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sara356 · Jul 14, 2007, 02:10 PM

[F]
My mother is a disabled 49 year old lady. She has no job and her only means of money is a small SSI check. She also receives a small amount of food stamps. She has a court date in August over credit card debt. The debt owed is 4,100.00. She had promised to pay the company 25.00 a month on the debt as this was all she could afford. This was accepted by the company for some time however they are now suing for the full amount. She doesn't even have any extra money for a lawyer to help her much less enough to full out pay it off. All she owns is an old car and a 1978 mobile home that is falling apart. If she does not pay the amount in full on her court date will she go to jail? Also, will they take her car and home? If so is there any help out there for her?

RubyPitbull · Jul 14, 2007, 02:26 PM

I am sorry that your Mother is experiencing the problems she is. It is important that she brings all the proof (cancelled checks & bank statements) to show that the company was accepting $25 per month payments and suddenly changed their minds. If she has written proof from a government agency that recognizes her disability, that will help her too. I doubt very much a Judge would send her to jail over this. What usually happens is, the plaintiff will win a judgement against your Mother and they can then freeze her bank accounts and/or place liens against any properties your Mother owns.

As a person with a disability, there is some help out there for her. Since I don't know where your Mother lives and if there is State specific help out there for her, please click on the link I am providing. Get in contact with these people on Monday and find out what her options are:

NDRN -P&A/CAP System

I hope this helps. I wish your Mother good luck.

bushg · Jul 14, 2007, 02:38 PM

In Ohio they can not take SSI checks. I am pretty sure that this is for the rest of the statesas well. As for jail I would think they would have to prove that she purposefully tried to defraud them. For the moblile home and car they may get those but would it be worth their time. My guess is the judge will have them keep accepting the 25 that she has been paying. As ruby said make sure she takes proof of the payments that she made and they accepted. Btw what state are you in?

sara356 · Jul 14, 2007, 03:07 PM

I am in Tennessee. Thank you.

RubyPitbull · Jul 14, 2007, 03:11 PM

Sara, the web site link I provided allows you type in your state. In case you haven't looked at it, here is the link when Tennessee is typed in:

NDRN - Tennessee

Please contact them on Monday for further guidance on your Mother's situation.

By the way, the plaintiff cannot just take your mother's SSI checks if they win a judgement against her. But, they can use that judgement to freeze any bank accounts your mother may have.

RubyPitbull · Jul 14, 2007, 03:24 PM

Sara honey, here is another link that you can use to for additional information and help:

Legal Aid in Tennessee

sara356 · Jul 14, 2007, 03:49 PM

Thank you so much

ScottGem · Jul 14, 2007, 03:56 PM

First, debtor's prison ceased to exist by the end of the 19th century. So no matter what your mom will not go to jail. No one is jailed over debts they can't pay.

As noted SSI is not attachable. All your mom has to do is show up in court with her tax statements, disability award statement, etc. As long as she can prove her only income is SSI and she has no other assets, while they may win a judgement, there is nothing for them to attach.

Fr_Chuck · Jul 14, 2007, 05:17 PM

Unless there was fraud on her part, using the card with full knowledge that she could not pay. If there was fraud, then they could press criminal charges, but this is a civil case and they can only get a judgement at this point and time

mr.yet · Jul 14, 2007, 06:08 PM

Originally Posted by sara356

[F]
My mother is a disabled 49 year old lady. She has no job and her only means of money is a small SSI check. She also receives a small amount of food stamps. She has a court date in August over credit card debt. The debt owed is 4,100.00. She had promised to pay the company 25.00 a month on the debt as this was all she could afford. This was accepted by the company for some time however they are now suing for the full amount. She doesn't even have any extra money for a lawyer to help her much less enough to full out pay it off. All she owns is an old car and a 1978 mobile home that is falling apart. If she does not pay the amount in full on her court date will she go to jail? Also, will they take her car and home? If so is there any help out there for her?

SSI check and payment into her account are exempt from levy and garnishment, even if they get a judgment they cannot take her money. Read this post ,and make sure she informs the court of it.

Post:
https://www.askmehelpdesk.com/other-...evy-86065.html