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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 53954
Experience:  Attorney with 29 years of experience.
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My mother is on a fixed income and has a outstanding debt

Customer Question

My mother is on a fixed income and has a outstanding debt with chase of $10,000.
She has used her funds for assisted living room and board. She has medicare and a supplemental insurance. But all her income goes to room and board at the assisted living. I am her daughter and have been paying for the additional expense ($400) for room and board and her medicines which run around $300 a month. I have been trying to make a payment on her only bill Chase but received a letter yesterday that her room was going up by $125.00 which she does not have (no savings, no home). She makes 2700 and makes to much for Medicaid. What happens if mother does not pay her chase account. We have worked with Chase and they had stated that we work with CCCS and make payments of $260 a month. I don't have it and she sure does not have it. She is early state Alzimeir and I feel that I will have to move her again to a locked nursing home so that she will not wander. Help, what can chase do to my mother for non-payment of this debt. My dad died and she has no assets at all. Please help.
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

You can ignore Chase. You are not liable and they can take nothing from your mom. Her SS income and any retirement income are all exempt and beyond their reach; they can not be garnished before or after receipt. She can also get them to stop pestering her. Until they file suit and get a judgment, they can do nothing. BUT, even if they get a judgment, they still must collect it. And, since she has nothing but exempt assets and income, they simply will have an uncollectible judgment. Whether or not they will even pursue this depends upon their assessment of the collectibility of a judgment. So, if they actually do send notice they are going to file a civil suit, if you can convince them there is nothing for them to get, and that if they were to pursue a judgment, your mom would simply file for bankruptcy protection and get the judgment discharged—and even if she has no intention of doing so, it is still good leverage with them because they do not know whether or not she would… then it is unlikely they will spend the time and money necessary to get a judgment they believe is uncollectible in the end.

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