Legal Question in Credit and Debt Law in California

Trying to help family causing me debt over my head

I foolishly tried to help family members who had credit problems. Now I'm the one facing all the bills and my credit is in shambles. I've tried to work out a payment plan with some of them but they keep adding late charges each month so my payments are not reducing the debt by much. Should I just stop paying these bills and let them do whatever they want? I don't own any property and my only income is Social Security. If they get a judgment can they take money from my checking account which only has direct deposit from SS? Thank you for any advice.


Asked on 3/03/02, 5:37 pm

3 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Trying to help family causing me debt over my head

you might also want to consider a bankruptcy. certainly stop paying any bills not in your name.

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Answered on 3/03/02, 10:31 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Trying to help family causing me debt over my head

Thanks for your posting. You should truly consider bankrutpcy, which is the only thing that will give you a "fresh start" by discharging these debts all at once.

The social security question you've asked is a different problem. Social security income is generally not something a creditor can touch, but they can seize, or freeze, a bank account and take money from it, no matter where the money came from. It's then YOUR burden to prove to a court, yourself or through an attorney, through a tracing audit of the money coming into the account, that it is solely from social security income, and from no other source.

You have to do all of the above while the marshall or other agency holds onto your money, which is difficult, and even afterwards it takes a long time to get it back.

Thanks, and if you have any other questions, please feel free to email.

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Answered on 3/04/02, 2:50 pm
Alexander Trueblood Trueblood Law Firm

Re: Trying to help family causing me debt over my head

They can't execute a judgment on social security money. That doesn't mean they couldn't attach other assets like your home or a car. However, creditors rarely go after cars, because it is a hassle.

You could write all the creditors "cease contact letters" and tell them you only have social security income and can't pay the bills. There is not much they can do then, since they must cease contacting you. They might sue, but they can't take your social security. So the only likely damage is to your credit rating. This is really off the cuff advice...please see an attorney, and perhaps a bankruptcy attorney, before taking action or assuming that there won't be consequences if you don't pay the bills. Good luck.

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Answered on 3/03/02, 6:36 pm


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