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    coretex's Avatar
    coretex Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 8, 2007, 05:31 PM
    Credit Card Debt
    My Mother is 85 and in poor health. She has about $30,000.00 in credit card debt. Due to increased medical bills, perscriptions and her mobil home rent increase she is not able to pay these bills. She has no assets, and her only income is her SS monthly check. Several credit card companies have turned her over to collections and they are sending threating letters. What should we do?
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #2

    Feb 8, 2007, 05:51 PM
    Send them a letter to cease all contact with her as required by the Federal Debt Collection Act.

    FYI

    Social Security benefits exempt from levy, garnishment

    --------------------------------------------------------------------------------

    For your information about Social Security Benfits


    Safe from Garnishment



    Federal law makes Social Security benefits exempt from levy, garnishment, and assignment- 42 USC 407(a) states. "In general the right of any future payments under this sub chapter SHALL NOT be Transferable or assignable. AND NONE of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levey, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law".

    This means that even if a creditor or debt attorney, collection agency has a judgement against you they CAN NOT garnish your SS payments nor can they take the money from you after it has been paid to you; for example, the portion of your bank account that is attributable to your SS benefits is EXEMPT from LEVY OR ATTACHMENT.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
    Expert
     
    #3

    Feb 8, 2007, 05:51 PM
    I would talk to a bankruptcy attorney, first visit is free, but if she gets rid of her bank accounts, and owns nothing, there is nothing they can do to collect.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #4

    Feb 9, 2007, 08:19 AM
    Hello coretex:

    mr. yet is right. STOP paying anything to anybody. Send those letters to each collector AND creditor. At that point, the only alternative they have is to sue.

    As mr. yet pointed out, her SS is safe, and if she has no assets, there's nothing for them to get. They're going to know that going in. They won't sue, and she'll be done with them forever.

    excon
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #5

    Feb 9, 2007, 08:42 AM
    Here is another topic to discuss. Is your mom still of sound mind? When my dad reached 87 I found her was spending $3000 a month on strange telemarketing purchases. He also bought into a years supply of vitamins but the company had his credit card number. They sent him a years supply every 3 months. I was able to return or stop these purchases because he was not declared incompotent and I had no legal standing to represent him. I reported his card lost the next day and that stopped further purchases. Fr_Chuck recommends considering bankruptcy and that can hurt an 85 yearold.

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