California  |  Bankruptcy

Legal Question

Asked on: 5/08/13, 12:22 pm

I have a mother-in-law who is 76 years old and has acquired some credit card debt over the years. This debit was sold to a 3rd party collector who is pursuing collection through the court system. Her only income is Social Security benefits and California State assistance benefits. My question is; Can they get a judgement for a lien of some kind against here benefits?

1 Answer

Answered on: 5/08/13, 12:52 pm by Michael Avanesian

They cannot. However, you have to be careful because if she accumulates too much money in her savings or comingles that money with non protected funds, then that is suseptible.

You may also have to file paperwork to protect the money when they do try to levy. If you don't assert a right, sometimes you lose it.

Finally, if she has real property, they may try to put a lien on it.

My last comment is that maybe bankruptcy is a good option for your mother in law so that she does not have to get calls all the time from these collectors. Get a free consultation from an attorney to see what they think. This really depends on her situation.

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