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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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My mother is also 82 years old and her only income is her social

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My mother is also 82 years old and her only income is her social security monthly check. She doesn't own a home or vehicles and is in credit card debt of approx. $30,000. What can she do?

Hello,


Thank you for your question. I am happy to assist you.


She can consider doing nothing as she appears to be judgment proof.


Federal law exempts Social Security benefits from creditors with the exception of taxes, student loans and support.

 

That means that most creditors cannot garnish your mother's social security benefits.


You can read the federal law in full at:
http://www4.law.cornell.edu/uscode/uscode42/usc_sec_42_00000407----000-.html

Thus, if your mother stops paying the credit card debt, there appears to be no assets for creditors to attach.

I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER


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