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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My mother, who has been ill for several, years has a

Customer Question

My mother, who has been ill for several, years has a 'judgement' that was done process through the courts back in 06/2010 the judgement at that time was $6300.0
Whoever wrote that a client who is has his own attorney has a fool for a client is 100% correct as I have tried to deal with the collect copy that sprouts from a Bank of America Collection account that was purchased but a major ditch digger in that particular game, I didn't now then that I couldn't 'undo' a garnishment' and / or fight in the future - it was my 'assumpstion' that when i has the money I would hire a attorney and fight it when I could, but everything just keeped getting worse and worse and I never got to do that.
No my mother barely goes out, she is always sick and I tried my best to handle everything for her that I can, but yesterday I recieved a plain old envelope while getting her mail form her house is Port St. Lucie, I live on the other side of the state, Bradenton which will probably change due to her health, is the correspondence I get:
I look up the paperwork on the clerk office online and I also come across another 4 documents that I NEVER received, they are trying to 'garish her wages' , which the only wagers she has are 'Social Security' which was disability and then change over to regular retirement when she because old enough, and my deceased father pension (03.14.2002) from General Motors - which they have sent off paperwork to JP MORGEN CHASE, knowing that my mother has no investments, no savings, no anything and has been living check to check for a long time (I try to help her out as much as I can but I have 2 small children and a family I dont have the money) so doesnt have the money, I am looking at the at the "WRIT OF GARNISHMENT" for this bill which is now over $10,000 and she doesnt have it, she has a mortgage, she has medication she cant afford.
Looking at the "writ of garnshinement" - which I have power of attorney for my mother, I have STILL NOT RECIEVED A COPY of this garnishment, I am given 20 day to comply, I am told t=by a woman at the clerks office that they will not accept the power of attorney I have for my mothers 'affairs'?
How can I fight a document that I found by accident online, which I dont have?
How cant I fight the pension that the are trying to get beause it is my deceased fathers pensions and not my mothers pensions, there is no spot in the answer to the WRIT OF GARNISHMENT for pensions that dont belong to you, can they get and take my deceased FATHER's Pensions??
I am aware that the cannot take social security, which is her only other income beside that pension, and that pension pays her mortgage.
I can't get legal help because she make just under $45000 with inst a lot considering she has to pay her own health insurance, can afford her medications, has a mortgage, and a ton of other bills, she is not all with it, and I am trying to get her to live with me but she wishes for her independent and not to 'bother me' and my family.
I need to notifying the other lawyer, the pension company and it has to be done with a notary, which I would think that they would allow my POA, they certainly allowed it back in 2010 when this happen.
I would sincerely ***** ***** advice and how I can handle this?
Please Help
Submitted: 11 months ago.
Category: Family Law
Expert:  JD 1992 replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  JD 1992 replied 11 months ago.

The reason that they won't accept anything from you is that while you have a Power of Attorney you aren't actually her attorney and aren't allowed to do anything in court or in the form of legal work for her. You can hire a lawyer to represent her but that's it. You have to be careful because it could even be considered a breach of your fiduciary duty to your mother under the Power of Attorney not to hire a lawyer for her when she got sued.

Is the pension they are trying to get the money from Social Security or something else? Your facts above are a little unclear on that point.