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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have called various advisors all morning., I am told my

Customer Question

I have called various advisors all morning., I am told my situation has only one answer, that being bankruptcy. Are there lawyers that help the elderly with such a situation. I am 77 , my husband 78. I realize my problem was indebtedness and sign up for Net- Debt consolidation.
JA: What state are you in? And has anything been officially filed?
Customer: NC. No. Just the Net Debt and payments are too high. I am 846- each month.
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Quite honestly, you may not like the answer you were given, but legally if you have this debt, then you have 3 choices 1) pay it, 2) file bankruptcy or 3) do nothing if you own no property and your only income is retirement income.
The reason I say do nothing is that if you own no property and your only income is retirement or SS or similar type income, you are what they call judgment proof. So if you stop paying and they sue you and you let them get a judgment against you, then there is nothing they can get from you as your retirement pay is exempt from garnishment or seizure and you would need to make sure your bank accounts are set up in the name of someone you trust so the creditor cannot cause you problems and try to seize the bank account. This can be a bit risky way to deal with this, but if you own nothing and that is your only income, then even if they sue you and get a court judgment against you they cannot collect from you so you can simply ignore them.
The only other alternative to that risk of doing nothing and just stopping to pay is bankruptcy and in many cities there are senior citizen centers who can refer you to attorneys to assist free or at low cost to you or you can go to the local legal aid office and get their assistance.
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