Legal Question in Banking Law in Georgia

A credit card company served papers on me to collect a debt in April. I am on ss and have no means to pay. I tried to file both chapter 13 and 7 but filing a 7 my house would have to be sold.

I realize they can get a lien on the house and if and when I sell or die the company would be able to get their money. I checked with the court house recently and they show no liens. My question is I take care of my 92 year old mother. She has a checking account in her name but I am able to sign checks for her. Can the credit card company go into her acct to collect money. Thanks


Asked on 9/02/10, 10:17 am

2 Answers from Attorneys
Phillip M. Cook Cook Legal Services, LLC

As long as your name is not on your mother's account, the credit card companies cannot touch it. However, if you and your mother share the same or common name (for instance, you are both Jane Smith, or Susie Johnson), mix-ups happen by debt companies and sometimes bank accounts get hit that shouldn't have.

Best of luck.*******The above is intended for informational purposes only and does not create an attorney-client privilege.******

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Answered on 9/07/10, 10:30 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If the suit was filed in April, they have probably won by now. The judgment is a lien on your property and will end up on the G.E.D. docket.

Don't assume your house will be lost in bankruptcy until you see a lawyer. I'd need more numbers to answer that.

In the meantime, do not put your name on any of her accounts. Joint accounts can be seized.

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Answered on 9/07/10, 6:32 pm


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