My mother is 70 years old and was Diagnosed with Alzheimer's over 5 years ago. She has some old credit card debt (approx $6k) that the creditor (Chase Bank) has served papers to us for a court appearance. She has no assets and only her social security check each month. Can her social security be garnished? Should we go to court and should I hire an attorney?
Country relating to Question: United States
State (if USA): Illinois
Setting up a consultation with an attorney.
Welcome! Thank you for your question.
First, you should never just sit back and let a judgment be rendered against your mother or you. Also, unless your mother can appear on her own behalf, you will need to hire a lawyer to appear as it is unlikely that a judge will let you appear on "behalf" of your mother. Even if you are her guardian or Power of Attorney. This is because if you appear on her behalf you are representing her to the court and that is practicing law without a license.
However, please know that her social security check cannot be garnished to pay the past due debt. If that money is deposited into a bank account then they can take the money after it has been deposited into the bank account. However, they cannot get the money from social security directly from social security.
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Do you have someone you would recommend in my local area (Carol Stream, IL)? Her court date is this Thursday so my time is pressed.
We are unfortunately prevented from recommending specific attorneys. However, here is a link to a list of Litigation attorneys in the area. I would suggest the highest peer review rated attorneys first: http://www.lawyers.com/All-Areas-of-Law/Illinois/Carol-Stream/attorneys-and-law-firms.html?s=litigation&ns=y&st=q&form=LHOM
Over 15 years legal experience.
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