Dunaway Law June 2019
June 2019
DUNAWAY DIGEST
One Perimeter Park South, Suite 100 North, Birmingham, AL 35243 • 205.705.3590 • MatthewDunaway.com
Take a Step Back Relearn What’s Normal
I’ve been thinking a lot about the worst part of our culture. More specifically, I’ve been thinking about how to separate myself and my clients from the worst part. While there are certainly a lot of great things about society and our culture here in America, in my 48 years on this Earth, I’ve seen that one of the worst things we do is also something everyone seems to accept as normal: incur debt. As a lawyer, I know there are circumstances in which someone finds themselves in terrible debt even though they literally did nothing wrong. Some things went out of their control and sent their life spinning. However, most of the massive consumer debt we’re burdened with is the direct result of our society encouraging a “consume now, buy later” mentality. As I’ve discussed in the past, our economy is sustained by people going into debt. At this point, the “buy now, pay later” approach is expected of everyone. If you don’t have five credit cards, a car payment, and student loan bills, people look at you like you’ve done something wrong. “What about your credit score?” they ask. Keep in mind that I’m not criticizing anyone for how they spend their money. If you can afford a new car, by all means, get that new car. I am also not suggesting all debt is bad. Business debt is necessary because it can allow you to make more money in the long run. I’m saying that consumer debt — going into debt you can’t afford to pay off just to own something you don’t need — isn’t a good thing individually or for our society as a whole.
Personally, I think the answer is to find time during the day to unplug. We may need screens while at work, but we should make time to step away from the constant distractions from external forces and focus on our own interests. I enjoy reading. There’s nothing more satisfying than having a real book in my hands. Other people may enjoy gardening or sewing or playing board games with the kids — any activity where someone cannot sell you something or garner your attention. Embrace the real world around you. Working on hobbies instead of scrolling down social media every night won’t magically transform our economy from encouraging excessive consumer debt, but it may start to free us from the vicious cycle and learn what’s really “normal” again. “I’m not suggesting becoming a monk and smashing your cell phone.”
Things have gotten even worse over the last 10 years as technology changed the way businesses could reach consumers through advertising. Once, ads were just on the radio and billboards. Now every article you read or family photo we look at online is surrounded by ads. It’s not enough for companies to just have our money; they want our constant attention, too. Thanks to that smartphone in your pocket, you’ve probably seen 400 ads before breakfast. I’m not suggesting becoming a monk and smashing your cellphone. My phone is very useful to me. It’s possible to escape the cycle of consumer debt while still being with your family as a member of your community.
–Matt Dunaway
1 Phone: 205.705.3590
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Enjoying the Journey
Roadside AttractionsWorth Visiting
The United States can be a weird place, and some landmarks definitely reflect that sentiment. Along almost every highway, bizarre landmarks draw road trippers of all ages. Sometimes tourist traps aren’t worth the price of admission, but when you’re taking your summer road trip this year and your family needs a place to stop and stretch, these are three roadside attractions worth checking out. The Lost Sea; Sweetwater, Tennessee The Lost Sea is the largest underground lake in the U.S. Lying 140 feet beneath the surface, it’s a fun escape from the summer heat, since it’s 58 degrees year-round. Kids and adults alike can learn about the history and geology of the area on a guided tour through forest above and lake below. And afterward, you can stop by the general store, ice cream parlor, or café. The Mystery Spot; Santa Cruz, California Advertising itself as a “gravitational anomaly,” this wacky spot in the middle of the redwood forest showcases a series of optical illusions such as balls rolling uphill and a cabin where visitors can lean toward the ground and appear to defy gravity. It might not be aliens, like some believe, but visitors of all ages will get a kick out of the illusions messing with their perception. Plus, the nearby hiking trails through the redwoods offer a free added experience. Dinosaur Land; White Post, Virginia It might not be Jurassic Park, but it’s still worth a look. Nestled in the greenery of Northern Virginia, this park has over 50 life-size statues of dinosaurs of all kinds. Tours are self-guided, parking is free, and children (or adults) with dinosaur obsessions are sure to smile and point out their favorites. It’s certainly something to “rawr” home about. Whether these spots are your destinations or you’re just passing through on your summer road trip, visiting these roadside attractions and others like them will add some fun to your travels.
“We are creditor’s rights attorneys and have had numerous cases where Matthew Dunaway represented defendants over the years. Matt is an expert in consumer law. Even though he is our adversary in court, we have nothing but great things to say about him as an attorney and as a person. Matt is a man of integrity and utmost professionalism. We are happy to call him a colleague and most importantly, a friend.”
