Legal Question in Credit and Debt Law in Kentucky

My mom is 66 years old, finacially destitute. She has no credit card debt and is on Medicare. Today she was contacted by a lawyer saying she owes a ambulance bill from a year and a half ago and if she doesn't pay 334.00 by tomorrow afternoon they are suing and by the time all is said and done she will be out over 1000.00 and if they have to they will even take her jewelry and furniture if she can't pay. I requested a payment plan and he said that it was to late. She will be able to pay 100.00 a month until the bill is payed beginning December 1st. What can we do?

Asked on 11/23/09, 10:59 pm

1 Answer from Attorneys

E. Brian Davis Davis Law Office

Relax. You need some advice but there is not enough information in your question to give you the advice you need.

There is a good chance, based on the information in the question, that you mother may be "judgment proof." That means that she may not have any non-exempt assets from which the creditor can collect on a judgment. Exempt assets are thing that are protected from being taken from you involuntarily. Kentucky allows a certain amount (certain value) of furniture, jewelry, etc. to be kept as exempt assets. Anything over the limit can theoretically be seized.

Federal law prevents creditors from taking Social Security money (unless you mix it in with non-exempt money).

To be sure of this, and to make sure that your mother does not inadvertently turn exempt assets into non-exempt assets, you should consult with a lawyer in your area who is knowledgeable about such things. Bankruptcy lawyers should know this well. To find one in your area, you can consult the attorney locater on the website of the National Association of Consumer Bankruptcy Attorneys (

Finally, you should also ask the lawyer whether you have a case against the collection agent (supposedly a lawyer) for violating the Fair Debt Collection Practices Act.

Good luck.

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Answered on 11/28/09, 11:44 pm

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