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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2900
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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My mother is 89 years old, dimentia, requires 24/7 care. Her

Customer Question

My mother is 89 years old, dimentia, requires 24/7 care. Her only source of income is soc security. She is a widow with No assets. Before dimentia & 24/7 care occured she acquired over $9,ooo in visa credit card debt. She is the contractual signer on this acct; others are 'authorized users ' only. The bank is threatening referring the account to an attorney for purposes of obtaining a money judgement. I am a daughter with POA for her. Can the bank really do anything to her Legally given her circumstances? What would you recommend I do? Thanks she lives in calif
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 5 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

The creditor can sue to collect on the debt, yes.

Terry L. :

They can freeze her bank account, or any other non-exempt assets.

Terry L. :

They won't be able to attach the social security.

Terry L. :

SHe's basically judgment proof if she doesn't own real estate.

Terry L. :

a bankruptcy would discharge the debt though.

Terry L. :

Even if judgment proof, the creditor can still try to sue, call, and collect.

Terry L. :

bankruptcy makes all those problems go away.

Terry L. :

Do you have any questions?

Terry L. :

do you have any questions for me?

Customer: My mother resides in yolo county calif & I reside in eldorado county calif. Do you of any pro Bono bankruptcy lawyers for indigent elderly?
Terry L. :

You could try calling the state bar association for a list.

Terry L. :

give me a moment and I can get the contact.

Terry L. :

there is a lawyer referral service at this site, which may include pro-bono attorneys

Terry L. :

do you have any other questions?

Customer: Tried that. Kind of a grocery list of lawyers without info on pro Bono work. Are you familiar with an organization named Legal services of northern calif and their Debt Collection Clinic (that is limited to sign ups.)
Customer: Also... Due to mom's non complex situation would chapter 7 be a good way Togo.
Terry L. :

no, i am in chicago

Terry L. :

chapter 7 would be if she was to file bankruptcy, yes

Customer: And without doing a bankruptcy filing what Really could to bank do to her. She would have no means of payment for any legal actions.
Terry L. :

they can call, they can send collection letters, they can sue. If she's judgment proof, means the creditor can't get anything. so if she has no bank accounts, no assets, then she's judgment proof.

Terry L. :

they can sue, but can't get blood out of a rock

Terry L. :

did you have any other questions?

Customer: Thank you Terry appreciate your direct answers.take care of the windy city. I grew up in long beach,ind & have great memories
Terry L. :

ok, thank you for your question, if you have any more, please request me.

Terry L. :

Most bankruptcy lawyers offer free consultations.

Terry L. :

click accept when you are ready, and it will close this question. thanks!

Terry L. and other Bankruptcy Law Specialists are ready to help you