Legal Question in Credit and Debt Law in Florida

I am the full time care taker for my mom who has Alzeheimers. I am also the POA and handle all her finances. I have been caring for her for about 2 and half years. In January, 7 months ago, she was diagnosed with lung cancer. Dr. said surgery was not an option and due to her dementia, treatment was not a good idea. So, I have adjusted to the job of making my moms days as comfortable as possible. She is on a fixed income, has no car but does own a home that is homestead in Florida. With current values, she would probably come close to breaking even on a sale. I have choosen to move to her home, quit my job and care for her. I had some money in savings but I pay our bills with her income. I am not paid to care for her nor do I expect it.

My question. She has an outstanding capital one loan, that I did not have in the budget. I have to pick and choose what I can pay. They are sending threatening letters to garnish her income. It is called a "claim of exemption and request for hearing". She is bedridden... she can not go to court and it is a very big deal for me to go and leave her. Not to mention, I dont want to be dealing with this right now.

Can they try to garnish her wages and take her to court?


Asked on 7/29/11, 8:59 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

If she does not work, she has no wages. Until they obtain a court judgment, they cannot attempt to collect. Of course, they are free to start a lawsuit.

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Answered on 7/30/11, 7:14 am


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