Legal Question in Bankruptcy in Georgia

Re: Can a creditor forclose on a home that has never missed a payment

Never ever talk to a collector on the phone. In fact, you have a right to send them a "Drop Dead" letter in which you advise them they may never call again. Since this collector has lied to you and broken federal law and is obviously willing to make up anything to intimidate you, you should send that letter. First of all, the creditor may NOT harass you or anyone else after that letter. Second, they can't pursue you. If they do sue, they can get a lien on the house, but that (possibly) could be prevented by a bankruptcy. For more information on that option go to www.glenashman.com, get a bankruptcy worksheet and then make an appointment to review that and other options. I am an attorney who handles bankruptcy and am a qualified federal debt relief agency under the bankruptcy code. (There may be other options, but we'd need the information in that worksheet to discuss them).

Re: Can a creditor forclose on a home that has never missed a payment

Your post does not indicate you are dealing with a collection agency, rather than the original credit card issue, so I am not sure how much of Mr. Ashman's reply may apply. The "drop dead" letter applies to collectors, not original creditors, AND it often serves only to persuade the creditor or collector they may as well file suit. The original creditor also has wide latitude as to who they can contact about the debt, and it is reasonable for them to contact the person who handles the debtor's financial affairs. Beyond that, there are too few facts. If she has no assets, income or significant equity in the house, it may not be worth it to file for bankruptcy because there is nothing for them to get with a judgment. Moreover, there may be no reason to file until they do file a lawsuit and that may never happen. You may be better served to see someone experienced in elder care to review this and other issues that may arise.