Legal Question in Credit and Debt Law in Michigan
Schizophrenic and Credit
1) I am writing for 45-year old schizophrenic nephew who lives with 82-year old mother & not able to work.
2) Nephew has brother, 52,who is addicted to cocaine & does not live with them.
3) Brother w/addiction used schizophrenic brother as pawn to open up credit accounts worth $2,000 and vehicle worth $10,000; used brother's unused credit history, a scam.
4) Schizophrenic nephew draws $600/month SSI.
5) Is my Schizophrenic nephew responsible to pay debts, which were incurred by his drug addicted brother, to gain assets to sell and use for his drug habbit?
6) Should my aunt,who cannot afford to pay her son's debts (she is on fixed income, a widow), pay atty. to declare bankrupcy, so that her son does not have to pay back loans he did not incur himself?
7) What will lender for the vehicle do to collect loan amount of $10,000?
8) What will Walmart & Penney's do to collect their monies from the two credit cards which were opened in Schizophrenic nephew's name? (Aunt is unable to afford to pay, and believes her schizophrenic son are not responsible because it was done by her drug-addicted son, who does not live with them.)
9) Will lender pick up the vehicle, which now is in possession of mother, not being used?
1 Answer from Attorneys
Re: Schizophrenic and Credit
I can touch briefly on the major issues. This forum is not intended to be a substitute for a legal consultation, but I can tell you that if someone uses or opens an account in someone else's name or uses someone else's credit card without permission, that is fraud and a police report should be made. Social Security payments cannot be garnished either directly or from the payee's bank account. A vehicle is a secured loan which means that if payments are not made, the car will be repossessed. Bankruptcy is a good option in this case if the nephew does not have assets that exceed the allowable exemptions. Only a thorough review of income and assets can determine that.
Please feel free to call me at (248) 679-1552 for a consultation. My hourly fee is $160.00 which can be included in the price of a bankruptcy.
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