Gillette Law - June/July 2021

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ILLETTE

GAZETTE

JUNE/JULY 2021

TIDYING UP

I recently read the book “The Life-Changing Magic of Tidying Up” by Marie Kondo. You may have heard the name Marie Kondo. Over the past few years, the Japanese author has become increasingly popular thanks, in part, to her books on organization and her Netflix show, “Tidying Up with Marie Kondo.” She developed a way to organize called “KonMari,” and it has helped many people reclaim their space, whether it’s a room within the home or the entire home itself. I bring this up because July 12 is National Simplicity Day. It’s a reminder that sometimes our lives and homes can become cluttered with stuff. The idea behind KonMari is that if you follow six rules, you can organize and simplify your home, your life will feel less cluttered, and you can better focus on what really matters to you and your family. The six rules are:

joy?” As you go through your belongings — but before you organize — you should hold the item in your hand and ask yourself if the item sparks joy. You want to pay attention to how your body responds. If you feel a “thrill,” as Marie Kondo describes it, then you should keep that item. However, if you feel nothing, it’s time to get rid of that item. I’m sure I have some shirts in my closet I haven’t worn in 15 years. Am I ever going to wear those shirts again? No. Do those shirts spark joy? Considering I haven’t touched them in over a decade, probably not. Of course, in cleaning out your closet and organizing your clothes, you have to commit to it. That is, for many of us — myself included — the hardest part of tidying up. As you start to get rid of things, it starts to become easier. Once you’ve gone through your clothes and gotten rid of what you don’t want or need, organizing what you have left isn’t such a monumental task. Plus, you end up with a little extra closet space! And then, with your clothes organized, you can move on to the next category. As I mentioned, Marie Kondo suggests starting with the easiest first — clothes. After clothes comes books, then papers (documents, files, etc.), followed by “komono.” Komono represents miscellaneous items in the home. It can be a larger category and includes everything from kitchen items to gadgets to cosmetics to jewelry. It can be knickknacks and collectibles. Basically, it’s anything that doesn’t fall into the previous categories. Finally, we arrive at the last category: sentimental items. Why is this last? For many people, going through sentimental items takes the most amount of time and effort. You get caught up looking at heirlooms, photographs, and other items that mean something to you. But you want to go through the same process. If a sentimental object no longer sparks joy, why keep it around? You may want to find it a new home. If you want to learn more about this method of organization, I recommend checking out the book “The Life-Changing Magic of Tidying Up.” You can also check out Marie Kondo’s Netflix show, “Tidying Up with Marie Kondo.” She also has a new show coming out this summer on Netflix called “Sparking Joy with Marie Kondo.” Now, all I have to do is follow Rule 1, and I’ll be on my way to putting into practice what I’ve learned over the last few months! –Brian Gillette

Rule 1: Commit Yourself to Tidying Up Rule 2: Imagine Your Ideal Lifestyle Rule 3: Finish Discarding First Rule 4: Tidy by Category, Not by Location Rule 5: Follow the Right Order Rule 6: Ask Yourself if It Sparks Joy

The KonMari Method of organization is different from how many of us clean and organize our homes. Marie Kondo encourages organization in one fell swoop. It’s not about cleaning the home in a single day, or even several, but focusing on a specific “category” and organizing each category from start to finish before moving on to the next. Categories include clothes, books, paperwork, miscellaneous items, and sentimental items. On top of that, the KonMari Method states that tidying up should happen in a specific order. That is to say, you start with the easiest things to organize and work your way to the hardest. According to Marie Kondo, clothes are the easiest to organize. Essentially, you first go through all of your clothes and determine what you want to get rid of (either donate, sell, or toss), and then organize the remainder. And as you organize, you make sure you put each piece of clothing in the place where it belongs. For example, all the socks are organized into the sock drawer, all the shirts and pants get a place in the dresser or closet. Jackets and coats get their place in the closet by the door — or wherever you determine each piece of clothing belongs.

Coming back to deciding what to keep and what to get rid of, this is where Marie Kondo’s famous quote comes into play: “Does this spark

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DIY OR BUY?

