Credit Cards, Rating, Repair Elderly mother/debt collection

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BarbS

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My elderly mother is very concerned. My step dad passed away a year ago, my mom could not afford their home and moved into a HUD high rise for the elderly. The home went into foreclosure. The only income she has is her Social Security, no assets.

A credit card company has filed a lawsuit against her for collections. It was my stepdads card, but her name was also on it. They were and are the type of people who always paid their bills on time. My mom is devastated about this. She does not have the income to pay this off and is very stressed about it. I live in another state. My mom and I called the court and wrote a letter asking for an extension, which was granted. We also asked if my mom could attend the hearing telephonically. They stated no. She called Legal Aid of MO and they stated they could not help her.

I did some research and told my mom that they will not be able to do anything to her and to try and not stress about it. She does not drive and her health is not the best. My brother lives near her. He could drive her to the hearing but I feel it would not make any difference and would be to much for her. You have to walk a long way to get to the courts, even if my brother would drop her off and then go and park the car.
Do you feel she should appear?
Is there anything I can do to help her from another state?
Do you feel if I helped her write a letter to the judge stating she is elderly, suffers from Heart issues, lives in HUD, no assets, etc that this would make any difference?
Is there a legal form I could use to send to the court for her, or would that be a waste of time?
Thanks you for any responses. My family has never had any situations like this and we do not know how to handle it.
 
Your mother has nothing to fear. Even if the debt scavenger prevails, because she defaults, her social security is untouchable. Only the government can attach social security for debts owed to the government, and then only up to 15%, if your benefit is above a certain amount.

Tell mother to forget these debt roaches. They can't touch her meager social security benefit. Tell her not to communicate in any way with these thieves. In fact, have her number changed. Then instruct her to give it only to trusted friends and relatives.

Good luck.


Extra credit reading:


http://www.socialsecurity.gov/OP_Home/rulings/oasi/41/SSR79-04-oasi-41.html


http://www.nolo.com/legal-encyclopedia/protections-social-security-funds-bank-accounts.html
 
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A collection judgment might affect her housing review. She should consult her housing manager and ask if a judgment would cause her to be evicted from the program.
 
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