Georgia  |  Credit and Debt Law

Legal Question

Asked on: 6/22/13, 12:41 pm

Mother has been sued for credit card that she can't pay due to my father passing away. All she gets as far as income is social security. Can they garnish this. She also has no assets such as a house or car

2 Answers

Answered on: 6/22/13, 1:29 pm by Glen Ashman

Her social security cannot be attached, however, depending on how many months worth she has in the bank, a bank account could be. In some cases she should file bankruptcy. In some she may have a defense. Either way she needs to see a lawyer within 30 days of being sued.

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Answered on: 6/22/13, 1:29 pm by Rachel Hunter

Social Security is totally exempt from garnishment. It is not clear from your post whether this debt was in your mother's name thus rendering her liable or whether the debt was your father's. If the latter then it should have been resolved as part of your father's estate and your mother would not be directly liable.

If what you say is true and that your mother has absolutely no assets like a house or car and only gets Social Security, then she is what is called "judgment proof." That means the creditors can sue her all day long and they will get nothing.

Depends on who is suing and the circumstances, but would your mother have enough income to settle the debt at some point? Most credit card companies will settle for roughly between 20% and 80% of the judgment, depending on circumstances. If your mother is interested in discussing resolution of this in a non-bankruptcy non-litigation context, please have her contact me at I cannot discuss specifics of your mother's debt with you unless you have a valid financial power of attorney for her.

However, if she has any sort of a valid defense to the complaint, then she should see a credit card defense litigation lawyer. If the lawsuit is in GA, then she has 30 days to file an answer.

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