–Jason Patrick and Bill Averett, Rausch Sturm
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What Everyone Should Know About Wage Garnishment
Wage garnishment is the biggest fear most people have when they find themselves in overwhelming debt, and for good reason. Losing a chunk of your income every payday can really hurt. Some people have even received calls from creditors who threaten to start garnishing their wages immediately if that person isn’t able to make a payment. But while garnishment is often used as a threat, it’s not so easy for a creditor to start garnishing your wages. Here are two things everyone needs to know about wage garnishment.
pleasant outcome, but it’s also not something that can happen overnight. Creditors have to sue you first before they can do anything more than call and annoy you.
There are very rare exceptions to these rules. If your debt is associated with student loans, child support, or the IRS, there are different rules you need to be aware of. However, in most cases, though wage garnishment is scary, it’s not the automatic end for your situation. There’s a lot of misinformation out there, and creditors benefit from people not knowing the rules of debt and wage garnishment. That’s why it’s important to get help from someone who is an expert in this area of law. If you’re worried your wages could be garnished, call
2. Bankruptcy can put a stop to wage garnishment.
If your debt is dischargeable, filing for bankruptcy can stop wage garnishment, even if that garnishment has already started.
1. Creditors can’t garnish your wages automatically.
205.705.3590 to talk to an experienced bankruptcy lawyer about your fears. Learn the truth about your situation and what you can do
Garnishment can only happen after you’ve been sued by a creditor for a collection matter and had a judgment placed against you by the court. At this point, the court will send an order to your employer’s payroll departments to withdraw a portion of your income — typically 25 percent — to pay your creditors. This isn’t a
to protect your paycheck.
RECIPE:
No. 1 Dad Hash Browns
INGREDIENTS:
• ● 1 stick (1/2 cup) unsalted butter, or 6 tbsp ghee • ● 3 russet potatoes (about 1/2 lb.), peeled • ● 1 tsp Kosher salt, plus more to taste
•
Freshly ground black pepper, to taste
•
● Pinch of cayenne pepper, plus more to taste
Psalm 103:13 “Like as a father pitieth his children, so the Lord pitieth them that fear him.”
DIRECTIONS:
1. In a small saucepan, heat butter over medium heat until foamy. Reduce heat if needed to avoid browning. Skim off white milk solids to make clarified butter (ghee). Transfer to a bowl and reserve. (This step won’t be needed if using ghee.) 2. Using the large holes on a box grater, grate potatoes. Transfer to a large bowl of cold water and stir until water becomes cloudy. Rinse potatoes under cold water, then squeeze out liquid using cheesecloth or a kitchen towel, removing as much moisture as possible. Season potatoes. 3. In a large nonstick skillet, heat ghee to medium-high. Add potatoes and cook until a crust forms underneath, about 5 minutes. Using a rubber spatula, break up potatoes and continue to cook, adding more ghee if potatoes begin to stick. 4. Cook until golden brown and crisp, about 8 minutes. Drain on paper towels; season with salt, pepper, and cayenne to taste. Serve.
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Inspired by Bon Appétit
Phone: 205.705.3590
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Inside This Issue
The Worst Part of Our Culture Page 1
Roadside Attractions with Fun for All Ages Our Partners Say It Best Page 2 Can MyWages Be Garnished? Hash Browns for the Best Dad Page 3
And Now for Something Completely Different Page 4
‘Anathem’ by Neal Stephenson A Page FromMatt’s Bookshelf
I don’t read much science fiction. When I want to read something just for fun, fantasy has been my genre of choice ever since I picked up “The Hobbit” in fourth grade. But this month, I’m throwing a curveball with “Anathem” by Neal Stephenson.
doors only open once every year, decade, century, or millennium. Some of the characters in this book have taken a vow to just study and not interact with the outside world for a thousand years. What I found really interesting about “Anathem” is the concept of taking a step back and focusing on something without distraction. The people in the concents are unaffected by the outside world so they can focus on their work. I’m not advocating we all become monks, but I certainly would love the opportunity to step back and read for as long as I wanted, uninterrupted. Of course, as “Anathem” shows, you can’t shut out the world forever. In the book, something huge happens on a global level that pulls the characters out of their concents and forces them to work together to save the world. I won’t dive too much into the plot, because it’s awesome to see the story unfold for yourself. In addition to the philosophical discussion, “Anathem” is very entertaining, thought-provoking, with quite a bit of action and some good characters. I really recommend it. It’s made me want to read more of Neal Stephenson’s work!
“Anathem” was referenced in another book I was reading recently, Cal Newport’s “Deep Work.” I tracked it down and really enjoyed reading it. Stephenson is a science fiction writer who really focuses on ideas in philosophy, which I like. It’s set on an Earth-like world called Arbre where there are these secular monasteries called concents. These concents are dedicated to a single practice, like math, science, or philosophy, where people can go in and just study. Concents are really more like universities, except the
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