allowing the debt collector to get a default judgment against the debtor.

McGraugh says he also finds payday loan cases unsettling because the court ends up enforcing a triple-digit interest rate that the person can never escape.

"You're talking about a person who takes out $200 and years later ends up with a $4,000 debt running at an interest of 200 percent." McGraugh says he finds those cases "egregious."

McGraugh says before he became a judge in 2012, he practiced all kinds of law, from car accident injury cases to death penalty defense. And he thought he knew the legal system pretty well.

"I had practiced law for 25 years. I had no idea something like that was occurring, and as such, I don't think most people know that that's occurring and this is allowed to happen," he says.

consumer debt

garnishment

Sen. Elizabeth Warren, a Democrat from Massachusetts, says newly released recordings of conversations between Federal Reserve officials show that the same kind of cozy relationships that led to the 2008 financial crisis still dominate Wall Street.

In an interview with Morning Edition, Warren says the recordings provide definite proof of that relationship.

"You really do, for a moment, get to be the fly on the wall that watches all of it, and there it is to be exposed to everyone: the cozy relationship, the fact that the Fed is more concerned about its relationship with a too-big-to-fail bank than it is with protecting the American public," Warren says.

Economy

Transcript: Sen. Warren's Full NPR Interview On Financial Regulation

Warren talked to Morning Edition days after ProPublica and This American Life ran stories about Carmen Segarra, a former bank examiner for the Federal Reserve in New York, who in 2012 surreptitiously recorded conversations by Fed officials considering regulatory decisions on Goldman Sachs.

The recordings don't reveal anything outright illegal. Instead, they reveal Fed officials discussing "legal but shady" transactions and then wringing their hands over how to delicately bring them up with the bank.

Warren, who before coming into office led an effort to create the U.S. Consumer Financial Protection Bureau, says that trepidation is another thing wrong with regulators today.

"A regulator doesn't say to a big financial institution: 'Hey! Step right up here. Get your toes on the line, and so long as you can make a legal argument that you have not crossed the line then, hey, we're — we're all cool here,' " she says. "That's not the way regulation of large financial institutions is supposed to work — they're supposed to be using judgment. And remember, part of this judgment is about whether or not there has been compliance with the law. The fact that Goldman could mount a legal defense here is not really the point of these tapes. The point of these tapes is that the regulators are backing off long before anyone's in court making a legal argument about whether or not they came right up to the line or they crossed over the line."

The bottom line, Warren says, is that the United States needs regulators "who understand that they work for the American people, not for the big banks."

Much more of Steve Inskeep's conversation with Warren is on today's Morning Edition. Click here for your local NPR member station.

Goldman Sachs

Elizabeth Warren

For five decades, the official U.S. policy on Cuba was one of silence. But the real U.S. relationship with Havana involved secret negotiations that started with President Kennedy in 1963, even after his embargo against the island nation, say the authors of the new book Back Channel to Cuba. In fact, nearly every U.S. administration for the past 50 years has engaged in some sort of dialogue with the Cuban government, they say.

Back Channel to Cuba

The Hidden History of Negotiations Between Washington and Havana

by William M. Leogrande and Peter Kornbluh

Hardcover, 592 pages | purchase

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Co-authors Peter Kornbluh of the National Security Archive and William LeoGrande of American University outline these relationships based on recently declassified, or otherwise obtained, documents dating back to the Kennedy administration.

The documents reveal a series of secret meetings that took place in hotels, airport lounges and restaurants from New York to Paris to Guadalajara and involved intermediaries like the chairman of Coca-Cola, who served as President Jimmy Carter's representative, to Carter himself.

Kornbluh and LeoGrande sat down with Morning Edition's Steve Inskeep ahead of the book's release to discuss their findings.

Interview Highlights

On why the talks were secret

Kornbluh: [Officials] were worried that either the Soviets would be spying on their telephone conversations or the U.S. NSA would be spying on their conversations, so they worked out a way to communicate with each other without anybody else knowing. ... This is a theme that runs through the entire history that we've recorded. Cuba issues are so sensitive that when high-level policymakers wanted to have a dialogue, they wanted to keep it secret from other parts of the bureaucracy that might object.

On Henry Kissinger's secret negotiations and contingency plan

Kornbluh: Henry Kissinger really was the secretary of state who secretly, I think, really pushed hard to create a window of opportunity for normalizing relations with Cuba. ... He told his emissaries that he was using the same kind of modus operandi to approach the Cubans that he had used with Chairman Lai in China. And, for a period of 18 months, there was a series of secret meetings, culminating in an actual negotiation session, a three-hour session in room 727 of the Pierre Hotel in New York.

Eventually, the political sensitivities about Cuba came back to haunt this effort. The Cubans had sent 36,000 troops into Angola, and for Kissinger that made things not only politically untenable, but for his strategic view of the world, he could not believe that this small country would disrupt the superpower kind of equilibrium as he was trying to play it. He was so angry; he actually ordered a set of contingency plans to attack Cuba if Cuba expanded its presence in Africa.

