Legal Question in Consumer Law in New York

ok my mom needs to go into a nursing home..she has credit card debt and no money to pay them off..once she is in the nursing home they take her check..so what happens because she can't pay on them anymore,and am i responsible for those debts in anyway..

thanks Rich


Asked on 1/25/10, 1:47 pm

2 Answers from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

You are not responsible for the credit card debts of your mother, assuming you were not the one to create the debt. Most credit card companies will not investigate deeply into the manner by which the debt was created on a particular account, although it is possible that an attorney hired to collect the account will review the statements and try to determine whether the activity appears to be fraudulent. Women of nursing home age do not normally incur expenses say for exercise equipment, computer charges and the like. The short answer is that you are not liable for the credit card debts of your mother.

Read more
Answered on 1/30/10, 2:04 pm
Peter Gleason Mavrides, Moyal & Associates, LLP

Rich- as previously stated, you would generally not be liable for your mother's credit card debt if you are not a cosigner.

As to your mother being unable to pay the credit card debt at this point, several considerations should be made. First, does she own a home and/or other assets? If so, creditors could start a lawsuit (if your mother defaulted on payments) in an attempt to obtain a judgment against her, and a lien against such assets. If there are no assets and the creditors know it, they may be less likely to go through the trouble. However, that does not mean they won't start a lawsuit or pursue other collection efforts.

Depending on the amount of the credit card debt, your mother's assets/financial situation, and other factors, Bankruptcy might be a consideration. Good luck.

NOTE: Please bear in mind that the above response is provided for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. Because every case depends on unique facts, it is recommended that you contact and meet with a competent attorney in your area. Kindly feel free to contact me via telephone or email should you wish to further discuss your case and/or the possibility of obtaining representation. Thanks.

Read more
Answered on 1/31/10, 1:32 pm


Related Questions & Answers

More Consumer Law questions and answers in New York