LAWN GAMES FOR FAMILY SUMMER FUN

Buy: Check out the kid-friendly rubber horseshoe set from Wayfair. com, which requires no installation, can be used indoors or alongside your outdoor game, and is safe for younger children. Cornhole: Advanced DIY The humble beanbag may be the most versatile backyard game piece. It’s used in the popular game commonly known as cornhole. To build your own cornhole set, you’ll need a couple of sheets of 1/2-inch-thick plywood along with two-by-fours, some hardware, and a variety of tools including a drill, jigsaw, and sander. Visit DIYPete.com/cornhole-board-plans to get both written and video instructions. Buy: Ready to play ASAP? Cornhole sets are available from many large retailers around summertime, or you can order a customized set featuring your favorite team, family name, or characters from your favorite movies by looking at Etsy.com. Whether you buy or DIY, remember to have fun and always supervise your children while playing outdoors, especially when it comes to yard games!

The warm summer sun may be enough to beckon your family outdoors, but lawn games will guarantee hours of fun outside. If you’re handy, there are plenty of great lawn games you can make yourself. If not, buy an off-the-shelf alternative and enjoy the easy setup. Giant Jenga: Easy DIY All you need to build a giant Jenga tower are two-by-fours that are cut to length. If you’re handy with a saw, you can do this at home. If not, ask to have the wood cut at your local lumberyard. Be sure to sand down the edges before stacking the boards to create a classic Jenga tower! For extra fun, pick a few paint colors and paint each board. Visit ABeautifulMess.com/make- this-giant-jenga to see a complete set of instructions.

Buy: Skip the project and buy GoSports Giant Wooden Toppling Tower online, which retails for about $70 and stacks over 5 feet high.

Classic Horseshoes: Intermediate DIY Tossing horseshoes is a great way to pass an afternoon. To play, you’ll just need to set up two sand pits in your yard. Get a handful of horseshoes, and you’re ready to go! Many DIY plans are available online, including one from HousefulOfHandmade.com/ultimate-diy-horseshoe-pit.

BANKRUPTCY AND SOCIAL SECURITY DISABILITY What You Need to Know

It has been a trying time. Due to medical problems, you can no longer work and bills are piling up. You are in the process of applying for Social Security Disability or may have finally been approved for it — but the bills never end. What do you do? Is bankruptcy your only option? If your only income is from Social Security Disability, you may not need to file for bankruptcy to get rid of debts you can no longer pay. The laws governing Social Security state that a creditor cannot touch your Social Security benefits involuntarily. This means if you do not make payments to a creditor, like a credit card company or a medical provider, there is little they can do about it. When you fail to make the payments on a loan, credit card, or medical bill, the creditor can file a lawsuit against you. If you have this type of lawsuit filed against you, you are not required to attend the hearing. At the hearing, the judge will normally grant the creditor a judgment. This is a legal term that means the judge has said you owe the creditor money. The question is this: What can the creditor do with that judgment? The next step for a creditor is to file for a garnishment. The creditor will attempt to collect money owed by having it deducted from a paycheck or bank account.

account, the bank cannot take that money to pay a garnishment. Social Security will not take any money to pay a garnishment like an employer is required to do.

The bottom line is that if your only income is Social Security Disability, the creditor cannot touch those funds. Those who only receive Social Security Disability can often ignore creditors and use their money to live on. But there are exceptions. If you have other income going into a bank account or you are working part time, for example, those funds can be seized by the creditor. If you own real estate, the creditor may be able to put a lien against your house. In these cases, you may need to file for bankruptcy to protect your other assets. It’s always good to speak with a bankruptcy attorney if you have questions or concerns in this area. For more information on whether you need to file bankruptcy, call us at 757-220-4529 to schedule a free initial consultation.

However, Social Security payments cannot be taken under a garnishment. If you receive Social Security by deposit in a bank

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PROTECTING YOURSELF WHEN SCAMMERS CALL Phone scams are as common as ever. Scammers just keep calling, hoping you will give them sensitive financial information. One of the most common scams is the IRS scam: The person on the line says they’re with the IRS and they claim you owe money. If you don’t pay, they warn that you will be arrested. Owing money and being arrested is a scary thought, but it’s a lie. Scammers rely on fear tactics to get their victims to pay up. Of course, this is just one example. Scammers use all kinds of lies to trick people, but the goal is the same every time: They want money. Sometimes they will demand a wire transfer or ask for an Apple iTunes gift card, a Google Play gift card, or another similar gift card. The Federal Trade Commission (FTC) reports that consumers lost over $3.3 billion to scammers in 2020. Unfortunately, that means the scammers’ tactics continue to work. If you are ever called by someone asking for or demanding money, you can take steps to protect yourself. 1. If someone calls claiming to be with the IRS, hang up immediately. Don’t waste your time. The IRS will never call you. Should the IRS legitimately need to contact you, they will send

you a certified letter through the mail.

