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MShore
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Category: Bankruptcy Law
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A family friend who is widowed, legally blind, 83 years of

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A family friend who is widowed, legally blind, 83 years of age with S.S. income only, owns a house has a serious problem with a credit card company. Seems her adult daughter got a hold of the card and charged 5,000.00 last year. The widow did not press charges and has been trying to pay off the balance in small payments. She recently received a letter and a phone call threatening legal action such as garnishing her bank account unless she paid the balance, or paid 2000.00 dollars right now and the balance would be forgiven. She cannot afford to pay 2,000.00 in a lump sum.
The daughter is a dead beat and her sons are not any better, no jobs.
What are a options?
Submitted: 3 years ago.
Category: Legal
Expert:  MShore replied 3 years ago.

DCrane :

Thank you for the post, in what state does your friend reside?

DCrane :

Thank you for the post, does your friend reside in Massachusetts?

Customer: replied 3 years ago.
massachusetts
Customer: replied 3 years ago.
yes she does
Expert:  MShore replied 3 years ago.
Thank you, XXXXX XXXXX SS income is exempt from creditor action and if she has a dedicated bank account for the receipt of SS income, that account cannot be garnished or levied by a private creditor. This does not mean they cannot sue her and obtain a judgment, the problem for them would be satisfying that judgment, from your description your friend has limited resources.
Customer: replied 3 years ago.
sounds resonable. I believe the only deposit/withdrawal is her S.S. she might be joint with her son who also recieves disability income.

Regarding judgement could they place a lien on the house? But that might not matteranyway till it's sold.

Thanks for the advice..
Expert:  MShore replied 3 years ago.
Hello, yes they can place a lien on the home, but you are correct that it is only relevant when she sells it or attempts to use it as collateral on a loan.
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
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