[escalade1963nov]

My 74 year old mother who lives in GA alone in her own apartment which is Subsidized and has limited income. Prior to my step fathers death she had a credit card which she paid on time. After his death, due to a very long illness with cancer there was nothing left. Unfortunately she defaulted on the credit card. They have served her papers, which iI responded to at the court house and the Credit Card Attorney. Basically she has NOTHING. I mean nothing folks. She gets a small retirement check and it takes it all for her to survive. She did not plan to fail, she failed to plan. And long illness's can drain your pocket which is what happened with my mother. What can the attorney do to her. We are hoping the judge sides with her and tells them, she can't pay so quit wasting your time... Is this possible?

Thanks for any quick answers, we got to see the judge this week!

Well, After spending hours on the Government web sites I found information that was very helpful. First of all, if your Social Security check is all that goes into your account, then it can not be seized or garnished. There are only 5 legal reasons a Social Security Check can be garnished or bank account levied in this case and that is for Taxes, and other type government benefits you might receive that were not due to you. So, I was advised to send a certified letter to the bank telling them that this accounts deposits came from Social Security and that a creditor may try to freeze it. And under Federal Law SS Checks can not be frozen. You have put them on alert and hopefully they will look out for you, either way it can b reversed. Then I was told to send a letter to the Creditor telling them to basically the same thing. And that if they made any attempt to seize her checking account they could held liable. And then send a copy of that letter to the Federal Trade Commission. No guarantee they won't freeze the account, but there is a guarantee it will be unfroze unless they want to break federal laws! Also found out that they can put a lien on anything else like a car or something (?) not household belongings!
Thanks for your help

[Fr_Chuck]

No the judge will not say that, unless you can prove she was not mentally in control of her self at the time of the charges, or if you can prove she does not owe the debt or the debt is too old to collect,

The judge will award them a judgement, it is not the judges authority or right to tell them they can not have a judgement, but the law does restrict what they can garnish and what they can attach.

Is this a private retirement or social security

[escalade1963nov]

no the judge will not say that, unless you can prove she was not mentally in control of her self at the time of the charges, or if you can prove she does not owe the debt or the debt is too old to collect,

The judge will award them a judgement, it is not the judges authority or right to tell them they can not have a judgement, but the law does restrict what they can garnish and what they can attach.

Is this a private retirement or social security

All she receives is Social Security income at around $11,000 a year. She honestly has no way of paying the debt. She has serious health problems and takes about 13 medications a month. She doesn't even own a car. If she can't get the judge to dismiss it somehow, what is the minimum she can pay per month. Can't be much, she doesn't have much...
Thanks

p.s in or about the time this all happened she was admitted to mental institution for nervous breakdown. About a month...