2. If you get a call from someone claiming to be with a government

agency such as the Social Security Administration and they ask for your Social Security number or other sensitive information, hang up. 3. If, at any time, you are asked to send money via wire transfer or a gift card, the caller is a scammer. No legitimate government agency or a business will call you out of the blue asking for money. Scammers love gift cards because they are usually untraceable, and once they have the money, there is almost no way to get it back. 4. Lastly, stay rational over the phone. The scare tactics used by scammers can be effective, and scammers prey on this fact. Should the person on the phone use scare tactics on you (such as threats of an arrest or lawsuit), simply hang up.

DO YOU HAVE A LEGAL QUESTION?

ICED GREEN TEA, 2 WAYS

Nothing says summer like a glass of iced tea. Enjoy these two twists on a classic summer soother.

If we can’t answer your question, we would be happy to personally refer you to one of our trusted colleagues. We will even call them to give them a summary of your issue so they are aware and ready to take your call. But it all starts by reaching out to our office. If you have any questions or concerns, don’t hesitate to reach out at 757-220-4529.

Ingredients

• 2 tbsp loose-leaf green tea • 4 cups filtered water, divided Option 1: Rose and Coriander • 1 tbsp dried rose petals • 1 tbsp whole coriander seeds

Option 2: Ginger Mint • 1 handful fresh mint leaves • 1 inch fresh ginger, cut into coins

Directions

DAD JOKE

For Rose and Coriander Tea: 1. In a large pitcher, place green tea, rose petals, and coriander seeds. 2. Bring 1/2 cup water to just below boiling. 3. Pour hot water over tea leaves, petals, and seeds. Let steep for 10 seconds, then add the remaining 3 1/2 cups water. 4. Refrigerate 4–8 hours until tea reaches your desired strength. Strain and serve over ice. For Ginger Mint Tea: 5. Follow the instructions above, substituting the mint leaves and ginger coins for the rose petals and coriander seeds.

Q: Where do you learn to make a banana split? A: Sundae school

Inspired by 101Cookbooks.com

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INSIDE This Issue

Simplicity Has Its Virtue page 1 DIY or Buy: Summer Lawn Games page 2 The Relationship Between Bankruptcy and Social Security page 2

Protecting Yourself From Phone Scams page 3 Iced Green Tea, 2 Ways page 3

Superfoods Are Not So New ... page 4

KALE, SEAWEED, AND OTHER NOT-SO-NEW SUPERFOODS

There’s nothing so trendy as a new superfood or diet, and the “in vogue” ones change constantly. Older readers may remember the Atkins diets and other fads of the early 2000s, but younger ones may not even remember a time before the paleo diet was a thing — and it’s already almost a thing of the past. Many things we associate with these trends, though, are anything but new. We see this most clearly with the grains we turn to in the name of health. Westerners generally wouldn’t be familiar with quinoa, amaranth, teff, or kamut if it weren’t for their presence in the hippest healthy-eating Instagram feeds. Many of these foods hail from Africa or the Far East, so it’s understandable we don’t know them all — but there’s nothing really new about them. People in the Americas and the Old World have eaten quinoa for 3,000–5,000 years. Teff, which is technically a grass seed, was one of the first domesticated plants, emerging thousands of years ago in what is now Ethiopia. Alternate sources of protein and fiber show a similar trend. Seaweed — the perennial favorite of Twitter dieters everywhere — has been consumed in China, Korea, and Japan since before recorded history. If you know anything about recorded history in those regions, then you know that’s a long time! And kale, whose reputation precedes itself,

has been cultivated since at least 2,000 B.C. in Greece, Asia Minor, and other parts of the Mediterranean.

So, the next time you dig into your favorite health food, take a moment to Google what you are eating. You might be part of a long line of human beings who have turned to that food for sustenance over the millennia.

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