On the use of intermediaries and informal channels

LeoGrande: Peggy Dulany, David Rockefeller's daughter, carried a message from Fidel Castro to George Shultz during the Reagan administration, in which Fidel said he was willing to be constructive in trying to help settle the conflict in southern Africa. ... And we actually have a Cuban document in which Fidel is talking to the president of Angola and explaining why he used Peggy Dulany, as opposed to just going through normal diplomatic channels. And he says to the president of Angola, "You know, when you send a message through the [diplomats] it takes months before you hear anything back, and sometimes you never hear anything at all."

With fewer than five weeks until election day, the political landscape continues to be tilted against President Obama and his party. The battle for control of the Senate — the biggest prize this year — remains close and could tip either way.

Likely voters were asked, "Do you approve or disapprove of the job being done by Barack Obama as president?" and, "Do you approve or disapprove of the way (Named Incumbent) is handling his/her job as a member of the U.S. Senate?" NPR/Democracy Corps/Resurgent Republic poll hide caption

itoggle caption NPR/Democracy Corps/Resurgent Republic poll

Those are the findings of NPR's latest bipartisan poll of likely voters, conducted by Republican Whit Ayres of Resurgent Republic and Democrat Stan Greenberg of Democracy Corps.

The poll concentrated on the Senate battleground — the 12 states that will determine control of the Senate next year. It found an electorate where nobody likes anybody. The president, the Republicans and the Democrats were viewed with equal disgust — their favorability ratings all in the low 40s. This is a disgruntled group of voters, says Ayres, which this year happens to be good news for his party.

"The direction of the country is overwhelmingly perceived to be in the wrong direction. Barack Obama is exceedingly unpopular in the Senate battlegrounds," he says. "The generic party preference for a Senate candidate favors the Republicans by three points. So the playing field still tilts strongly to Republicans in these 12 battleground states."

Democrat Greenberg doesn't try to sugarcoat the outlook for his party. But he points out that although not that much has changed since we last polled the Senate battleground in June, the president is a little more popular today, mostly because the public supports his military action against ISIS.

Likely voters were asked, "What are the most important issues when deciding whom to vote for in the election for U.S. Senate?" NPR/Democracy Corps/Resurgent Republic poll hide caption

itoggle caption NPR/Democracy Corps/Resurgent Republic poll

"The mood is bleak, the president's not popular," Greenberg says, "but it's not entirely stable. That is, we're looking at a president that is slightly improved. ... The Democratic candidates, incumbents, are a net positive in their own personal favorability and their job approval. And so they're clearly withstanding the trend that we're talking about."

There's another phenomenon this year that shows up in the poll. In the battleground, Democrats and Republicans are equally energized, highly likely to vote, and they are not up for grabs. Big majorities of both parties say their minds are made up.

"But these elections are still within a point or two, and so despite this consolidation, the campaigns matter and can still impact both on preference and on turnout," Greenberg says.

Ayres says he agrees. "Democrats are locked in, the Republicans are locked in, and that's why it's so important the independents prefer a generic Republican by 53 percent to 37 percent — 16-point preference," he says.

Rebecca Janes from Arkansas describes herself as an independent and a home-schooler mom. She plans to vote for Republican Rep. Tom Cotton for Senate. She says she wants to send a message to Obama. "I will try to check and balance our current administration at every point I am able to with my vote," she says.

Janes says Obamacare is her most important issue, and across party lines Obamacare is still among the top three issues for voters this year. Jobs and the economy are No. 1, of course.

But the poll also shows that Democrats have been successful at driving an agenda aimed at their top targets — female voters. Democrats in our poll rank a candidate's position on women and women's issues just behind the economy.

Gwen Clements, a registered Democrat and out-of-work dental assistant from Kentucky, plans to vote for Alison Lundergan Grimes for Senate. Or rather, she plans to vote against the incumbent Republican Mitch McConnell.

"For one, I'm a woman," she says. "And he has voted against everything for women — the fair pay, the violence."

Republicans need to pick up six Senate seats to win control, and the NPR poll shows the 12 battleground Senate races continue to tilt to the right. But there's no sign yet that a big electoral tsunami is coming, the way it did to help Democrats in 2006 or Republicans in 2010.

"The definition of a wave is when one party wins many seats by one or two percentage points, where every close race goes their way," Ayres says. "The overall environment is very promising for Republicans now, but there's not yet evidence of a wave comparable to 2006 or 2010. But one could easily develop. It's like on a hot, muggy summer day, you know the environment is right for thunderstorms even if none are yet visible on radar, but you'd better keep an eye out for them."

Greenberg says in election after election, "we've watched ... Republicans expecting to win control at the Senate, and it's broken at the end for the Democrats, winning almost all the competitive Senate races. That could happen here too. Republican party is very unpopular, president's not very popular, I recognize. Both are at work, but it could tilt one way or the other."

And that's the suspense of this election. History and the number of red states voting tells us that the GOP should win the Senate. But Republicans have fallen short of expectations in the past two cycles. This year, things look very good for a Republican Senate takeover, but the battleground races are still too close to call to make that guarantee.

Note on Methodology: This survey was conducted from September 20-24, 2014 using a list of 2006 voters, 2010 voters, and new registrants. The survey is of 1,000 likely 2014 voters in the most competitive Senate races across the country, conducted by Greenberg Quinlan Rosner Research for Democracy Corps, Resurgent Republic, and NPR. Unless otherwise noted, the margin of error for the full sample is = +/- 3.10% at 95% confidence.

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