Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
I had to put my mother in a nursing home recently, she has a large amount of credit card dept, medicade has taken over her income and given her a monthly allowance of $50 each month, what do we do with her credit card debt can we be held responsible for it. what should our next step be. Response: There is nothing for you to do about the credit card debt if she does not have any asset to pay the debt. You cannot be held personally liable for the debt. If Medicaid has taken over her income, there is nothing the credit card company can do to her.
You should just ignore the bills or if you have Power of Attorney for her, you can send a cease and desist letter to credit card company to stop contacting her regarding the debt because she does not have any money to pay. Pursuant to Fair Debt Collection Practices Act, once you send the letter, the credit card company must stop contacting her, but may then file a lawsuit against her. However, the lawsuit would not do them any good since Medicaid has taken over her income. That is, she is Judgment proof. Even if they obtain Judgment against her, they cannot enforce the Judgment against her because she does not have any assets to satisfy the debt.