Legal Question in Credit and Debt Law in Indiana

Debt collection with no money to give

My mother is a cancer patient on a fixed disability income,and is being hounded for high payments which she can't afford. When she tells them what she can afford, they decline her payment. So my question is, can they still sue her if she at least pays them something? Even if it is $5.00 a month, or does she have to pay their payment they want? Where would she stand legally without having to file bankrupcy? Does a person on a fixed income have a leg to stand on. She has medicare and medicaid, but there is still left over balances that she can't pay. Please help if you can.


Asked on 1/15/05, 7:27 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Debt collection with no money to give

The debt collectors are not required to accept less than full payment in satisfaction of their claim. However, they are required to abide by certain rules prohibiting harrasment under the Fair Debt Collection Practices Act.

http://www.fair-debt-collection.com/fair-debt-act.html

That is one of many links you can review. Google "Fair Debt Collection Practices Act" for more information.

Also, all social security disability payments are exempt from collection. So even if the cretins did trouble themselves to go to court, they would never be able to force your mother to pay, assuming your mother doesn't have other non-exempt assets. They would be able to force her to show up and claim her exemptions. I suggest you write a letter to the barbarians and explain that the facts recited in your query to LawGuru, and tell them not to contact her any more, as it would be harrasment under the FDCPA in view of the fact that she is very ill.

A chapter 7 or chapter 13 bankruptcy case is also a possible remedy. If your mother owns a house or other property that can be attached by a judgment against her, then she should confer with a local attorney experienced in debtor relief cases. Ask your local bar association for a referral. Good luck.

Read more
Answered on 1/16/05, 11:24 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Indiana