When Kaitlynd Brasher sat last month in her Volkswagen outside of the Wichita bakery where she works, trying to appeal a court decision she says didn’t leave her enough money to live on, she suddenly found herself facing an empty phone screen.
It was her worst fear.
Brasher, 23, attended the Zoom hearing on her 9:30 a.m. lunch break to appeal a 25% wage garnishment that had been filed against her income, only to have the plea rejected by a judge. When the hearing suddenly ended, she was left alone in her car surrounded by weeks’ worth of papers about her case.
“I immediately got kicked out, called them (the debt collector), spoke with someone on the phone. I was in tears,” Brasher said. “I told them, I was like ‘This leaves me with nothing. This leaves me homeless. Penniless. Starving. I can’t survive this way.’”
Brasher had recently been sued by Emporia State for nearly $10,000 in tuition, costs, and fees after her battle with mental health issues led her to attempt suicide and eventually drop out of the university in 2018. Since she left after the official date to withdraw, she accumulated “unearned financial aid” from a Perkins loan, according to the case petition filed in Lyon County District Court.
A Perkins Loan is a discontinued, low interest loan that the federal government pays the interest on and is given to people with significant financial needs, according to the Consumer Financial Protection Bureau. Perkins loans ended in 2017 and final disbursements were made in 2018. Brasher was last enrolled at ESU the spring semester of 2018.
Since only the interest is paid for federally, it does not fall under COVID-19 loan forgiveness plans.
The distinction of the federal nature of the loan is only one aspect of the case that was confusing to Brasher. She underestimated the amount she owed by hundreds of dollars, perhaps not considering court costs and other fees. The $9,961 the university sought to recover when it filed the case last May, through its debt collector, included 15% for the collection agency, court costs and other fees. That debt is likely to increase because the collection agency is allowed to collect “post judgment interest at the highest legal rate,” according to court documents.
Brasher isn’t the only student ESU has handed over to collection agencies. In 2021, 205 accounts of former students were sent to debt collectors and 250 were handed over the year before, according to Pamela Norton, controller of the business office. While more than 200 accounts are given to debt collectors each year, only a handful are brought to court.
In addition to Brasher, in 2022 ESU already has another civil lawsuit successfully brought against Iesha Cole, who never even applied to the university, according to the answer of garnishee.
The university’s debt collector, Bessine Walterbach, LLP, declined to be interviewed. ESU’s general counsel, Kevin Johnson, said he could not offer comment because he wasn’t involved in the case.
‘Intentionally Malicious’
Brasher said she had little success negotiating with Bessine Walterbach LLP, a Kansas City, Missouri, law firm specializing in debt collection. She said she missed a payment because she couldn’t “make ends meet.” While juggling life’s costs — rent, food, her child — she was informed by her bosses at Cheri’s Bakery, on North Tyler Road in Wichita, that 25% of her wages after tax were to be garnished until the debt was paid, as ordered by a Lyon County District Court judge.
A wage garnishment is a court approved way for debt collectors to directly take funds out of a debtor’s paycheck, according to Kansas Legal Services.
While Brasher dropped out four years ago, she had been dealing with “mental breakthroughs” and battling drug abuse. She also had a daughter. It kept her too preoccupied to tie up loose ends with ESU, she said.
“It seems intentionally malicious the way that they just so happened to not contact me for four months until it was available to be taken to court and collect on me,” Brasher said. “To where I can’t even stop it, I have no say in it.”
Because of the small amount the wage garnishment left her to live on, she tried to negotiate a modification in court. She said she felt bullied into the settlement by Bessine Walterbach on behalf of ESU, Brasher said.
“I feel like they really didn’t do anything in their power to make it easy for me,” Brasher said. “I know debtors’ responsibility implies that if I were to miss a payment, that I would take it upon myself to make a call, and I had, but they have a system where if you’re not reaching a representative in the first five minutes and you’re on hold then it hangs up on you.”
Last Friday, The Bulletin called Bessine Walterbach. A prerecorded message advised callers to call back during their office hours or to leave a message, but there was never an opportunity to record a voicemail. On Monday, The Bulletin tried again, and the call was transferred to an individual who refused to give their name and promptly hung up.
Nowhere to turn
On top of feeling bullied by the collection agency, Brasher felt like she had no time to find legal representation. After being informed she had 14 days to appeal the garnishment, but not when those days started, she chose to represent herself.
“I didn’t really have time to gather legal representation, because I was worried that I had missed the deadline, because there was no official date for me to go off of for when my two weeks began or ended,” Brasher said. “So I was just kind of shooting blanks, hoping for the best.”
Brasher said she was the first person on her father’s side of the family to graduate high school and had accumulated zero debt before attending ESU.
In an attempt to find a way out of her current situation, Brasher called a lawyer and was told even declaring bankruptcy would offer no relief.
“I have a credit card right now and I’m working towards building my credit,” Brasher said. “I don’t owe any loan sharks large sums of money, it was just this five month hell, essentially speaking.”
Although Brasher only attended ESU a few months, she thinks the cost will take her about two years to pay off. One of the reasons her university experience didn’t go as she hoped was the residential halls.
“I will say that your dormitories are hell for an autistic person,” Brasher said. “The things have not been renovated since like 1970 and they’re just the worst.”
Brasher said she has not been formally diagnosed with autism. While living in Towers Complex, the communal setup was extremely overstimulating and even details like the cinder block walls were difficult for her to adjust to.
Before attending ESU, Brasher had planned on going to a Denver art school until she discovered she wouldn’t receive a FAFSA scholarship, a form of federal student aid that does not need to be repaid. FAFSA estimates financial need based on guardian income. Brasher’s mother made enough money to disqualify her from aid, regardless of Brasher’s personal need.
She then decided to attend ESU, originally pursuing dentistry then changing her mind to psychology and sociology, although she believes she was only studying toward a general associates.
“I wish it had gone differently, my time there,” Brasher said. “And I completely understand why it went wrong and I know and respect that I owe the money, but it’s very frustrating, knowing that I could have saved myself really a lot of pain at this point had I just not gone.”
Life goes on
Brasher lives in Wichita with her 3-year-old daughter and partner Cody Hromek. Because Brasher is the sole legal guardian of her child, she said, if it weren’t for her partner, she would be in constant fear of her daughter being taken from her.
“It puts me in a position where I am solely reliant on someone else and if not for that person I would be homeless,” Brasher said. “My daughter could get taken away by the state because I couldn’t provide for her, like I know that I have a well enough support system that those things wouldn’t happen but it just hurts being told that so bluntly, not really caring whether or not, you know, just no regard for people.”
The garnishment leaves her with less than $100 at the end of the week to pay for gas, she said, food and any other day to day expenses.
“Nine grand matters when you’re poor,” Brasher said. “I make, what, 22 (or) 23 grand a year after tax? You know, I have a kid. I have daycare. I have rent. It’s very, very expensive to live. Nine grand hurts.”
—
Editor’s Note:
This story contains information about mental health and financial problems. If you or someone you know is struggling right now, here are some resources you can reach out to:
Mental Health Resources
Emporia State Student Wellness Center:
– www.emporia.edu/student-life/health-wellness/
– (620) 341-5222
Crosswinds:
– (620) 343-2211
Financial Resources
Consumer Financial Protection Bureau
– (855) 411-2372
Federal Student Aid
Emporia State Financial Aid
