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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33796
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My mother is 90 years old and she is going into a assistance

Customer Question

Hi my mother is 90 years old and she is going into a assistance living facility, she brought a new car 3 years ago and has a high balance on the car. She will not be able to continue paying the car. How liable will she be if they reposes the car. Her income will go towards paying her housing. She has just enough money save for her burial expenses. Thanks you I hope you could help me.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: We live in florida
JA: Has anything been filed or reported?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 24 days ago.
Category: Legal
Expert:  Barrister replied 24 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Is here source of income Social Security or a pension?

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thanks

Barrister

Customer: replied 24 days ago.
Both
Expert:  Barrister replied 24 days ago.

Ok, they are entirely exempt from garnishment by creditors under federal law. So if she doesn't have other assets that they could go after, if she defaults on the loan, then she is essentially judgment proof, meaning they can sue and get a judgment, but they can't realistically collect on it.

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So they can call and threaten her with suing, but they won't really do it because they will have to pay an attorney a few thousand to represent them and they will never get that money back ..

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thanks

Barrister