Legal Question in Credit and Debt Law in Alabama

Credit Card Payment

My mother owes 2 credit card companies. She gets

disability and that is her only income. her financial situation has changed and she no longer gets help from some family members and she cannot make the credit card payments. she has no savings account or

any other assets. she does own her house(it is not payed for yet). she is worried they can take her house from her and leave her homeless. i need to know what her right's are. thanks


Asked on 3/14/02, 1:14 pm

1 Answer from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Credit Card Payment

First, they have to file a lawsuit against her and get a judgment. Once a judgment is obtained, they can record the certificate of judgment in the probate court of the county where your mother lives. This certificate becomes a lien on your mother's property in the event the house is ever sold or refinanced - it will have to be paid. Most companies do not want to execute on property, but it is possible. The judgment creditor would file its execution with the sheriff's department, and the sheriff could sell the home. In that event, the mortgagee would need to be put on notice, and your mother would have a homestead exemption (I believe $5,000.00).

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Answered on 3/14/02, 2:41 pm


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